Ingram Contractors, Inc. v. Rowley
| Decision Date | 13 June 1978 |
| Docket Number | No. 9202,9202 |
| Citation | 360 So.2d 593 |
| Parties | INGRAM CONTRACTORS, INC. v. H. L. ROWLEY. |
| Court | Court of Appeal of Louisiana — District of US |
Monroe & Lemann, Benjamin R. Slater, Jr., William J. Hamlin and Benjamin R. Slater, III, New Orleans, for plaintiff-appellant.
Richard S. McBride, Jr., New Orleans, for defendant-appellee.
Before LEMMON, GULOTTA and BOUTALL, JJ.
Plaintiff has appealed from a judgment dismissing its suit on a promissory note on an exception to the jurisdiction over the person.
Prior to 1968 H. L. Rowley, maker of the note, was a resident of Louisiana and was president of H. L. Rowley, Inc. (HLR, Inc.), a Louisiana corporation whose entire stock was owned by Rowley, his wife and their child. In August, 1967 HLR, Inc. employed plaintiff, also a Louisiana corporation, to perform dredging services on land in Louisiana leased to HLR, Inc. An invoice for these services was rendered the following month.
HLR, Inc. ultimately went out of business, and in April, 1968 Rowley moved to Mississippi. Because of his personal friendship with the officers of plaintiff corporation, Rowley thereafter agreed to furnish a promissory note making himself personally liable for the corporate debt, and further agreed to pay the interest periodically and to pay the principal as soon as he was financially able to do so. He executed the note in January, 1969, at which time he was still a resident of Mississippi, and mailed the note from Mississippi to plaintiff in Louisiana. He made three interest payments thereafter, the last on January 21, 1971, but was unable to make any further payments.
In the fall of 1970 Rowley moved back to New Orleans "temporarily", then returned to Mississippi until 1975, when he moved to Ohio. This suit was filed in February, 1975, and service by certified mail was obtained in Ohio pursuant to R.S. 13:3201 et seq., the long-arm statute.
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Ingram Contractors v. Rowley
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