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Haag v. Barnes

New York Court of Appeals
9 N.Y.2d 554, 216 N.Y.S.2d 65, 175 N.E.2d 441 (1961)


Facts

Dorothy Haag (plaintiff) claimed that Norman Barnes (defendant) was the father of her child. Haag claimed that the child had been conceived during a business trip to New York. The child was born in Illinois. Thereafter, the parties entered into an agreement in Illinois in which Barnes agreed to pay $275 per month to support Haag and the child. At the time of the agreement, Haag and Barnes both resided in Illinois. The agreement was drafted in Illinois, by Illinois attorneys, identified Illinois residents as agents to act on behalf of the parties, was executed in Illinois, and provided that it would be governed by Illinois law. Ultimately, Haag and the child moved to New York. Barnes continued to reside in Illinois and made payments pursuant to the agreement in Illinois. Although Barnes had, to that point, paid far more to Haag than he was required to under the agreement, Haag filed suit in New York state court seeking child support. The trial court granted Barnes’s motion to dismiss the complaint, and the appellate division affirmed.

Rule of Law

Issue

Holding and Reasoning (Fuld, J.)

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