Cahn Wachenheim v. Fidelity Casualty Co.

Plaintiffs are retail merchants, conducting the Imperial Shoe Store, at Canal and Bourbon streets, in the city of New Orleans. In 1912 they purchased a secondhand iron safe. Some time thereafter the safe was broken into, and was thereafter repaired. In January, 1918, the safe was insured against burglary by defendant company for one year; and in January, 1919, the insurance was renewed for another year.

The policy was to cover any loss of property—

“feloniously taken by any person or persons, at any time during the day or night while the premises are not actually open for the transaction of…