Logourl black
From our private database of 14,200+ case briefs...

Mertz v. Mertz

Court of Appeals of New York
3 N.E.2d 597 (1936)


Facts

Emmy Mertz (plaintiff) and her husband, Fred Mertz (defendant), New York residents, were in a car accident in Connecticut. Alleging negligence, Emmy sued Fred in a New York court for injuries she sustained. Following the common law, New York did not permit a wife to sue her husband for personal injury caused by his negligence. Connecticut, on the other hand, had abolished that common law rule so as to allow such suits. The trial court dismissed Emmy’s suit; an appellate court affirmed. Arguing that Connecticut law should apply, Emmy appealed to the Court of Appeals of New York.

Rule of Law

Issue

Holding and Reasoning (Lehman, J.)

Dissent (Crouch, J.)

What to do next…

  1. 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 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. 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. Read more about Quimbee.

Here's why 237,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 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.