
    Edward Rosenberg et al., Appellants, v. Globe and Rutgers Fire Insurance Company of the City of New York, Respondent.
    
      Insurance (theft) — contract — policy insuring “ men’s clothing ” from loss or theft — cut piece goods with necessary trimmings to be assembled into clothing not covered.
    
    
      Rosenberg v. Globe & Rutgers Fire Ins. Co., 222 App. Div. 225, affirmed.
    (Argued May 8, 1928;
    decided May 29, 1928.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department. entered December 30, 1927, affirming a judgment in favor of defendant entered upon a verdict directed by the court. The action was to recover upon a policy insuring plaintiffs against loss by perils of transportation, including theft, of “ men’s clothing.” Certain piece goods which had been cut, together with the necessary trimmings such as finings, canvas, buttons, etc., were sent from New York to Philadelphia, there to be assembled and the process of manufacture into men’s clothing completed. They were lost or stolen. The Appellate Division held that the goods lost were not men’s clothing within the meaning of the policy.
    
      Maurice J. O’Callaghan, Albert S. McGrover and Elias H. Avrane for appellants.
    
      Martin A. Schenck for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cabdozo, Ch. J., Pound, Crane, Andbews, Kellogg and O’Beien, JJ. Not sitting: Lehman, J.  