Pacific Finance Corp. v. Ramsey, 3483
| Decision Date | 12 September 1957 |
| Docket Number | No. 3483,3483 |
| Citation | 305 S.W.2d 297 |
| Parties | PACIFIC FINANCE CORPORATION, Appellant, v. Robert F. RAMSEY, Appellee. |
| Court | Texas Court of Appeals |
Irion, Cain, Cocke & Magee, Henry E. Wise, Dallas, for appellant.
Witt, Terrell, Jones & Riley, O. F. Jones, III, Waco, for appellee.
This appeal is from an order overruling a plea of privilege, and involves Exception 27 of Article 1995 R.C.S. Parties will be referred to as in the Trial Court.
Plaintiff Ramsey brought this suit to recover for damages as the outgrowth of the harsh, unreasonable and malicious collection efforts employed by defendant's agents in connection with a loan defendant made to plaintiff on an automobile. Defendant filed its plea of privilege to be sued in Dallas County, the county of its residence and principal office. Plaintiff filed a controverting plea, alleging venue in McLennan County by virtue of Exceptions 27 and 9 of Article 1995, Vernon's Ann.Civ.St. art. 1995. Trial was before the court without a jury, which, after hearing, overruled defendant's plea of privilege. Defendant appeals, contending: (1) The Trial Court erred in overruling its plea of privilege for the reason that plaintiff did not establish that defendant corporation had an agent or representative in McLennan County. 2) The Trial Court erred in overruling defendant's plea of privilege because plaintiff did not introduce proof of his right to a trial in a cause of action against defendant in McLennan County. 3) The Trial Court erred in overruling defendant's motion to strike admissions filed by defendant for the reason that same were not introduced in evidence. (4) Plaintiff did not establish that a trespass had been committed in McLennan County.
Exception 27, Article 1995, R.C.S., provides:
'Foreign corporations * * * not incorporated by the laws of this State, and doing business within this State, may be sued in any county where the cause of action or a part thereof accrued, or in any county where such company may have an agency or representative * * *'.
As noted, trial was before the court without a jury, which after hearing overruled defendant's plea of privilege. The Trial Court, upon request of the defendant, filed Findings of Fact and Conclusions of Law, summarized as follows:
Findings of Fact
1) Plaintiff is a resident of McLennan County, Texas; defendant is a foreign corporation doing business in Texas.
2) The principal office of the defendant is located in Dallas, Texas; it maintains other offices throughout Texas.
3) The principal business of defendant is lending money, including discounting the commercial paper of automobile dealers.
4) The defendant operates in the field of consumer loans through a branch, division or subsidiary corporation, Pacific Finance Loans, which is a Texas corporation, and with which it maintains joint offices in Dallas, Texas.
5) Pacific Finance Loans has an office in Waco, Texas, where it conducts business.
6) On various occasions, acting on the request of Pacific Finance Corporation, Pacific Finance Loans has conducted the business of Pacific Finance Corporation in McLennan County, Texas.
7) Pacific Finance Loans presently stands ready to act in behalf of Pacific Finance Corporation in connection with any of the business of Pacific Finance Corporation which is referred to Pacific Finance Loans and when it is requested to so act.
8) The relationship between Pacific Finance Corporation and Pacific Finance Loans existed when this suit was filed.
9) Defendant requested Pacific Finance Loans to discuss with and dollect or attempt to collect on the note of the plaintiff owned by the defendant, which request Pacific Finance Loans fulfilled.
10) Plaintiff paid some of his payments on said note to defendant in Dallas, and some in Waco to the agents of defendant in Waco, McLennan County.
11) The relationship of Pacific Finance Corporation and Pacific Finance Loans existed by oral agreement and extended to Pacific Finance Loans' discretionary authority to act for Pacific Finance Corporation in dealing with the customers of Pacific Finance Corporation subject to the control and acceptance of Pacific Finance Corporation.
1) Defendant maintains an agency or representative within the meaning of Sec. 27, Article 1995, with discretionary powers for conducting the business of defendant, including the collection of money loaned in McLennan County, Texas.
2) On more than on occasion defendant has had more than one agent or...
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Hanover Ins. Co. v. Sanford
...venue under Exception 27. Andretta v. West, 318 S.W.2d 768, 771 (Texarkana Tex.Civ.App., 1958, error ref. n.r.e.); Pacific Finance Corporation v. Ramsey, 305 S.W.2d 297, 299 (Waco Tex.Civ.App., 1957, no writ); Southwestern Greyhound Lines v. Day, 238 S.W.2d 258 (Eastland Tex.Civ.App., 1951,......
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Mobil Oil Corp. v. Cook
...prove the existence of a cause of action against such foreign corporation or its alleged agent or representative. Pacific Finance Corp. v. Ramsey, 305 S.W.2d 297 (Tex.Civ.App.--Waco 1957, no writ); Hanover Insurance Company v. Sanford, Mobil Oil Corporation contends that Cook did not prove ......
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Pierce v. Ford Motor Company
...of purchasers of new Ford automobiles under their warranty. Appellant cites in support of that contention Pacific Finance Corporation v. Ramsey, Tex.Civ.App., 305 S.W.2d 297; Shamrock Oil & Gas Corporation v. Todd, Tex.Civ.App., 166 S.W.2d 766; Brazos River Transmission Electric Cooperative......
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Torrez v. Maryland Casualty Company
...case conflicts with Southwestern Greyhound Lines v. Day, Tex.Civ.App., 238 S.W.2d 258, no wr. hist., Pacific Finance Corporation v. Robert F. Ramsey, Tex.Civ.App., 305 S.W.2d 297, no wr. hist., Andretta v. West, Tex.Civ.App., 318 S.W.2d 768, wr. ref. n. r. e., and Kansas City Title Ins. Co.......