Money-Line, Inc. v. Cunningham

80 A.D.2d 60, 437 N.Y.S.2d 816, 1981 N.Y. App. Div. LEXIS 9745
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 3, 1981
StatusPublished
Cited by10 cases

This text of 80 A.D.2d 60 (Money-Line, Inc. v. Cunningham) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Money-Line, Inc. v. Cunningham, 80 A.D.2d 60, 437 N.Y.S.2d 816, 1981 N.Y. App. Div. LEXIS 9745 (N.Y. Ct. App. 1981).

Opinion

OPINION OF THE COURT

Hancock, Jr., J.

In Gladding Corp. v Balco-Pedrick Parts Corp. (76 AD2d 1) we held that defendant’s act in placing an order in New York for goods to be shipped from Florida did not, under the circumstances, amount to sufficient ¡Florida contacts to subject it to in personam jurisdiction in that State (see Hanson v Denckla, 357 US 235; International Shoe Co. v Washington, 326 US 310). In certain respects it may be argued that defendants here in making a contract in New York for services to be performed in Ohio have done more [61]*61to support jurisdiction over their persons in Ohio. Nevertheless, we conclude that the contacts are not sufficient and that the default judgment obtained against defendants in Ohio should not be accorded full faith and credit.

Defendants Ronald and Martha Cunningham, interested in refinancing their farm in Sherman, New York, placed a call to plaintiff, Money-Line, Inc., in Mansfield, Ohio in response to an advertisement placed in a national farmer’s magazine by Money-Line. Edward Fraley, president of plaintiff, traveled to Sherman where the parties executed a contract in which plaintiff agreed to obtain a loan for the defendants in return for payment of 4% of the loan amount. Subsequently, defendants mailed financial statements and soil maps to plaintiff in Ohio and telephoned plaintiff several times to ascertain whether it had obtained financing.

Approximately two years later defendants obtained a $150,000 loan from Equitable Life Assurance Society of the United States. Plaintiff, claiming entitlement to 4% of that amount, commenced an action in Ohio pursuant to the Ohio long-arm statute, rule 4.3 (subd [A], par [1]) of the Ohio Rules of Civil Procedure.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

STEVEN M. GARBER & ASSOCIATES v. ZUBER, KIM JOHN
Appellate Division of the Supreme Court of New York, 2011
Steven M. Garber & Associates v. Zuber
87 A.D.3d 1295 (Appellate Division of the Supreme Court of New York, 2011)
Yu v. Signet Bank/Virginia
82 Cal. Rptr. 2d 304 (California Court of Appeal, 1999)
Plotch v. Sheibar
201 A.D.2d 431 (Appellate Division of the Supreme Court of New York, 1994)
FDIC v. Caliendo
802 F. Supp. 575 (D. New Hampshire, 1992)
Signet Bank/Virginia v. Tillis
396 S.E.2d 54 (Court of Appeals of Georgia, 1990)
Chalek v. Klein
550 N.E.2d 645 (Appellate Court of Illinois, 1990)
Levy, Sherwood, Klein & Dudley, P.A. v. Miller
125 A.D.2d 928 (Appellate Division of the Supreme Court of New York, 1986)
Porcello v. Brackett
85 A.D.2d 917 (Appellate Division of the Supreme Court of New York, 1981)
Roddy v. Schmidt
85 A.D.2d 756 (Appellate Division of the Supreme Court of New York, 1981)

Cite This Page — Counsel Stack

Bluebook (online)
80 A.D.2d 60, 437 N.Y.S.2d 816, 1981 N.Y. App. Div. LEXIS 9745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/money-line-inc-v-cunningham-nyappdiv-1981.