Traflet v. Empire Life Insurance
Supreme Court of New Jersey
On case reserved at the Essex Circuit. This suit is brought upon a policy of insurance. The Empire Life Insurance Company, a corporation created by and having its place of business in the State of New York, issued a life policy to Emil C. Traflet, of Yonkers, New York, dated May 8th, 1896, in the sum of $1,000, payable at the home office of the company, in the city and State of New York.
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On case reserved at the Essex Circuit. This suit is brought upon a policy of insurance. The Empire Life Insurance Company, a corporation created by and having its place of business in the State of New York, issued a life policy to Emil C. Traflet, of Yonkers, New York, dated May 8th, 1896, in the sum of $1,000, payable at the home office of the company, in the city and State of New York. The policy was made payable to the executors, administrators or assigns of the said Emil C. Traflet, the insured. The act of the State of New York, under which the defendant was organized, provides, among…
1Opinion of the Court
The opinion of the court was delivered by
Depue, J.
The policy of insurance was a contract made in the State .of Hew York. The amount due on this policy was, at the time of the death of the deceased, an asset of his estate in the State of Hew York. The letters of administration issued by the surrogate in Hew York were duly issued. Whether they are considered as original letters of administration or administration ancillary to the primary administration in this state is of no importance. Having been issued by competent authority in that state, the defendant could not challenge the right, of the…
2Cases cited1 opinion
- Sulz v. Mutual Reserve Fund Life Ass'nNew York Court of Appeals · 1895
3Cited by2 opinions
- Bree v. JalbertNew Jersey Superior Court Appellate Division · 1965
- Martinez v. W. G. Fritz Co.Pennsylvania Court of Common Pleas · 1933