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National Bond Investment v. Whithorn

123 S.W.2d 263 (1938)

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National Bond Investment v. Whithorn

Kentucky Court of Appeals

123 S.W.2d 263 (1938)

Facts

William Whithorn (plaintiff) had a sales contract on his car with National Bond Investment (NBI) (defendant). NBI believed Whithorn owed payments on the car and tried to repossess the car as a result. NBI sent two employees, O’Brien and Baer, to repossess Whithorn’s car. One day, O’Brien and Baer located Whithorn driving his car down the road, and they signaled for Whithorn to pull over off the road. Although Whithorn pulled over, he refused to exit his car after O’Brien and Baer expressed their plan to repossess the car. A wrecker came to the scene and the employees motioned for the wrecker to pull in front of Whithorn’s car to tow it. Whithorn then started his engine so he could drive off, but O’Brien opened the car’s hood and pulled out the car’s distributor wire. The wrecker began to tow Whithorn’s car when Whithorn put on the emergency brake and shifted gears to reverse. Despite this, Whithorn’s car was towed around 100 feet before the wrecker stopped. Whithorn brought suit against NBI for false imprisonment as a result of NBI’s attempt to repossess his car. The jury found for Whithorn and awarded him damages. NBI appealed.

Rule of Law

Issue

Holding and Reasoning (Fulton, J.)

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