216 A.D. 100 | N.Y. App. Div. | 1926
The defendant Ruby H. Tallmadge lived with her husband, Carl E. Tallmadge, in the city of New England
Where a life insurance policy is assigned, the validity of the assignment is to be determined by the law of the place where it is made. (Barry v. Equitable Life Assurance Society, 59 N. Y. 587; Miller v. Campbell, 140 id. 457; Spencer v. Myers, 150 id. 269; 34 L. R. A. 175, note.) In the Miller case the policy was
In the absence of proof to the contrary the common law of the State of New York, as declared by its courts, is presumed to be the common law obtaining in the State of North Dakota. (International Text Book Co. v. Connelly, 206 N. Y. 188.) It has been held by the courts of this State that, where a policy of insurance
The judgment should be modified to provide accordingly, and as modified affirmed, with costs.
Judgment modified in accordance with the opinion, and as modified unanimously affirmed, with costs. Order to be settled before H. T. Kellogg, J.