360 Mass. 849 | Mass. | 1971
This is an appeal from an order sustaining a demurrer to a declaration in an action of contract and tort. G. L. c. 231, § 96. The declaration is in three counts. The first count alleges that the plaintiff insured the defendant against loss or damage to his automobile by theft; that the automobile was stolen from the defendant and never returned; that the defendant filed a notice and sworn statement of loss with the plaintiff as required
So ordered.