Luquire Ins. Co. v. Parker, 7 Div. 666.

• Decision Date: 16 October 1941
• Docket Number: 7 Div. 666.
• Citation: 4 So.2d 259,241 Ala. 621
• Parties: LUQUIRE INS. CO. v. PARKER.
• Court: Alabama Supreme Court

4 So.2d 259

241 Ala. 621

LUQUIRE INS. CO. v. PARKER.

7 Div. 666.

Supreme Court of Alabama

October 16, 1941

Appeal from DeKalb County Court; W. J. Haralson, Judge.

Count F of the complaint is as follows:

"Count F. The plaintiff claims of the defendant the sum of One Thousand Dollars ($1,000.00) Damages, for that heretofore on to-wit: the 20th day of April, 1939, the defendant Luquire Insurance Company, a Corporation, was engaged in DeKalb County Alabama, in the burial insurance business, and the defendant R. O. Allen, was at said time the authorized agent of said Luquire Insurance Company, and the said R. O. Allen while acting as said agent and within the line and scope of his employment, did falsely and maliciously charge the plaintiff with larceny by speaking of and concerning him in the presence of divers persons as follows: That he (the plaintiff) stole money from the Trustees Life Insurance Company, and that he collected money belonging to the said company after he ceased work for it and did not account for said money or remit it, and that he (R. O. Allen) was going to send the plaintiff to the penitentiary, said statements being made on, to-wit: the 20th day of April, 1939.

"The plaintiff further avers that the defendant Luquire Insurance Company is successor to the Trustees Life Insurance Company and took over its business and that later said Luquire Insurance Company approved or ratified the speaking of said words by the defendant R. O. Allen, and that said approval or ratification consisted among other things in the writing of a letter by the defendant Luquire Insurance Company to the plaintiff on May 2nd, 1939, which said letter is now in possession of plaintiff, a copy of which is hereto attached and marked exhibit "A", and made a part hereof the same as if set out in full.

"Plaintiff avers that he suffered great humiliation because of the said statements, that he suffered great mental anguish and worry, and that he was unable to get a job with another insurance company because of the said statements, and that his said suffering and damages were the proximate result of the speaking of said words as herein alleged."

Exhibit A

"Luquire Insurance Company, Inc.

"A Legal Reserve Company

"Home Office

"Birmingham Alabama

"May 2nd, 1939

"Mr C. J. Parker,

"Ft. Payne, Alabama.

"Dear Sir:

"We have reliable information that you are still making collections on your former debit No. 47, and that you are travelling this debit with a competitor of ours making disparaging statements concerning the Trustees Life Insurance Co., and using all of your efforts to twist our business to this competitor.

"We have a sworn affidavit in our possession definitely establishing the fact that you have made unauthorized collections since your employment with the Trustees Life Insurance Co., was terminated. We are giving you this opportunity to make restitution to this company for unauthorized collections you have made and to cease your activities against us. No doubt a man of your intelligence will appreciate the consequences of your actions and we feel sure that this letter of warning will not be misunderstood by you.

"Yours very truly,

"Luquire Insurance Company, Inc.

"(Signed) G. T. Kay,

"Auditor."

Wm. S. Pritchard and David R. Solomon, both of Birmingham, for appellant.

W. Jay Tindle, of Fort Payne, for appellee.

BOULDIN Justice.

Action of slander brought by appellee against appellant, a corporation, and its agent alleged to have spoken the defamatory words.

There was judgment for plaintiff against both defendants. The corporate defendant alone appeals. The other defendant waives citation.

The cause was tried on Count F of the complaint which appears in the report of the case.

The liability of the corporate defendant is predicated upon a ratification of the words allegedly spoken by the agent to divers persons imputing dishonesty, or an offense involving moral turpitude.

In this, the complaint follows the Alabama rule touching the liability of a corporation for the slanderous words of its agent. National Life Ins. Co. v. Abernathy, 206 Ala. 26, 89 So. 725; Singer Manufacturing Co. v Taylor, 150 Ala. 574, 43 So. 210, 9...