
    Louis Lorenz et al., Copartners Doing Business under the Name of Lorenz Printers Machinist Co., Respondents, v. Indemnity Insurance Company of North America, Appellant.
    Supreme Court, Appellate Term, First Department,
    November 17, 1949.
    
      
      Edward G. Watson and George A. Garvey for appellant.
    
      Frederick Behr, Jr., and Frederick Behr for respondent.
   Per Curiam.

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.  