Legal Opinion

Atlantic Insurance v. Storrow & Boyd

New York Court of Chancery

Decided May 25, 1835PublishedCited by 20 opinions

This was an appeal from a decree of the vice chancellor of the first circuit. The facts of the case, as they appeared from the hill and answer, were as follows : In February, 1831, the complainants insured the defendant Storrow upon a box of specie, laden on board the Charles Carroll, from New-York to Havre; for which specie a bill of lading in the usual form had been signed by the master of the vessel.

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This was an appeal from a decree of the vice chancellor of the first circuit. The facts of the case, as they appeared from the hill and answer, were as follows : In February, 1831, the complainants insured the defendant Storrow upon a box of specie, laden on board the Charles Carroll, from New-York to Havre; for which specie a bill of lading in the usual form had been signed by the master of the vessel. A day or two after the underwriting of the policy, but after the commencement of the risk, the specie was stolen from the ship while she lay at the wharf in New-York, in the absence of the…

1Opinion of the Court

The Chancellor.

The learned commentator on American law appears to suppose that the express provision against loss by thieves, contained in modern policies, does not embrace a loss by simple larceny, such as occurred in this case, but only that kind of theft kvhich is accompanied by violence. (3 Kent’s Com. 2d ed. 303.) So far as relates to losses by thieves, on shipboard, he is certainly suslained in this opinion by some of the ancient writers on the law of insurance. Malyne says, “ If there be thieves on shipboard, among themselves, the master of the ship is to answer for that, and not the…

2Cited by20 opinions

  1. Mobile & Montgomery Railway Co. v. JureySupreme Court of the United States · 1884
  2. Cole v. . MalcolmNew York Court of Appeals · 1876
  3. Packham v. German Fire Ins., Co.Court of Appeals of Maryland · 1900
  4. S. Felicione & Sons Fish Company, Inc. v. Citizens Casualty Company of New YorkCourt of Appeals for the Fifth Circuit · 1970
  5. The St. JohnsDistrict Court, S.D. New York · 1900

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