Buffalo Smoketeria, Inc. v. Metropolitan Casualty Insurance

The defendant issued its policy of insurance to plaintiff to insure the latter against robbery. The definition of robbery as included in the policy differs from the common-law and statutory description of the offense. The policy defines robbery as applied to this case as “ Robbery shall mean a felonious and forcible taking of property * * * by an overt felonious act committed in the presence of a custodian and of which he was actually cognizant.”

The facts establish that a delivery clerk of plaintiff entered certain premises known as 381^ Niagara street for the purpose of refilling an…