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SMITH BEVERAGES, INC. v. METROPOLITAN CASUALTY INS. CO

337 Mass. 270 (1958)

149 N.E.2d 146

SMITH BEVERAGES, INC. vs. METROPOLITAN CASUALTY INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

April 7, 1958.

Attorney(s) appearing for the Case

Vincent R. Brogna, for the plaintiff.

Samuel P. Sears, (James R. DeGiacomo with him,) for the defendant.

Present: WILKINS, C.J., SPALDING, WILLIAMS, COUNIHAN, & CUTTER, JJ.

CUTTER, J.

This is an action of contract upon a burglary insurance policy issued by the defendant, dated September 26, 1950. The plaintiff seeks to recover for a loss by alleged burglary, on October 14 or 15, 1950, of liquors from the plaintiff's store in Revere. The policy provides that "[a]ffirmative proof of loss ... under oath ... 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...

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