JONES. s. sournsnu ms. oo, 19
claimant is hurt by the conduct of the school-district,»so that he feels
like insisting upon his " pound of {·lesh." ·Wel1, all I. can say is that this
court is the poorest place on ·th_e·continent for any-" pound of iiesh",
transactions, and if there was not a precedent or authority for such a
ruling I would make one_ in this case. I never would put myself on rec-
ord as saying that a man, under the circumstances, could compel the
public to pay $40,000. If there is any law for such a claim somebody
else has to atiirm it before it can be allowed here. These various in-
structions will all be refused, except the last, which I presume is in ac~
cordance with the language of the statute. ’ ’
Gentlemen of the jury, you are instructed that the form of yourver-
_ dict wi11· be as follows: "We, the jury,   Hrst that the accurate de-
scription of the property sought to be condemned in this action is lots
812, 811, 816, 818, and the north 13.6 feetand the east 35 feet oflot
810, North Poplar street, and lots 211 and 213 East Ninth street, in
Cooper’s subdivision of the surface of the Sizer placer, United States sur-
vey, N0.388, situate in the county of Lake and state of Colorado, to-
gether with the improvements thereon. Second, that the value of said
property at this date is $3,000." _
Jonas et al. v. Sorrmnmv Ins. Co.
(0r7rcuit Uourl, E. D. Arkansas. February 3, 1889.)
1 I¤su1i1l1mm—Co1vnr·r1o1¤s uw POLIGY—KEEPING·BOOKS. , . ,
A policy contained covenants that the assured was to keep a set of books
showing a record of all business transacted, and to keep them locked in a
‘·i tiregproof safe at night and at all times when the store was not actually open
for business; such book  to be produced incase of loss; and,,on failure to
produce them. the policy to be null and void. In a suit on the policy the ev-
dence shdwed that it was customary for merchants to keep their stores open
for business as late as 9 or 11 o~’clock at night, and the loss occurred about: 9
0’clock at night, while the store was open for business. and while plaintiff
was writing up his books. Held, that the covenant did not require the books
to be keptin a safe from sunset to sunrise, but from the time the business of
the day was ended, and the store closed for the night; _
B. SAME; , . - .
The covenant to keep books, and the covenant to keep them in a safe, must
be construed together, and, in the absence of an express stipulation to the
contrary,othe covenant to keep books should be construed to mean that they
shall be kept in the time and manner customary with merchants. . _
At Law. Action on a policy of tire insurance. .
On the; Ist day of October, 1887, the defendant issued to the plaintitls
a policy of insurance for $3,000, against loss by fire on 'theirlstock of
general. merchandise in their store-house at Riverside. The storehouse
and goods, and most of the ,plaintiii`s’ mercantile_books, were destroyed
by fire,and this is a suit to recover the amount of the policy. , The po1·
icy contains this clause: _ _,