Atlantic Insurance v. Storrow
New York Court of Chancery
Lv the month of February oiio thousand eight hundred and thirty-one the defendant Thomas W. Storrow shipped a box of specie on board one of the Havre packets at New York. He took from the master a bill of lading, in the usual form, for the safe delivery of the specie at Havre. He also effected an insurance upon it with the complainants.
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Lv the month of February oiio thousand eight hundred and thirty-one the defendant Thomas W. Storrow shipped a box of specie on board one of the Havre packets at New York. He took from the master a bill of lading, in the usual form, for the safe delivery of the specie at Havre. He also effected an insurance upon it with the complainants. Two days afterwards, while the ship was lying at the wharf and before her departure on the voyage, the box of specie was stolen and never recovered. The assured, Storrow, abandoned the property to the ; and claimed payment for a total loss. They ; and an…
1Opinion of the Court
The Vice-Chancellor.
The question in this cause is not entirely free from difficulty. It is to be looked upon a-s a point between the insurer and the ship owners: that is to say, which shall bear the loss ?
The defendant Thomas W. Storrow has no longer any interest in the matter. He is a nominal party, having been satisfied by the ship master or owners. The latter were liable to him *623upon the bill of lading or by the custom of merchants ; as were the insurers upon the policy. He made his claim upon the insur-' ois in the first instance, stave written notice of abandonment, ■- furnished the…
2Cited by4 opinions
- Connecticut Fire Insurance v. Erie Railway Co.New York Court of Appeals · 1878
- Phœnix Insurance v. ParsonsNew York Court of Appeals · 1891
- Home Insurance v. Western Transportation Co.The Superior Court of New York City · 1866
- Home Insurance v. Western Transportation Co.The Superior Court of New York City · 1866