Page:Federal Reporter, 1st Series, Volume 10.djvu/361

GAUCHE V. LONDON & LAKCASHIRB INS. CO. 349 �These provisions are cumulative, and are to be construed together. Their meaning is that the assured's right of action shall not be exer- cised until there bas taken place both the delivery of satisfactory proofs and the passage of 60 days thereafter. The assured, therefore, oan in no case maintain an action until 60 days after he bas rendered preliminary proofs, -which either are to be deemed satisfactory because they are accepted by the insurers, or are satisfactory, whether accepted or rejected by the insurers, because they perform the promise con- tained in the contract. �The fire and loss occurred on January Ist. �Four papers, or sets of papers, were furnished to the defendants on behalf of the insured, as preliminary proofs, as follows : The first within a week after the fire ; the second on January 2eth ; the third on February llth; and the fourth on February 28th. �In response to the first proffer an oral statement was made that it ■was unsatisfactory. To the second a reply was given in writing that the papers were insufficient, and they added: "We notify you for your guidance that only such papers as comply in every respect with section No. 10 of the printed conditions of our policy can be accepted by us as proper proofs of said loss. " To the third set of papers a written reply was given, returning them and repeating the substance of the second reply, but more fully expressed. To the fourth the written reply was given as follows : "We return the enclosed papers, purporting to be proofs of loss, which are incomplete and unsatisfac- tory." �It was proved that the insured were, during the time occupied by their successive offers of proofs, examined under oath at the instance of the defendants ; that the following paper was executed by the in- sured on the one part, and by those who represented the defendants and the other insurers on the other part : �State of Louisiana, Parish of Orleans: This agreement, made on the thirteenth day of January, 1881, between Messrs. Isidore Levy & Co., of tho first part, and the several insurance companies interested in their loss by flre January 1, 1881, of the second part, mutually agree that the mercbaudise saved from the front store, No. 24 Magazine street, has the present vallie of $1,000; the condition of the stock being in such a condition that it is impossible to determine the first cost of the same. �[Signed] Isidore Levy & Co., �By Isidore Levy. �J. W. COVINGTON, �G. N". Wblohans, Committee for insurance company at interest. ��� �