On appeal from the Passaic District Court.
For the appellants, Patlen & Amlicke (Aaron Heller, of counsel).
For the respondent, Feder & Rinzler.
Before Justices Parker, Lloyd and Perskie.
The opinion of the court was delivered by
LLOYD, J. The action in the Passaic District Court was by the plaintiff, Louratte Glinsky, widow of Louis Glinsky,
deceased, to recover from Glinsky's sister, Bella Sennert, one of the defendants, the proceeds of a policy of insurance on Louis Glinsky's life which had been paid to the sister by the Metropolitan Life Insurance Company.
The case was heard by the judge of the District Court without a jury and resulted in a judgment in favor of the plaintiff. Defendant appeals.
It was contended by the plaintiff in the trial court that the change of beneficiary at the instance of the defendant was made by the company without Glinsky's authorization. The defendant contended to the contrary and also that even were the change of beneficiary not justified, the payment to her was valid and irrecoverable under so much of a clause in the policy which provided that the company "may make any payment * * * any relative by blood * * * of the insured, or to any other person appearing to said company to be equitably entitled to the same by reason of having incurred expense on behalf of the insured, or for his or her burial; and the production of a receipt signed by either of said persons, or of other proof of such payment * * * shall be conclusive evidence that all claims under this policy have been satisfied," and further that the plaintiff suing as an individual was without interest in the fund, and without right of action.
The action was originally against both the company and Bella Sennert and her husband, but abandoned as against the company on the trial.
Motions for nonsuit and for the direction of a verdict in favor of the defendants were made and denied, and it is this action of the trial court that appellant contends was erroneous.
Taking up first the plaintiff's status: The original policy was in favor of the executor or administrator and as plaintiff at the time of bringing the action was neither executor or administrator she could not maintain the action. We are handed by the respondent, however, what purports to be certified copies of letters of administration granted to the respondent in April of the present year and we are asked if this ground of ...