Ford Motor Credit Co. v. Blackjack Coal Co.

GANT, Judge.

Ford Motor Credit Company filed a suit in Jefferson County against "Blackjack Coal company for the deficiency on a promissory note remaining after the repossession of mining equipment subject to a security agreement. The lower court dismissed this action on the grounds of improper venue, and Ford appealed.

Ford argues that this action is on a contract and subject to KRS 452.450, which permits an action against a corporation to be brought where the contract is to be performed. Blackjack takes the position that the action is transitory and thus subject to KRS 452.480, requiring that…