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SALON SERV. v. PAC. & ATL. SHIPPERS

24 N.Y.2d 15 (1969)

Salon Service, Inc., Respondent, v. Pacific & Atlantic Shippers, Inc., et al., Appellants.

Court of Appeals of the State of New York.

Decided February 20, 1969.

Attorney(s) appearing for the Case

Saul Sorkin for appellants.

Irving J. Kirschenbaum and Max J. Gwertzman for respondent.

Chief Judge FULD and Judges SCILEPPI, BERGAN, KEATING, BREITEL and JASEN concur.

BURKE, J.

The plaintiff in the action below, Salon Service, Inc., delivered 12 cartons of wigs in New York City for shipment by the defendant freight forwarders to Niles, Illinois. The wigs were somehow lost and plaintiff thereafter filed a proof of loss with its insurer and executed a loan receipt to its insurer for the full amount of its loss. The insurance policy contained a paragraph which provided that "This...

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