Reports of Cases Determined in the Supreme Court of New Brunswick ... Commencing Michaelmas Term, 1825 ..
Reports of Cases Determined in the Supreme Court of New Brunswick ... Commencing Michaelmas Term, 1825 ..
New Brunswick. Supreme Court
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894. (8) Bior. 872. (5) 18 a &, N. & 278. (S)IUd, iU. (4)6£3L^82a (8) M. AM. 9a Digitized by VjOOQiC 376 NEW BRUNSWICK REPORTS. [vOL. 1886. therefore this does not come within the policy. The Court Hammohd should construe the condition against the company, as it is at The OtnzBKs ™^*' ambiguous. I contend ako there was no " storage " as it Ivs. Co. was kept for retail sale. Wood on Insurance, 149. As to putting in proof of claim : FlaintiflT applied for proofs within 15 days, to Cory, and under... Cory's instruction tele- graphed to head office for them. This he was compelled to do a second time before he received them. [Palmer, J. Does it appear that the not forwarding of the proofs invalidates the policy ?] It does not — it only suspends the remedy. Time would not run against the plaintiff so long as he was prevented from filing by the acts of the company. Hutchinson v. Niagara Mv4;ual Fire Ins, Co. (1). After 60 days from arbitration or proof of claims put in, further examination cannot be required.
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