Milton Ice Co. v. Travelers Indemnity Co.

This is an action of contract upon a policy of burglary insurance issued by the defendant to the plain*720tiff. The case was tried to a judge of the Superior Court, who made detailed findings of fact and found for the plaintiff.

One of the conditions of the policy was that “Affirmative proof of loss under oath in such detail as required by and upon such forms as are provided by the company shall be furnished to the company within sixty days from the date of the discovery of the loss.” The loss was discovered on the morning of December 30, 1943. The judge found, as he was obliged to on the…