1. Insurance — Conflict of Laws — What Law Governs.

Where an application to a New York life insurance company for a policy is made in another state, where also the advance premium is paid to the company’s agent to be forwarded to the company, under an agreement that the insurance is not to take effect unless the premium is accepted and the risk approved in New York, and, by the terms of the policy issued, all premiums and the policy itself are payable in New York, and proof of death is to be there made, the policy is a New York contract, and the rights of the parties thereunder are governed by the statutes of New York, there being no statute in the other state affecting the rights of the parties.

2. Same — Forfeitures—Statutory Provisions.

The statute of New York (Laws 1877, c. 321) prescribing the condition upon which a policy of life insurance may be forfeited for the nonpayinent of a premium is mandatory, and its provisions are not subject to be set aside or waived either by the company or the assured, or by both together.

8. Abatement and Revival — Death of Party — Substitution of Executor— Pleading.

Upon suggestion to the court of the death of a plaintiff, where the cause of action survives, the executor or administrator may, upon motion, be substituted as plaintiff, and permitted to prosecute the action, without filing any supplemental pleading showing the transfer of the cause of action. Rev. St. § 955.

4. Interest on Verdict — Motion for New Trial.

A verdict for plaintiff was returned and entered on January 16th, for $8,318. A motion for a new trial having been interposed by defendant, judgment was not entered until January 29th, to which date interest was computed and included, bringing the total to $8,333. Beld, that this involved no error.