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Sales Keyed to Whaley
Agricredit Acceptance, LLC v. Hendrix
Citation:
82 F. Supp. 2d 1379 (2000)Facts
Thomas Hendrix’s 1997 cotton crop was financed by AAC, which held a perfected security interest properly filed in county real estate records and clerk’s offices. The cotton was ginned, baled, and stored in various warehouses that issued electronic warehouse receipts. Sea Island Cotton Trading was designated as Hendrix’s selling agent, and AAC properly notified Sea Island of its security interest under the Food Security Act. The EWRs were placed in Sea Island’s name, and Sea Island sold large quantities of Hendrix’s cotton to the defendant merchants through electronic transfers of the EWRs. The merchants paid Sea Island for the cotton, but Sea Island violated its FSA obligations by never paying AAC or Hendrix for the cotton sold.
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