Kinney

The action was upon a policy of insurance. Findings and judgment were in favor of plaintiff, from which judgment, and an order denying a new trial, defendant appeals.

The complaint .alleged the issuance to plaintiff by defendant of a policy of insurance covering merchandise in certain safes and indemnifying against loss when, through felonious abstraction by the use of tools or explosives directly upon such safes, a loss ensued. It was averred that, “while said policy was in full force and effect, to wit, on the sixteenth day of March, 1907, certain persons to the plaintiff unknown made entry into the said safes by the use of tools directly thereupon, and feloniously took and abstracted from the same, against the will and without the consent of plaintiff, during the nighttime, . . . certain merchandise, to wit, jewelry and precious stones, which were then and there the property of plaintiff, and took and carried away the same and deprived plaintiff thereof, and by such acts of said persons unknown the said merchandise was directly and wholly lost to the plaintiff.” The actual cash value of the merchandise at the date of the loss was alleged to be $3,442.63. The answer, upon…