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592 P.2d 982

Thomas v. Colvin

Court of Civil Appeals of Oklahoma

Decided January 16, 1979

Court of Civil Appeals of Oklahoma · decided 1979-01-16

Key passage — most relied on by later courts

“The designation “d/b/a” means “doing business as” but is merely descriptive of the person or corporation who does business under some other name. Doing business under another name does not create an entity distinct from the person operating the business. The individual who does business as a sole proprietor under one or several names remains one person, personally liable for all his obligations.”

quoted by 2 later decisions, including Meacham v. Oklahoma Bank & Trust Co., State v. Ivanhoe

Relies on Duval v. Midwest Auto City, Inc. · Fletcher v. Meadow Gold Company · Rogers v. Brummett

Good law ✅— No negative treatment on recordhow we know

Decided 1979-01-16

How this case has been cited

Cited by 6 later decisions — most recently October 2018

2 federal appellate · 3 state decisions

3019791980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

REYNOLDS, Judge:

¶1Does an individual who does business as a sole proprietor under one or several names remain one person, personally liable for all his obligations?

¶2Jury returned verdict in conversion action against defendant-appellant, R. A. Coker, d/b/a Sherwood Motors, for $1,625 actual damages and $17,500 punitive. Defendant appeals, contending that trial court erred in overruling his demurrer to plaintiff’s evidence.

¶3Plaintiff’s action was premised on defendant’s wrongful repossession of plaintiff’s automobile. The car had been purchased from defendant on a credit plan, and the resulting security agreement and promissory note were assigned to B.F.T.C. Finance Corporation, of which Coker is president. Evidence established that Coker called Bennie Colvin in Oklahoma City and hired him to repossess the car. This was done even though plaintiff was not in default on the note.

¶4Defendant argues that trial court erred since evidence failed to establish that Colvin was the agent of “R. A. Coker, d/b/a Sherwood Motors.” Defendant treats this nomenclature as a separate entity arguing that since Coker was not acting on behalf of Sherwood Motors when he hired Colvin and directed him to convert plaintiff’s car, he is not liable. Coker argues that since he was not sued “individually” he is not responsible for any individual actions apart from the operation of Sherwood Motors. Plaintiff argues correctly that even though Colvin may not have been the agent of “Sherwood Motors” in repossessing the car, Coker’s participation in the commission of this tort as an individual and as agent of B.F.T.C. makes him liable. Rogers v. Brummett, 92 Okl. 216, 220 P. 362 (1923).

¶5Defendant treats this case as if the use of the “d/b/a” designation limited the capacity in which he could be liable. No authority is cited to support this contention that a separate entity is created by this nomenclature. The Oklahoma Supreme Court decided in National Surety Co. v. Oklahoma Presbyterian College for Girls, 38 Okl. 429, 132 P. 652 (1913), that naming a sole proprietor defendant under his trade name was the same as naming the defendant individually.

¶6This same result has been reached elsewhere. In Duval v. Midwest Auto City, Inc., 425 F.Supp. 1381 (D.Neb.1977), the court noted:

The designation “d/b/a” means “doing business as” but is merely descriptive of the person or corporation who does business under some other name. Doing business under another name does not create an entity distinct from the person operating the business. The individual who does business as a sole proprietor under one or several names remains one person, personally liable for all his obligations.

¶7See also, Southern Ins. Co. v. Consumer Insurance Agency, Inc., 442 F.Supp. 30 (E.D.La.1977). R. A. Coker was before the trial court as a defendant individually liable for his actions whether performed on behalf of B.F.T.C. Finance Corporation or as operator of his other business.

¶8Plaintiff presented sufficient evidence to support a finding that defendant participated in the commission of a tort in Oklahoma. There being no absence of proof, trial court properly overruled defendant’s de*984murrer. Fletcher v. Meadow Gold Co., Okl., 472 P.2d 885 (1970).

¶9AFFIRMED.

ROMANG, P. J., and BOX, J., concur.
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