Botnick Motor Corp. v. Northern Insurance

Appeal from a judgment of the Supreme Court in favor of the plaintiff, after trial by the court, entered in the office of the clerk of Broome county on July 15, 1937. The action is brought to recover damage loss, under a policy according to which the defendant insured the plaintiff against loss or damage to its automobiles by “ theft, larceny, robbery and pilferage,” except when such loss or damage was suffered by the assured when “ he voluntarily parts with title to or possession of any property * * * whether or not induced so to do by any fraudulent scheme, trick, device or false pretense…