Western Savings & Loan Ass'n v. Harris

168 N.W.2d 498, 283 Minn. 419, 1969 Minn. LEXIS 1169
CourtSupreme Court of Minnesota
DecidedMay 23, 1969
DocketNo. 41398
StatusPublished
Cited by1 cases

This text of 168 N.W.2d 498 (Western Savings & Loan Ass'n v. Harris) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Western Savings & Loan Ass'n v. Harris, 168 N.W.2d 498, 283 Minn. 419, 1969 Minn. LEXIS 1169 (Mich. 1969).

Opinion

Murphy, Justice.

This is an. appeal from an order of the district court denying a motion for a new trial and. from a judgment entered in an action by [420]*420Western Savings and Loan Association, an Arizona corporation, against William W. Harris and Imogene S. Harris, his wife, residents of Minnesota, to recover the balance due on a default judgment entered against defendants in the State of Arizona. Defendants ask for a reversal, claiming that “the Arizona Court had not acquired jurisdiction over the persons of defendants prior to the entry of its judgment.”

The facts out of which the controversy arose are not in dispute. Defendants, on November 22, 1963, while residents of the State of Arizona, executed in Arizona a promissory note, secured by a real-estate mortgage. On April 27, 1965, defendants left Arizona, and since that time have been residents of the State of Minnesota. On July 30, 1965, the deputy sheriff of Crow Wing County served a summons and complaint on defendants at their home in Cass County, Minnesota, in an action instituted in Arizona by plaintiff which sought recovery on the note and foreclosure of the mortgage. Defendants did not answer or appear, plaintiff thus securing a default judgment which was entered on September 7, 1965, in the amount of $30,950.33. The mortgaged real estate was sold pursuant to court order, but the proceeds left an unpaid deficiency of $8,450.23, plus interest and costs. Plaintiff commenced this action on July 3, 1967, in Minnesota to recover the deficiency. The lower court found that the Arizona court had jurisdiction to render the personal judgment and, accordingly, awarded plaintiff judgment for the amount of the deficiency with costs and disbursements, except for the costs incurred in serving the summons and complaint.

Defendants direct their attack to the jurisdiction of the Arizona court over nonresident defendants. They contend that Rule 4(e) (2), Arizona Rules of Civil Procedure, does not give to the Arizona courts personal jurisdiction over a nonresident defendant in a strictly contractual action. The pertinent part of the rule reads:

“When the defendant is a resident of this state, or is a corporation doing business in this state, or is a person, partnership, corporation or unincorporated association subject to suit in a common name which has caused an event to occur in this state out of which the claim which is the subject of the complaint arose, service may be made as [421]*421herein provided, and when so made shall be of the same effect as personal service within the state.”

In the wake of International Shoe Co. v. Washington, 326 U. S. 310, 66 S. Ct. 154, 90 L. ed. 95, 161 A. L. R. 1057, and McGee v. International Life Ins. Co. 355 U. S. 220, 78 S. Ct. 199, 2 L. ed. (2d) 223, many states enacted statutes broadening the basis for acquiring jurisdiction over foreign corporations and nonresidents. In discussing the application of Minn. St. 303.13, subd. 1(3), relating to foreign corporations having contacts in Minnesota, we said in The Dahlberg Co. v. Western Hearing Aid Center, 259 Minn. 330, 333, 107 N. W. (2d) 381, 384:

“* * * By these statutes the legislature has recognized that the development of interstate commerce has brought about a fundamental change in our national economy which justifies expanding the scope of state jurisdiction over foreign corporations and other nonresidents. They comprehend, as indicated by the International Shoe case, that one who by his conduct creates a cause of action against himself in a state ought to be subject to action in that state. Under the former concept of ‘physical presence,’ ‘consent,’ or ‘doing business’ as a basis for jurisdiction, defendants have had too much protection. Plaintiffs ought to be entitled to try their cases where the facts occur, the witnesses normally reside, and local law applies. This is in keeping with the ‘fair play’ and ‘substantial justice’ standard laid down in the International Shoe case as the proper one to apply to the problem. It is no greater hardship on the defendant to try his case where his voluntary act brought the dispute into being than to require the plaintiff to try it only where he may later be able to get service on the defendant’s person. The enactment of the new statutes and the numerous decisions on the subject have given rise to the most extensive reexamination of this area of the law since the early statutes providing for service of process on nonresident motorists by service on a state official were validated by Hess v. Pawloski, 274 U. S. 352, 47 S. Ct. 632, 71 L. ed. 1091. Minn. St. 170.55; 12 Dunnell, Dig. (3 ed.) § 6515j(40).”

It would appear that defendants agree with the policy and purpose [422]*422of these statutes but contend that the Arizona rule is narrower than the long-arm statutes of other states and does not include the subject of contracts or the breach thereof.1 Defendants argue that, unlike long-arm statutes in force in other states such as Minnesota, which specifically relate to ownership and use of property, business transactions, torts, and products liability, the Arizona rule is limited to situations where the nonresident has “caused an event to occur.” It is contended that this language would give personal jurisdiction over nonresident individuals in tort actions only and would not include contracts or commercial transactions.

Our attention has not been called to any Arizona case which has passed upon the question presented. It would appear, however, from the statement of the Arizona Supreme Court in Phillips v. Anchor Hocking Glass Corp. 100 Ariz. 251, 413 P. (2d) 732, 19 A. L. R. (3d) 1, that that court would be disposed to giving the phrase “caused an event to occur” a broader application than defendants contend for. While the Phillips case was an action in tort, and the precise question was not presented and passed upon, the Arizona court did indicate that the rule should be given broad application. In disussing the interpretation of the rule, the Arizona court said (100 Ariz. 254, 413 P. [2d] 733):

“The question presented is whether these facts will allow our trial court to exercise in personam jurisdiction over the defendant. Rule 4 [423]*423(e) (2) allows Arizona courts to acquire personal jurisdiction over a nonresident defendant who ‘has caused an event to occur in this state out of which the claim which is the subject of the complaint arose.’ The constitutionality of the rule has been upheld in Heat Pump Equipment Co. v. Glen Alden Corp., 93 Ariz. 361, 380 P. 2d 1016. The choice of the general language quoted above is intended to give Arizona residents the maximum privileges permitted by the Constitution of the United States. State Bar Committee Note following Rule 4(e)(1). Hence, we must discover the limits of personal jurisdiction constitutionally allowed, then decide whether the case before us falls within those limits.”

The constitutionality of the Arizona rule was upheld in Executive Properties, Inc. v. Sherman (D. Ariz.) 223 F. Supp. 1011. In that case the court commented on an Illinois statute similar in its provisions to Minn. St. 543.19, subd. 1, and said (223 F. Supp. 1016):

“The scope and procedural effect of this statute and Rule 4 are identical.

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Bluebook (online)
168 N.W.2d 498, 283 Minn. 419, 1969 Minn. LEXIS 1169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/western-savings-loan-assn-v-harris-minn-1969.