Boesky Bros. Twelfth Street Corp. v. United States Fidelity & Guaranty Co.

Boesky Brothers Twelfth Street Corporation brought suit against the United States Fidelitjr & Guaranty Company, on an insurance policy issued by the latter, to recover a loss by robbery within the insured’s place of business, a restaurant in the city of Detroit. The policy limited the recov ery to robbery from within the insured premises while “at least one custodian is on duty therein.” On August 14,1933, Harry Boesky, plaintiff’s secretary and treasurer, closed the restaurant at 3:30 a. m. He took two of his employees and some others to their homes, and then drove to his own home about five…