Filed Date: 11/17/1949
Status: Precedential
Modified Date: 11/10/2024
It plainly appears that at the time of the “ robbery ” plaintiffs’ messenger or agent was not actually cognizant of the commission of the alleged felonious act as testified; indeed he was not aware of such act. The loss was not by reason of the “ robbery ” as defined in the policy.
The judgment should be reversed, with $30 costs, and complaint dismissed on the merits, with costs.
Pecoba, Edeb and Hecht, JJ., concur.
Judgment reversed, etc.