Legal Opinion
Auten v. Auten
New York Court of Appeals
Decided December 31, 1954PublishedCited by 396 opinions
1Opinion of the CourtFuld, J.
In this action to recover installments allegedly due for support and maintenance under a separation agreement executed in this state in 1933, the wife’s complaint has been dismissed, on motion for summary judgment, upon the ground that her institution of an action for separation in England constituted a repudiation and a rescission of the agreement under New York law. Determination of the appeal, involving as it does a question of conflict of laws, requires examination of the facts disclosed by the papers before us.
Married in England in 1917, Mr. and Mrs. Auten continued to live there with…
2Cases cited19 opinions
- Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947
- Swift & Co. v. Bankers Trust Co.New York Court of Appeals · 1939
- Rubin v. Irving Trust Co.New York Court of Appeals · 1953
- W. H. Barber Co. v. HughesIndiana Supreme Court · 1945
- Union National Bank of Chicago v. ChapmanNew York Court of Appeals · 1902
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3Cited by396 opinions
- Babcock v. JacksonNew York Court of Appeals · 1963
- Griffith v. United Air Lines, Inc.Supreme Court of Pennsylvania · 1964
- Lipsky v. Commonwealth United Corp.Court of Appeals for the Second Circuit · 1976
- Matter of Allstate Ins. Co.(stolarz-Njm)New York Court of Appeals · 1993
- Intercontinental Planning, Ltd. v. Daystrom Inc.New York Court of Appeals · 1969
391 more not listed; retrieve them via the Exa API.