AM. CHARM CORP. v. ST. PAUL FIRE & MAR. INS. CO.


56 Misc.2d 574 (1968)

American Charm Corporation et al., Respondents, v. St. Paul Fire and Marine Insurance Company et al., Appellants.

Supreme Court, Appellate Term, First Department.

January 25, 1968


Attorney(s) appearing for the Case

Tell, Cheser, Werner & Breitbart (Solomon M. Cheser and Benjamin L. Tell of counsel), for appellants. Miller & Seeger (Israel G. Seeger of counsel), for respondents.

Concur — STREIT, J. P., GOLD and HOFSTADTER, JJ.


Per Curiam.

The loss of plaintiffs' property was from an automobile which at the time the loss occurred did not have "actually in or upon such vehicle" the designated custodian. Hence defendants are not liable, because the actual loss occurred under circumstances falling squarely within the exclusory clause. The order should be reversed, with $10 costs, and motion granted.

Order...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases