Di Fruscio v. New Amsterdam Casualty Co.

1. The claim of the plaintiffs under G. L. c. 149, § 29, was a sworn statement within the statute. The statute provides that in order “to obtain the benefit of such security the claimant shall file ... a sworn statement of his claim prior to the expiration of ninety days after the claimant ceases to perform labor or furnish labor, materials . . .. ” The master found that when Di Fruscio for the claiming partnership swore to the claim before a notary, as evidenced by the jurat attached to the claim, he had not signed in the space provided but he had already signed his name in the blank…