Page:Federal Reporter, 1st Series, Volume 5.djvu/594

582 FBDEBaii aEPOBTEB. �Smith v. Mutual Life Insubanob Co. of New Yobk. (Oiremt Cowt,D. Massachusetts. January 27, 1881.) �1. POBEIGN iKStmANCE COMPANIES— LawS GoVBBNmO PoLICIES. �Policies of Insurance issued by foreign companies doing business in Massachusetts, under the laws thereof, to citlzens of Massachusetts, are gorerned by the laws of the states where' the companies were incorporated, and where the con tracts were to be perf ormed. �2. Sam» — Non-Fokfbituke Law— Massachusetts 8t. 1861, c. 186. �The non-forfeiture law of the state of Massachusetts (8t. 1861, e. 186) is not made applicable to the policies of foreign Insurance com- panies by the act of 1872, c. 325.— [Ed. �W. F. e W. S. Slocum, for plaintiff, �Dwight Foster, for defendant. �Nelson, D. J. This suit was originally brought in the supericr court of Massachusetts, and was removed to this court by the defendant. It is an action upon a policy of insuranee for $3,000, issued by the defendant corporation, May 18, 1874, upon the life of Arthur R. Smith, and payable at the office of the company, in the city of New York, to his Personal representatives, in 60 days after notice and proof of the death of the assured. The case is submitted to the court upon a statement of facts agreed upon by the parties. The plaintiff is the widow of the assured, and bas become the purchaser of the policy from the administrator of her hus- band; and, as assignee of the policy, brings this action under the Massachusetts Statute of 1878, c. 158, which authorizes purchasers of claims sold by an executer or administrator, under license of the probate court, to sue therefor in their own names. The defendant corporation is a life insuranee company, incorporated by the laws of the state of New York, having its usual place of business in the city of New York, and bas been duly authorized to do business in the state of Massachusetts, under the laws thereof. Its business here is conducted by a general and subagents, who have received certificates from the insuranee commissioner, authorizing them to transact its business within the state. The applica- tion of the assured, a citizen of Massachusetts, was made ����