Jones v. Southern Ins. Co.
U.S. Circuit Court for the District of Eastern Arkansas
At Law. Action on a policy of fire insurance. On the 1st day of October, 1887, the defendant issued to the plaintiffs a' policy of insurance for $3,000, against loss by fire on their stock of general merchandise in their store-house at Riverside. The store-house and goods, and most of the plaintiffs’ mercantile books, were destroyed by fire, and this is a suit to recover the amount of the policy.
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At Law. Action on a policy of fire insurance. On the 1st day of October, 1887, the defendant issued to the plaintiffs a' policy of insurance for $3,000, against loss by fire on their stock of general merchandise in their store-house at Riverside. The store-house and goods, and most of the plaintiffs’ mercantile books, were destroyed by fire, and this is a suit to recover the amount of the policy. The policy contains this clause: “The assured, under this policy, hereby covenants and agrees to keep a set of books, showing a complete record of all business transacted, including all purchases and…
1Opinion of the Court
Caudwell, J.,
(after stating the facts as above.) Literally, night is that part of the natural day between sunset and sunrise. Are the words “at night, ” in the policy in suit, to be given that meaning? The object of this clause is to provide against the loss of the merchants’ boob- by tire. The loss of the books by fire in the day-time is just as injurious a; their destruction at night. Why, then, did not the insurer stipulate that the books should be kept secure from destruction by fire at all times? For the obvious reason that the books must be used during the time that the business is…
2Cited by12 opinions
- Insurance Co. of North America v. WilliamsSupreme Court of Alabama · 1917
- Joffe v. Niagara Fire InsuranceCourt of Appeals of Maryland · 1911
- German American Ins. Co. v. FullerSupreme Court of Oklahoma · 1910
- Penix v. American Central Ins.Mississippi Supreme Court · 1913
- Ætna Insurance v. JohnsonSupreme Court of Georgia · 1907
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