Boruszweski v. Middlesex Mutual Assurance Co.

This is an action on a policy insuring the plaintiffs against loss by fire upon a dwelling house and barn and certain personal property contained therein. The defence is that the plaintiffs never have rendered the sworn statement in writing called for by the policy, which is in the form prescribed by R. L. c. 118, § 60. The plaintiffs’ contention is that this has been waived by the defendant, and that they proved a custom making it unnecessary. The case is here on a report by the presiding judge, who directed the jury to return a verdict for the defendant.

The facts relied on by the plaintiffs…