Gubitosi v. Buddy Schoellkopf Products, Inc – Case Brief Summary (Texas)

In Gubitosi v. Buddy Schoellkopf Products, Inc., 545 S.W.2d 528 (Tex. Civ. App.--Tyler 1976, no writ), a New York guarantor was subject to suit in Texas. Gubitosi was a resident of New York and president of a New York corporation. Id. at 531.

He had no offices in Texas and had never even been to Texas. Id.

To induce a Texas corporation to enter into a note agreement with his New York corporation, Gubitosi executed guaranty agreements that made him individually liable for his corporation's promissory notes. Id. at 532.

Gubitosi's employee mailed the guaranty agreements and the notes from New York to Dallas, Texas. Gubitosi, 545 S.W.2d at 534.

The notes specifically provided for payments to Dallas, Texas. Id.

Although the guaranty agreements did not designate a place of payment, the court held that by implication, the guaranty agreements likewise provided for payment to Dallas, Texas. Id.

The contacts were sufficient to satisfy the due process minimum contacts test. Gubitosi, 545 S.W.2d at 532.