Giger v. District Court for Summit County, 26869
| Decision Date | 08 September 1975 |
| Docket Number | No. 26869,26869 |
| Citation | 189 Colo. 305,540 P.2d 329 |
| Parties | Emma Mae GIGER, Petitioner, v. DISTRICT COURT FOR the COUNTY OF SUMMIT, and the Honorable Charles R. Casey, District Judge of said Court, Respondents. |
| Court | Colorado Supreme Court |
Virginia R. Richard, Denver, for petitioner.
Alperstein, Plaut & Barnes, P.C., Frank Plaut, Lakewood, for respondents.
This original proceeding involves the question of whether a trial court can properly exercise In personam jurisdiction over a Missouri resident who executed a contract of guarantee pertaining to a lease of real property located in this state.
Although the pleadings in the trial court in this case involve rather complicated third-party practice, the issue and the facts we are concerned with here can be simply stated. Lois G. and Robert A. Theobald, as lessors, consented to the assignment of a lease of certain real property in Breckenridge, Colorado to Harold Giger. Part of the consideration for this consent was the written quarantee of Petitioner Emma Mae Giger. This contract of guarantee stated in part as follows:
'For value received I hereby guarantee the payment of the rent and the performance of the covenants and agreements in the aforesaid Lease in manner and form as in said Lease provided. . . .'
This written guarantee was prepared in Colorado and executed by Petitioner Emma Mae Giger in St. Louis, Missouri, where she resides. When litigation ensued between the Theobalds and Harold Giger as a third-party plaintiff, the Theobalds joined Petitioner Emma Mae Giger as an involuntary third-party plaintiff and obtained service of process on her in Missouri in accordance with Section 13--1--125, C.R.S. 1973. She resisted, and from the trial court ruling that personal jurisdiction existed, she petitioned this court for relief in the nature of prohibition against the exercise of personal jurisdiction over her by the respondent court.
We issued a rule to show cause why the relief sought by the petitioner should not be granted. The respondent court has now answered. For the reasons set forth herein, we now discharge the rule and hold that the trial court is properly exercising personal jurisdiction over this petitioner under the provisions of section 13--1--124, C.R.S. 1973, our long-arm statute.
In Van Schaack and Co. v. District Court, Colo., 538 P.2d 425, we were concerned with a similar issue. Van Schaack considered the issuance of a letter of credit by a Kansas bank in a transaction involving the sale of real property in Colorado. We therein held that the issuance of the letter of credit involved a substantial connection with this state and thus under our long-arm statute, personal jurisdiction over the Kansas bank was proper.
Applying the same analysis we utilized in Van Schaack to the facts here, it is apparent that personal jurisdiction over this petitioner exists. In executing the contract of guarantee, petitioner induced the Theobalds to furnish their consent, as lessors, for the assignment to Harold Giger of a lease of Colorado real property. Allegedly, the lessee, Harold Giger, subsequently violated the covenants and agreements of the lease, thus causing the lessors damages. In our view, the facts here amply justify long-arm jurisdiction over the person of this petitioner. Dwyer v. District Court, Colo., 532 P.2d 725 (1975). Petitioner urges that we follow the ruling in D.E.B. Adjustment Co. v. Dillard, 32 Colo.App. 184, 508 P.2d 420 (1973) in which personal jurisdiction was refused under facts similar to this case. However, in Van Schaack, we disapproved the D.E.B. Adjustment decision, and declined to follow it.
The rule is discharged.
...
To continue reading
Request your trial
-
Brownlow v. Aman
...use of real property located in Colorado demonstrate that the minimum contacts test is very relaxed. In Giger v. District Court for County of Summit, 189 Colo. 305, 540 P.2d 329 (1975), the court held that a resident of Missouri who executed in Missouri a written guarantee of rental payment......
-
Panos Inv. Co. v. District Court In and For Larimer County
...over that maker even though she signed the documents in Colorado and forwarded them to the bank by mail); Giger v. District Court, 189 Colo. 305, 540 P.2d 329 (1975) (Missouri resident's written guarantee of performance of covenants in lease of Colorado real property, given as part of consi......
-
Tucker v. Vista Financial Corp.
...544 P.2d 643 (1975), basing its decision on Van Schaack & Company v. District Court, Colo., 538 P.2d 425 (1975) and Giger v. District Court, Colo., 540 P.2d 329 (1975). We granted certiorari to consider whether there was an adequate jurisdictional basis for the California judgment. We agree......
-
Mr. Steak, Inc. v. District Court In and For Second Judicial Dist.
...constitutes sufficient contacts under the test and rule set forth by Van Schaack & Co. v. District Court, supra. In Giger v. District Court, Colo., 540 P.2d 329 (1975), we upheld in personam jurisdiction of an out-of-state resident who had guaranteed to a Colorado lessor lease payments on p......