Cope v. Askins

• Decision Date: 20 March 1925
• Citation: 208 Ky. 86,270 S.W. 454
• Parties: COPE v. ASKINS ET AL.
• Court: Kentucky Court of Appeals

270 S.W. 454

208 Ky. 86

COPE v. ASKINS ET AL.

Court of Appeals of Kentucky.

March 20, 1925

Appeal from Circuit Court, McCracken County.

Action by Alice Cope against Charles Askins and others. From a judgment directing verdict for certain defendants, plaintiff appeals. Affirmed.

L. B Alexander and C. C. Grassham, both of Paducah, and J. B Allensworth, of Louisville, for appellant.

Wheeler & Hughes and Mocquot, Berry & Reed, all of Paducah, for appellees.

DIETZMAN J.

In the month of February, 1922, some one representing herself as Mrs. A. E. Cope bought some goods from three different stores in Paducah, to each of which she gave a check in payment signed "A. E. Cope, by Mrs. A. E. Cope." These checks were drawn on a bank at Calvert City, Ky. and in due time were returned as "no good." Thereupon James W Graham, who was the resident manager of a department store to which one of these checks was given, together with the son of Mr. W. E. Cochran, to whom another one of these checks was given, and for whom this son was working, started an investigation. They went to Calvert City and ascertained that a man by the name of Archie Cope had lived there and married a girl of that town, but that he was then residing in Illinois. The two then visited the mother of Mrs. Cope, and, without imparting to her the reason of their mission, secured from her the address of her daughter. They then returned to Paducah, where Graham, the elder Mr. Cochran, and one Rudy, to whom the third check was given, swore out warrants against Mrs. A. E. Cope, alias Mrs. John Doe, charging her with the offense of issuing these bad checks.

The check given to the store for which Graham was manager being over $20, and therefore a felony, the police officials of Paducah, acting under its authority, communicated with the officers in Illinois, and had them arrest Mrs. Alice Cope the appellant herein. A police officer from Paducah then went up to Illinois and returned with appellant, who had waived extradition proceedings. On their return, appellant was confronted by the clerks of the three stores at which the checks were cashed, and was promptly exonerated from being the one who had cashed the checks. Of course she was immediately released. At this meeting Cochran, Rudy, and Graham, who were present for the purpose of identifying appellant, made up a purse to reimburse Mrs. Cope for her expenses from and to her home in Illinois. Later Mrs. Cope sued Rudy, the elder Cochran, Graham, and his employer, Askins, for false imprisonment. At the conclusion of the case the court instructed the jury to peremptorily find a verdict in favor of Rudy and Askins, but submitted the case as to Cochran and Graham, against whom the jury found a...