Phenix Insurance v. Stahl

The opinion of the court was delivered by

Mason, J.:

John Stahl insured a stock of merchandise against fire in the Phenix Insurance Company. The policy contained what is known as the “iron-safe” clause, requiring certain books and documents pertaining to the business to be kept in an iron safe at night and at other times when the building containing the goods was closed, and providing that a failure on the part of the insured to comply with this condition should avoid the policy. A loss occurred and some of the documents referred to were destroyed by reason of the neglect of the insured to…