From our private database of 30,900+ case briefs...
Auten v. Auten
New York Court of Appeals
308 N.Y. 155, 124 N.E.2d 99 (1954)
Margarite Auten (plaintiff) and Harold Auten (defendant) were married in England and lived there for several years with their children. Harold abandoned Margarite, obtained a divorce in Mexico without her involvement, and ultimately moved to New York. Margarite came to New York and entered into a separation agreement with Harold requiring him to make monthly payments for the support of Margarite and their children, with the payments to be made in English pounds. The support payments were to be made through a trustee located in New York. The separation agreement further provided that neither party would file suit against the other with regard to the separation. After the separation agreement was executed, Margarite returned to England, where she continued to live with the children. After Margarite’s return to England, Harold stopped making payments. Margarite filed an action in England seeking separation and obtained alimony pending litigation, but she never litigated the matter to conclusion. Years later, Margarite filed an action in New York seeking to recover arrearages under the separation agreement. Harold argued that Margarite’s commencement of the action in England was a repudiation of the separation agreement. The lower courts, applying New York law, held that Margarite had repudiated the separation agreement by filing the action in England, and they dismissed her complaint.
Rule of Law
Holding and Reasoning (Fuld, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 554,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 554,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 30,900 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.