14 S.W.2d 751 | Ky. Ct. App. | 1929
Affirming.
In the case of Parsons Scoville Co. et al. v. Chester J. Terrell et al., the motion for an appeal is denied and the judgment affirmed.
There are two appeals on the same record, and the case of Chester J. Terrell v. C.W. Terrell requires a consideration of the facts and a determination of the question involved. *195
Chester J. Terrell is a son of C.W. Terrell. He had been engaged in the grocery business with his father. He withdrew and went into the same business for himself near the place of business of his father. He conducted his business about one month, when he left the city and went to St. Louis to attend the races. On the day that he left, a representative of Parsons Scoville Company called at his place of business, and upon inquiry learned that he was absent and that his wife either did not know where he was or declined to say. The representative of Parsons Scoville Company obtained information rather disquieting, as young Terrell was indebted in a large sum to his firm. He notified Mr. Siler, the local manager in Owensboro of Parsons Scoville Company, who came to the place of business of young Terrell and had some discussion with Mrs. Terrell. There is a sharp conflict in the evidence as to what took place, but the result was that Parsons Scovilie Company closed the store of Terrell, placed a lock on the door, and took possession of the contents. It is the contention of Parsons Scoville Company, and Mr. Siler, that the wife of Chester J. Terrell voluntarily surrendered the possession of the store to them, but she denies that she did so. At the end of four days, Chester J. Terrell returned to Owensboro and demanded possession of the store and its contents, which was refused. An attachment was obtained by Parsons Scoville Company which was levied on the store, and the attachment was discharged by Chester J. Terrell through the execution of a bond. He continued his business for about thirty days thereafter, when he sold out. He then instituted suit against Parsons Scoville Company, B.F. Siler, its manager, and his father, C.W. Terrell, seeking to recover damages for their alleged unlawful closing of his store. He claimed that he lost profits during the four days that the store was closed, and that the conduct of the defendants in the suit injured the good will of his business, and that he lost profits during the thirty days that he attempted to rebuild his business, and that the value of his fixtures and furniture together with his stock of goods was depreciated by reason of their alleged wrongful conduct, and that he was compelled to sell at a loss. He obtained a judgment against Parsons Scoville Company and B.F. Siler for the sum of $496, but the jury returned a verdict in favor of the defendant C.W. Terrell. His suit was against Parsons *196 Scoville Company, B.F. Siler, and C.W. Terrell as joint tort-feasors. C.W. Terrell, in a separate answer, denied that he had anything whatever to do with the closing of the store. He so testified, but the proof for the plaintiff in the action tended to show that he was present and advised Parsons Scoville Company and B.F. Siler to close the store, and that he gave information to them about his son which caused them to take possession of the store and its contents. There was a conflict in the evidence on the question as to whether C.W. Terrell was present and aided, assisted, counseled, or advised his codefendants to take possession of the store and close it over the protest of the wife of Chester J. Terrell. The issue was submitted to the jury and the jury found that he did not so take part in the actions of his codefendants in the closing of the store.
Counsel for Chester J. Terrell, on his appeal, insists that the court committed prejudicial error against him in allowing the introduction of oral testimony as to the contents of a letter written by Chester J. Terrell while he was in St. Louis. They insist that under the rules governing such matters as announced in the cases of Mutual Life Insurance Co. v. Louisville Trust Co.,
Judgment affirmed.