Spahr v. P. H. Supply Company

Indiana Supreme Court

Spahr v. P. H. Supply Company

63 N.E.2d 425, 223 Ind. 591, 1945 Ind. LEXIS 146

CourtIndiana Supreme Court

DecidedNovember 9, 1945

DocketNo. 28,133.

StatusPublished

Cited by3 cases

This text of 63 N.E.2d 425 (Spahr v. P. H. Supply Company) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Spahr v. P. H. Supply Company, 63 N.E.2d 425, 223 Ind. 591, 1945 Ind. LEXIS 146 (Ind. 1945).

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Opinion

Richman, C. J.

1. This appeal filed in the Appellate Court was transferred here because there is duly presented therein a question of rights guaranteed by the Federal Constitution. § 4-214, Clause First, Burns’ 1933. It is an appeal from a judgment upon a judgment of an Ohio court taken pursuant to a cognovit and presents questions similar to those in W. H. Barber Co. v. Hughes, ante, p. 570, this day decided. The facts were stipulated and may be stated very briefly.

*593 *592 Appellee is an Indiana corporation with offices at Ft. Wayne, Indiana. Appellant, when the note was -exe *593 cuted and the judgment taken in Ohio, was a resident of that State. The note was dated at Van Wert, Ohio, signed there and delivered to an agent of appellee in Ohio. So far as the record discloses it may have remained in Ohio until the judgment was taken thereon in an Ohio court. The only contact point with Indiana is by reason of the fact that tke note was made payable at appellee’s office in Fort Wayne. There is no question as to the validity of the process or of the judgment under the laws of Ohio. The record is silent as to where value was given, but it may be assumed in aid of the judgment that this occurred in Ohio. We do not consider that the fact that the note was payable in Indiana made it an Indiana contract.

The case is ruled by the principles set out at length in W. H. Barber Co. v. Hughes, supra. Accordingly the judgment below giving full faith and credit to the Ohio judgment is affirmed.

Note.—Reported in 63 N. E. (2d) 425.

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Richman, C. J.

1. This appeal filed in the Appellate Court was transferred here because there is duly presented therein a question of rights guaranteed by the Federal Constitution. § 4-214, Clause First, Burns’ 1933. It is an appeal from a judgment upon a judgment of an Ohio court taken pursuant to a cognovit and presents questions similar to those in W. H. Barber Co. v. Hughes, ante, p. 570, this day decided. The facts were stipulated and may be stated very briefly.

*593 *592 Appellee is an Indiana corporation with offices at Ft. Wayne, Indiana. Appellant, when the note was -exe *593 cuted and the judgment taken in Ohio, was a resident of that State. The note was dated at Van Wert, Ohio, signed there and delivered to an agent of appellee in Ohio. So far as the record discloses it may have remained in Ohio until the judgment was taken thereon in an Ohio court. The only contact point with Indiana is by reason of the fact that tke note was made payable at appellee’s office in Fort Wayne. There is no question as to the validity of the process or of the judgment under the laws of Ohio. The record is silent as to where value was given, but it may be assumed in aid of the judgment that this occurred in Ohio. We do not consider that the fact that the note was payable in Indiana made it an Indiana contract.

The case is ruled by the principles set out at length in W. H. Barber Co. v. Hughes, supra. Accordingly the judgment below giving full faith and credit to the Ohio judgment is affirmed.

Note.—Reported in 63 N. E. (2d) 425.

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63 N.E.2d 425, 223 Ind. 591, 1945 Ind. LEXIS 146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spahr-v-p-h-supply-company-ind-1945.

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