Lorenz v. Indemnity Insurance Co. of North America

197 Misc. 21, 94 N.Y.S.2d 25, 1949 N.Y. Misc. LEXIS 3034
Appellate Terms of the Supreme Court of New York·Decided November 17, 1949·Published·Cited by 2 cases

Opinion

Per Curiam.

It plainly appears that at the time of the robbery ” plaintiffs’ messenger or agent was not actually cognizant of the commission of the alleged felonious act as testified; indeed he was not aware of such act. The loss was not by reason of the “ robbery ” as defined in the policy.

The judgment should be reversed, with $30 costs, and complaint dismissed on the merits, with costs.

Pecoba, Edeb and Hecht, JJ., concur.

Judgment reversed, etc.

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Lorenz v. Indemnity Insurance Co. of North America, 197 Misc. 21, 94 N.Y.S.2d 25, 1949 N.Y. Misc. LEXIS 3034 (N.Y. Ct. App. 1949).

197 Misc. 21 (Lorenz v. Indemnity Insurance Co. of North America) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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