Plastileather Corp. v. Aetna Casualty & Surety Co.

In this action of contract the plaintiff sought recovery under a marine insurance policy issued by the defendant for damage to a shipment of seventy-six bales of goatskins from Germany to Haverhill. The case was referred to an auditor. After the auditor’s report was filed, the parties waived their right to trial by jury and their right to introduce testimony other than the report. The judge found for the defendant, and the plaintiff appealed under G. L. c. 231, § 96.

*357The record nowhere indicates that the auditor’s findings of fact were to be final, either by the terms of the order of reference…