Clapp, Jayne and Francis. The opinion of the court was delivered by Jayne, J.A.D.
The plaintiff in this action unsuccessfully sought the recovery from the defendant of insurance occasioned by the plaintiff's loss of cash in the amount of $1,350.
The policy of insurance issued by the defendant to the plaintiff contractually supplied to the insured the following indemnity:
"II. Loss Outside Premises
(a) For all loss of money and securities occurring outside the premises and caused by the actual destruction, disappearance or wrongful abstraction thereof while being conveyed by a messenger within any of the States of the United States of America, the District of Columbia, Alaska, Hawaii, Canada or Newfoundland; and (b) For all loss of or damage to property caused by robbery or attempt thereat outside the premises while such property is being conveyed by a messenger within the aforesaid territorial limits."
It was expressly contemplated by the terms of the policy that the "messenger" might be the insured or a partner or officer of the insured, or any person who is in the employ of and duly authorized by the insured to have the custody of money while being conveyed outside the premises designated in the instrument.
At the conclusion of the introduction of the evidence submitted on behalf of the plaintiff, the defendant rested without tendering any additional proof and applied for a judgment of dismissal of the action, which motion was granted. The plaintiff by the present appeal impugns the propriety of the judgment.
The factual account of the circumstances must therefore be acquired from the testimony of the plaintiff's witnesses. The ensuing narrative is, we think, adequately revelational.
On Friday, April 24, 1953, one George Trad, vice-president of the plaintiff corporation, had in his possession cash in the amount of $1,500 consisting of bills of $50 and $100 denominations. It was the money of the plaintiff corporation, and the fund was intended to be furnished to one Robert Edwards, another officer of the plaintiff, to be appropriately expended by the latter at an auction to be held at Bayway, New Jersey, on the following Tuesday, April 28, 1953. The
plaintiff's place of business is situate in Asbury Park, possibly a drive by automobile of an hour and fifteen minutes distant from Bayway.
It eventuated that Trad met Edwards and some other friends at the former's apartment at Deal on the Friday evening of April 28, 1953, where Edwards and his companions at about 8:30 P.M. purposefully importuned Trad to accompany them to a nearby modern caravansary known as Green Grove Manor. There Trad discovered the presence of some 30 persons associated with him in the plaintiff's business who had, unknown to him, assembled to celebrate the anniversary of his birth.
In previously changing his clothes that evening, Trad had transplanted the $1,500 in cash and deposited it in the righthand pocket of the trousers he donned. He also carried in ...