Mertz v. Mertz
Court of Appeals of New York
3 N.E.2d 597 (1936)
Relevant factsFree
Emmy Mertz (plaintiff) and her husband Fred Mertz (defendant), both New York residents, were in a car accident in Connecticut; Emmy sued Fred in New York for injuries caused by his negligence. Under New York's common law, a wife could not sue her husband for personal injury caused by his negligence, but Connecticut had abolished that rule and allowed such suits. The trial court dismissed Emmy's suit, applying New York law; an appellate court affirmed, and Emmy argued Connecticut law should govern instead.
IssueFree
Whether a resident of the forum state may enforce a foreign cause of action when the forum state explicitly denies a remedy for the alleged misconduct.