Macpherson v. Taglione, 2
| Court | Court of Appeals of Arizona |
| Writing for the Court | HOWARD; LACAGNINA, C.J., and HATHAWAY |
| Citation | 158 Ariz. 309,762 P.2d 596 |
| Parties | Carl D. MACPHERSON, Plaintiff/Appellant, v. Paul TAGLIONE, Defendant/Appellee. 88-0046. |
| Docket Number | CA-CV,No. 2,2 |
| Decision Date | 31 May 1988 |
Page 596
v.
Paul TAGLIONE, Defendant/Appellee.
Division 2, Department A.
Review Denied Oct. 25, 1988.
Page 597
[158 Ariz. 310] Carl D. MacPherson, P.C. by Carl D. MacPherson, Tucson, pro se.
Molloy, Jones & Donahue, P.C. by D. Michael Mandig and George O. Krauja, Tucson, for defendant/appellee.
HOWARD, Presiding Judge.
This is an appeal from the granting of a motion to dismiss for lack of personal jurisdiction. Appellant sued New England Rare Coin Galleries (New England Coin), a Massachusetts corporation, and Paul Taglione and Jane Doe Taglione, husband and wife, in the Pima County Superior Court for fraud and breach of contract in the sale to him of certain silver and gold coins. Appellant alleged that the "Certificates of Guarantee Grading and Authenticity" signed by Paul F. Taglione, as the chairman of the Numismatic Committee of New England Coin were false and misrepresented the true grade of the coins, which were in fact inferior to the grade stated in the certificates, and that New England Coin and the appellees refused to honor the guarantee contained in the certificate.
Page 598
[158 Ariz. 311] The Tagliones were served with process in Massachusetts and filed a motion to dismiss for lack of personal jurisdiction pursuant to Rule 12(b)(2), Rules of Civil Procedure, 16 A.R.S. The affidavit and deposition of the appellant reveal the following. Appellant was a resident of Arizona. He first became acquainted with the name of New England Coin when in April or early May of 1984 he received a telephone call at his residence in Tucson from Ed Finacarrio, who described himself as an account executive for the company. At that time Finacarrio informed him that New England Coin was in the business of selling and purchasing rare coins and described Paul Taglione as president of the company and their top coin grader. Appellant informed Finacarrio that he had called at a bad time because he was just about to leave for a summer vacation in Michigan, but if Finacarrio wanted to contact him and talk to him to a greater extent he could call him at his son's summer cottage in Michigan.
Appellant was subsequently contacted by Finacarrio in Michigan in June 1984. Finacarrio told him that a Certificate of Guaranteed Grading and Authenticity was provided for all coins, and that this guarantee was signed by the chairman of the Numismatic Committee, Paul Taglione. While he was in Michigan, appellant agreed to purchase the coins, all of which were subsequently delivered to his residence in Tucson. However, two of the Certificates of Guaranteed Grading and Authenticity were sent to his son's address in Michigan. The third was sent with the coins to Tucson. In purchasing the coins, the appellant relied upon the Certificates of Guaranteed Grading and Authenticity, which were signed by Paul Taglione in his capacity as president and chairman of the Numismatic Committee of New England Coin Galleries.
The affidavit of Paul Taglione which was filed in this case is as follows:
"PAUL F. TAGLIONE, being first duly sworn upon his oath, deposes and says as follows:
1. I am a resident of the State of...
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