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Auten v. Auten | 308 N.Y. 155, 124 N.E.2d 99 (1954)

What law governs in a contract case with multijurisdictional contacts? We explore that question in Auten versus Auten.

Margarite and Harold Auten were both British subjects. They married in England and remained there, having two children. Approximately fourteen years later, Harold abandoned the family and moved to the United States. He purportedly obtained a divorce and married another woman. Margarite subsequently traveled to New York to meet with Harold. While she was there, the parties entered into a separation agreement. That agreement obligated Harold to pay money to a trustee in New York, who would, in turn, disperse the money to Margarite. The agreement prohibited Margarite from suing Harold in connection with the couple’s separation.

Margarite then promptly returned to England, where she continued to live with the children. Harold failed to make payments as promised. Margarite’s English attorney advised that the only way she could collect the money that Harold owed under the separation agreement was to file suit in England. Therefore, Margarite filed a petition for separation in England based on Harold’s adultery. The English court ordered Harold to pay alimony pending litigation, but the matter never proceeded to trial.

Margarite subsequently sued Harold in New York state court to recover amounts owed under the separation agreement. Harold admitted that he’d entered into the separation agreement, but he argued that Margarite had repudiated the agreement when she filed suit in England. The trial court found that New York law governed and entered summary judgment in Harold’s favor. The appellate division agreed that New York law applied and held that Margarite was barred from recovering any amounts owed under the separation agreement that accrued after commencement of the English action. Margarite appealed to the New York Court of Appeals.

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