22 FEDERAL nnronrrna, vol`. 38.
at some seasons of the year, merchants in the country and villages do an -
active business till a late hour of the night. · ‘ r Goods are sold for cash, and
on credit, payments are made, commodities purchased, accounts ren-
dered, and settlements made, until,8 or 9 vo’clock at night, the same as
in the day—time.   No merchant could sustain himself in business who
closed at sunset. v Thevbusiness transacted during the early hours of the
· night is identicallytheisame as that transacted in day-light, and the ne-
cessitytfor the presence of the books, andtheir constant use, the same.
Merchants cannot conduct their businesswithout books. The policy in
suit makes the assured covenant "to keep a settofbooks showing a com-
plete record of all business transacted, including all purchases and sales,
_ both for cash and credit." Thiscovenant can only be kept by having the
" books at- the desk and counter, open and accessible at all times when the
business is going on.; If the defendant’s construction of the policy in
suit is the true one, then merchants holding such policies-must absolutely
cease to do business at sunset; for the policy obliges the insured to keep
a.set of books showing a complete record of all business transacted; and
- . if the insured must keep such books securely locked in a ·fire-proof safe
from sunset to sunrise, it is obvious no business can- be transacted be-
tween these hours. Suppose the policy had contained a stipulation that
“some person shall sleep in the store-house at night}? Would such a
clause be construed to require some person to go to bed, and goto sleep,
at sunset, and sleep continuously. till sunrise? The clause, construed
- literally, would require this-. i The law rejects such literal and hyper-
critical interpretation of words in a contract. A contract will not be con-
strued as demanding unreasonable things, or things contrary to the known
· necessities, custom, and usagetzoftrade, or of theparties, if it is suscep-
tible of any other constructionp And "in all cases the words of a policy
are to be taken most strongly against the insurer," (Wood, Ins. § 57 ‘,)
and "are to be construed in cases of doubt against the insurer," (Id., and
2-.Whart. Cont. §670, audinote4;) and, "when capable of two mean-
ings, that meaning is to be adopted most favorable to the insured," (Id.)
‘€The courts will not permit theassured to be misled, or cheated, where
there is any sort of justitication,·from- the language used, for the inter-
pretation placed by him- upontthe instrument. A contract drawn by
one party, who makes his own terms, and imposes his *own conditions,
’ will not be tolerated as a snareto the unwary; and if the words em-’ .
ployed, of themselves, or in connection with other language used in the
instrument, or in reference to the subject—matter to which they relate,
are susceptible of the interpretation given them by the assured, although
in fact intended otherwise by the insurer,·the policy- will be construed to`
favor the assured." Wood-, Ins. §59. ‘ ` ‘ ‘ ‘ ·
The plaintiffs had every reason to suppose the policy permitted them
I to pursue their accustomed modeof doing business, whichwas the nec-
essaryand usual mode of doing business in that cou—ntry, and the de-A
fendant must be presumed to have so understood" it."' Daniels ~v. Insur-
ance Oo., 12 Gush. 4I6. The properrconstruction of the policy is not
that the books shallbe kept in the safe from sunset tosunrise, but that