Field Enterprises Educational Corp. v. Hopkins
| Decision Date | 08 May 1964 |
| Citation | 378 S.W.2d 797 |
| Parties | FIELD ENTERPRISES EDUCATIONAL CORPORATION, Appellant, v. Louis HOPKINS, Appellee. |
| Court | United States State Supreme Court — District of Kentucky |
Farland Robbins, Mayfield, for appellant.
Sam Boyd Neely, L. M. T. Reed, Neely & Reed, Mayfield, Charles A. Williams, Paducah, for appellee.
CLAY, Commissioner.
Appellee plaintiff recovered $2500 damages for the alleged wrongful acts of appellant defendant's agent who entered her home and removed certain files and sales material belonging to her. Defendant's brief sets forth eight grounds for reversal, and its 'Argument' on all of these points consists of exactly one typewritten page.
Process was served on defendant, a foreign corporation, under KRS 271.610(2). It is contended the corporation was not subject to suit in Kentucky because it was not doing business in this state. Defendant's own affidavit shows that it not only employed salesmen in this state but had a 'division manager' who maintained an office in Louisville. The corporation was doing business in Kentucky. See Star Elkhorn Coal Co. v. Red Ash Pocahontas Coal Co., D.C., 102 F.Supp. 258; International Shoe Co. v. State of Washington, 326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. 95, 161 A.L.R. 1057.
Defendant contends the complaint did not allege that defendant's agent was acting within the scope of his authority. This is implicit in the allegation that defendant 'by and through its agent' committed the alleged wrongful acts. In any event, the proof established the fact.
It is suggested the acts of defendant's agent were criminal in nature, for which the corporation could not be responsible. Assuming the acts may be characterized as crimes, they were also torts, for which the corporation could be civilly liable.
Defendant contends the damages were excessive, but we do not find them so under the pleading and proof.
Other contentions are made which are unsupported by explanation or argument and in which we find no merit.
The judgment is affirmed.
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...the scope of the personal jurisdiction of the Kentucky courts in "doing of business" cases. See e. g., Field Enterprises Educational Corp. v. Hopkins,378 S.W.2d 797 (Ky.1964); Charles Zubik & Sons v. Marine Sales & Service,300 S.W.2d 35 (Ky.1957); McKenna v. Udall, 135 U.S.App.D.C. 335, 418......
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Etheridge v. Grove Manufacturing Company, Civ. A. No. 1663.
...v. Denckla, 357 U.S. 235, 78 S.Ct. 1228) In 1964 the Court of Appeals of Kentucky decided the case of Field Enterprises Educational Corp. v. Louise Hopkins, Ky., 378 S.W.2d 797. Process was there served on the defendant foreign corporation under K.R.S. 271.610 (2), the long arm statute invo......
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McKenna v. Udall, 21915.
...would not be able to effect personal service in Kentucky upon the corporate purchasers of the property. Field Enterprises Educ. Corp. v. Hopkins, 378 S.W.2d 797 (Ky. 1964), is authority for the proposition that Kentucky adheres to the broad conception of the scope of personal service enunci......
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Irby v. All State Industries of North Carolina, 1354.
...in Kentucky, and repairing its barges in Kentucky constituted "doing business" under KRS 271.610(2). In Field Enterprises Educational Corp. v. Hopkins, 378 S.W.2d 797 (Ky.1964), the maintenance of a salesman and a "division manager" with an office in Louisville, Kentucky, constituted "doing......