
    Charles Goldman, Doing Business as Charles Goldman Co., Appellant, v. Insurance Company of North America, Respondent.
    
      Insurance — policy covering theft of entire shipping package — when insured may not recover for theft of part of contents.
    
    
      Goldman v. Insurance Co. of North America, 194 App. Div. 266, affirmed.
    (Argued January 19, 1922;
    decided February 3, 1922.)
    Appeal, by permission, from a judgment entered December 3,1920, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed a determination of the Appellate Term affirming a judgment of the Municipal Court of the city of New York in favor of plaintiff and directed a dismissal of the complaint. The action was upon an insurance policy which, after including theft as one of the risks thereby covered, stated “ except as hereinafter specified,” and then provided: “ This policy covers theft of an entire shipping package but .all pilferage is expressly excluded.” The shipment was of twelve pieces of woolen cloth, each piece wrapped in a separate piece of paper, but all included in one wooden case which was closed, nailed up, marked and addressed to the-consignee. When it reached the consignee five pieces were missing from the case. The Appellate Division held that the policy covered the theft of an entire package but not the theft of a part thereof and that plaintiff could not recover.
    
      Joseph L. Prager and Arnold Furst for appellant.
    
      Joseph Levy for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin and Crane, JJ. Dissenting: Hogan and Andrews, JJ.  