Goldman v. Insurance Co. of North America
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Insurance Company of North America, from an order and determination of the Appellate Term of the Supreme Court in favor of the plaintiff, entered, in the office of the clerk of the county of New York on the 13th day of May, 1920, affirming a judgment of the Municipal Court, Borough of Manhattan, Ninth District.
1Opinion of the Court
Smith, J.:
The action is upon an insurance policy. The policy, after including theft as one of the risks thereby covered, states “ except as hereinafter specified,” and there was then "provided: “ This policy covers theft of an entire shipping package, but all pilferage is expressly excluded.” The shipment was of twelve pieces of woolen cloth, each piece wrapped in a separate piece of paper, but all included in one wooden case which was closed, nailed up, marked and addressed to the consignee. When it reached the consignee five pieces were missing from one of the cases of the value of $611.10.…
2Cited by5 opinions
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- Moldovan v. United States Fidelity & Guaranty Co.New York Supreme Court · 1959
- Breslerman v. Newark InsuranceCivil Court of the City of New York · 1966
- Brooklyn Clothing Corp. v. Peoples National Fire InsuranceNew York Supreme Court · 1922
- New York Fire Insurance Co. v. AshleyCourt of Appeals of Texas · 1956