Rosenthal v. American Bonding Co. of Baltimore
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 27, 1911, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 27, 1911, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. There was no proof of loss by burglary committed by persons “who have made forcible and violent entrance upon the premises or exit therefrom,” or of “ actual force and violence used in making entry into the said premises or exit therefrom.” (B. & U. P. R. Co. v. Robins, 22 Barb. 662; People v.…
1Opinion of the CourtHiscock, J.
This action was brought to recover under a so-called burglary insurance policy for loss of goods stolen from plaintiffs. Concededly the policy extended insurance upon the goods in question against burglary under certain conditions, and it will only be necessary to give close consideration to two clauses for the purpose of determining whether those conditions have been complied with.
The first of these sets forth that the indemnity was granted “ For direct loss by burglary of any of the merchandise described in the schedule * * * occasioned by its felonious abstraction from the store,…
2Cases cited3 opinions
- Paul v. . Travelers' Ins. Co.New York Court of Appeals · 1889
- Menneiley v. Employers' Liability Assurance Corp.New York Court of Appeals · 1896
- Root v. London Guarantee & Accident Co.Appellate Division of the Supreme Court of the State of New York · 1904
3Cited by53 opinions
- Caporino v. Travelers InsuranceNew York Court of Appeals · 1984
- Miller Bros. Construction Co. v. Maryland Casualty Co.Supreme Court of Connecticut · 1931
- Wilson Sullivan Co. v. International Paper Makers Realty Corp.New York Court of Appeals · 1954
- Komroff v. Maryland Casualty Co.Supreme Court of Connecticut · 1926
- Ferguson v. Phoenix Assurance Co.Supreme Court of Kansas · 1962
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