Opinion
No. 28,133.
Filed November 9, 1945.
1. COURTS — Transfer of Causes — Appellate Court to Supreme Court — Rights Guaranteed by Federal Constitution Involved. — Where an appeal presents a question of rights guaranteed by the Federal Constitution it will be transferred from the Appellate Court, wherein it was filed, to the Supreme Court. p. 592.
2. APPEAL — Presumptions — Value for Cognovit Note Given in Ohio — Presumption in Aid of Judgment. — Where, on appeal from a judgment enforcing an Ohio judgment taken pursuant to a cognovit contained in a note, the record was silent as to where value was given for the note but disclosed that it was signed and delivered in Ohio where it may have remained until judgment was taken thereon in an Ohio court, it could be assumed in aid of the judgment that value was given in Ohio. p. 593.
3. BILLS AND NOTES — Cognovit Provision — Execution in Ohio — Note Valid — Judgment Given Effect. — A note which was dated and signed in Ohio by a resident of that state and delivered to an Ohio agent of an Indiana corporate payee for value presumably given in Ohio must be deemed to have been executed in Ohio, notwithstanding the fact that it was payable in Indiana, and hence a valid Ohio judgment taken pursuant to the cognovit therein must be given full faith and credit in Indiana. p. 593.
From the Allen Superior Court; Edward W. Myers, Judge.
Action by the P. H. Supply Company against Erma Spahr on an Ohio judgment. From a judgment for plaintiff, defendant appealed. (Transferred from the Appellate Court under § 4-217, Burns' 1933.)
Affirmed.
Eggeman, Reed Cleland and Martin P. Torborg, all of Fort Wayne, for appellant.
Heaton, Shiffer McClain, of Fort Wayne, for appellee.
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 1. 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.
Appellee is an Indiana corporation with offices at Ft. Wayne, Indiana. Appellant, when the note was executed and the judgment taken in Ohio, was a resident of that 2, 3. 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 the 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.