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 been held out by the defendant as having authority to waive the conditions of the policy requiring the *933making and service oí proofs of loss. All concurred; Lambert, J., not sitting.