161,  sec.  56,  which  provides  that,  in  case  of  loss  or  damage  the  member  shall
give  notice  to  the  secretary  forthwith,  and  the  proofs,  declarations,  evidence,
and  examinations,  called  for  by  or  under  the  policy,  must  be  furnished  to
the  company  within  thirty  days  after  said  loss,  and  upon  receipt  of  notice
and  proof  of  claim  as  aforesaid,  the  board  of  directors  shall  ascertain  and
determine  the  amount  of  such  loss  or  damage,  and  such  amount  shall  be
payable  in  three  months  after  receipt  by  the  company  of  such  proofs.  A
fire  occurred  on  the  21st  May,  1877.  On  the  next  morning  J.  F.  advised  the
insurance  company  by  telegraph.  On  the  29th  June,  1877,  the  secretary
of  the  Company  wrote  to  J.  F's.  attorneys,  that  if  he  had  any  claim  he  had
better  send  in  the  papers,  so  that  they  might  be  submitted  to  the  board.  On
the  3rd  July.  1877,  J.  F.  furnished  the  company  with  the  claim  papers,  or
proofs  of  loss,  and  the  13th  July  he  was  advised  that,  after  an  examination
of  the  papers  at  the  board  meeting,  it  was  resolved  that  the  claim  should
not  be  paid.  On  the  23rd  of  August,  1877,  J.  F.  brought  this  action  upon
the  policy.  The  appellants  pleaded  inter  alia  that  the  policy  was  made  and
issued  subject  to  a  condition,  that  the  loss  should  not  be  payable  until  three
months  after  the  receipt  by  the  defendants  of  the  proofs  of  such  loss,  to  be
furnished  by  the  plaintiff  to  the  defendants ;  and  averred  the  delivery  of  the
proofs  on  the  3rd  July,  1877,  and  that  less  than  three  months  elapsed  before
the  commencement  of  this  suit.
