Bean

Appeal from judgment and order refusing a new trial.

This is an action upon an accident insurance policy. In his complaint, the plaintiff, after setting out the contract of insurance and his injury, avers that “ within three months of the time of such accident, plaintiff furnished unto the defendant affirmative proof of-his said injuries, and of the duration of his disability.”

The answer “ admits that the plaintiff furnished defendant with what purported to be his affirmative proof at thé time alleged in the complaint, but defendant denies that the same amounted to affirmative proof of the duration of his alleged disability.”

The policy required written notice to be given of any injury, and provided: “ Unless affirmative proof of death, or loss of limb or sight, or of duration of disability, is so furnished within seven months from the time of such accident, all claims based thereon shall be forfeited to the company.”

*583 At the trial, plaintiff showed that his proof was made out on blanks furnished by the defendant, and with the advice of Dr. Boss, local examining surgeon of the defendant, and by him declared sufficient, but did not offer the papers themselves in evidence.…