GRAY vs.

GRAY
87 N.H. 82, 1934

FACTS:
The husband and wife (Mr. and Mrs. Gray) are domiciled in New Hampshire, a state
which permits the wife to sue the husband for personal injuries caused by the
husband's negligence.
While a passenger in an automobile driven by the husband in Maine, the wife was
injured as a result of the husband's negligence.
Under Maine law spouses are barred from maintaining an action against each other.
Thus Mrs. Gray sued Mr. Gray in New Hampshire.

ISSUE:
1. Whether or not Mrs. Gray can sue Mr. Gray.

HELD:
1. NO.
• Rule: conflict between the lex loci and the lex fori – lex loci
governs, as regards the legal effect and the incident of acts
o Therefore: whatever would be a defense to this action if it had been brought in
Maine is a defense here (New Hampshire), EXCEPT IF: the cause of action had arisen
in this (New Hampshire) state.
• Mrs. Gray’s argument:
o Only reason: a recovery could not be had in Maine is the spousal relation
between her and Mr. Gray.
o Since they are residents of New Hampshire, where no such prohibition exists,
she could sue in New Hampshire.