DI FRUSCIO v. NEW AMSTERDAM CASUALTY CO.


353 Mass. 360 (1967)

231 N.E.2d 560

LOUIS Di FRUSCIO & another vs. NEW AMSTERDAM CASUALTY COMPANY & another.

Supreme Judicial Court of Massachusetts, Suffolk.

December 4, 1967.


Attorney(s) appearing for the Case

Vincent Galvin for New Amsterdam Casualty Company.

Joseph J. Hurley for the plaintiffs.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, SPIEGEL, & REARDON, JJ.


WHITTEMORE, J.

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 DiFruscio for the claiming partnership swore to the claim before a notary,...

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