Jim v. CIT Financial Services Corp.
| Decision Date | 11 April 1975 |
| Docket Number | No. 10200,10200 |
| Parties | , 16 UCC Rep.Serv. 1121 Allen JIM, Petitioner, v. CIT FINANCIAL SERVICES CORPORATION, Respondent. |
| Court | New Mexico Supreme Court |
Appellant (Jim) is an enrolled member of the Navajo Nation residing on the Navajo Reservation in San Juan County, New Mexico. Mr. Jim purchased a pickup truck in Farmington, New Mexico and defendant-appellee (CIT) financed the purchase. Thereafter, Jim defaulted by failing to make payments as required under the contract. Two agents of CIT came upon the Navajo Reservation and, without the written consent of Jim, repossessed the pickup. CIT filed no replevin or other action in the Navajo Tribal Court. Subsequently, Jim filed suit in the District Court of San Juan County based on §§ 307 and 309 in Title 7 of the Navajo Tribal Code. Section 307 states the procedures for repossessing 'personal property' of Navajo Indians situated on tribal lands, viz.: written consent of the Navajo at the time repossession of sought or by order of the tribal court 'in an appropriate legal proceeding.' Jim alleged CIT violated § 307 and sought a minimum civil judgment under § 309 of the Tribal Code of 'an amount not less than the credit service charge plus ten percent (10%) of the principal amount of the debt or the time price differential plus ten percent (10%) of the cash price.' He argued the pickup was used for 'personal purposes' thus bringing it within § 309's definition of 'consumer goods' and entitling him to the minimum recovery. CIT answered and, as its first defense, alleged the complaint failed to state a claim for which relief could be granted. See § 21--1--1(12)(b)(6) N.M.S.A.1953. This was apparently based on the theory that New Mexico laws applied and, under the Uniform Commercial Code, § 50A--9--503, N.M.S.A.1953 (hereinafter § 9--503), CIT had the right to self-help repossession if done without breach of the peace. The district court, treating the defense as a motion to dismiss, sustained CIT's claim and dismissed the case with prejudice. Mr. Jim appealed.
A majority of the sitting panel of the Court of Appeals affirmed the district court but were unable to agree upon any single basis for that action. Jim v. CIT Financial Services Corporation, 86 N.M. 784, 527 P.2d 1222 (Ct.App.1974). Since no precedent was created on the important legal issues involved, we granted certiorari, considering them to be of substantial public interest. See Rule 28, Rules Governing Appeals, § 21--12--28, N.M.S.A.1953 (1974 Interim Supp.).
We reject and disapprove the opinion of Judge Hendley and the specially concurring opinion of Judge Lopez. We agree with the dissenting opinion of Judge Hernandez insofar as he held that the laws of the Navajo Tribe of Indians are entitled by Federal Law, 28 U.S.C. § 1738, to full faith and credit in the courts of New Mexico because the Navajo Nation is a 'territory' within the meaning of that statute. Cf. Mackey et al. v. Coxe, 59 U.S. (18 How.) 100, 15 L.Ed. 299 (1855); Americana of Puerto Rico, Inc. v. Kaplus,368 F.2d 431 (3rd Cir. 1966). We do not however agree with the result reached by Judge Hernandez.
The parties agree, however, that full faith and credit is 'not an inexorable and unqualified command.' Pink v. A.A.A. Highway Express, Inc.,314 U.S. 201, 210, 62 S.Ct. 241, 246, 86 L.Ed. 152 (1941). This is especially true where, as in this case, a foreign legislative enactment or statute is sought to be enforced in the forum state. A forum state need not subordinate its own statutory policy to a conflicting public act of another state. Hughes v. Fetter, 341 U.S. 609, 71 S.Ct. 980, 95 L.Ed. 1212 (1951).
So the real issue in this case involves a conflicts choice of law.
It is fundamental that a valid contract between parties governs their rights and duties. The parties here were competent and free to make a choice, inter se, of the law which governs the performance and enforcement of the contractual arrangements which apparently exist between them. This freedom of choice is explicitly recognized in § 1--105 of the U.C.C.:
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