Drucker v. Tomkins Tidewater Terminal

I think that defendant by documentary evidence as a matter of law has established its complete defense that it “ shall not be liable in any event for any loss or damage occurring to the goods covered hereby insofar as the storer of said goods or holder of this receipt shall have insurance in effect at the time of said loss or damage insuring the storer or holder against such loss or damage.” The proof submitted shows that plaintiff had the merchandise insured against loss by fire with the Phoenix Assurance Co. Ltd.; that the policy was in full force at the time of the loss; that after the…