
    ONETTO, Respondent v. COMMERCIAL UNION ASSUR. CO. OF LONDON, Appellant.
    (Supreme Court, Appellate Division, B’ourth Department.
    July 7, 1915.)
    Action by Ernest Onetto against the Commercial Union Assurance Company of London.
   PER CURIAM.

Judgment reversed, and new trial granted, with costs to appellant to abide event. Held, that the declarations and statements testified to by plaintiff as having been made to" him by defendant’s local agent, Stephens, were not admissible in the absence of evidence that said agent, Stephens, had, or had been held, out by the defendant as having, authority to waive the conditions of the policy requiring the making and service of proofs of loss.

LAMBERT, J., not sitting.  