
    Mary A. Huestis, Administratrix, etc., Appellant, v. Prudential Life Insurance Company of America and Another.
    
      Insurance—action by administrator on policy—paper not constituting an assignment — effect of failure to deliver.
    
    Appeal from a judgment of the Municipal Court of the city of New York in favor of the defendant, rendered upon a decision of a justice after .a trial without a jury. The action is by the administrator' of William H. Huestis to recover $500 on a policy of insurance for that amount cm the life of the deceased, issued by the Prudential Insurance Company. The company had Matthew Wood, as receiver of Prank Henderson, impleaded, and paid the money into court. The claim of Wood was that the deceased assigned the policy to Henderson. Judgment was rendered for the impleaded defendant.
   Gaynor, J.:

Judgment should have been given for the plaintiff; for there was no evidence to support the claim of the impleaded defendant, the receiver of Henderson, that the policy was assigned to Henderson by the deceaseil. The policy is by its terms payable to the “executors, administrators or assigns of the insured”. The paper produced to prove the assignment was found in the desk of the deceased after his death. There was no evidence that it or the policy was ever delivered to Henderson. Nor was it an assignment of the policy; it was only a direction of the deceased to the insurance company to pay the amount of the policy to Henderson if he should survive him. The judgment should be reversed. Woodward, Jenks, Hooker and Miller, JJ., concurred. Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event.  