Page:Federal Reporter, 1st Series, Volume 4.djvu/777

PU1NA.M ». OOMMONWEALTH INS. CO, 763 �ance existed at the time, and was not put on after the policy ■was isaued. In the Whited Case the change of ownership recurred before the last renewal. The Whited Case is the most recent decision on the subject in the highest court of New York. It was- the unanimous decision of the seven judges, in view of ail former decisions. Begarding it as a Sound exposition of the law, and as applicable to this case, I must foUow it. �4. The defendant, in the second case, contends that its pol- icy was avoided "by the use of naphtba and gasoline." The policy contains these provisions : "If, in said premises, there be kept gunpowder, fire-works, nitro-glycerine, phosphorus, ealtpeter, nitrate of soda, petroleum, naphtha, gasoline, ben- zine, benzole, or benzine varnish, or there be kept or used therein, camphene, spirit gas, or any burning fluid, or any chemical oils, without written permission in this policy, then and in every such case this policy shall become void. (4.) If, during this Insurance, the above-mentioned premises shall be used for any trade, business, or vocatiori, or for storing, using, or vending therein any of the articles, goods, or mer- chandise denominated bazardons, or extra hazardous, or spe- cially hazardous, in the class of hazards adopted by the New York board of fire underwriters, and printed on the back of this policy, * • * then and from thenceforth, so long as the same shall be so appropriated, applied, or used, this pol- icy shall cease, and be of no force or efifect." �On the back of the policy is a list of articles under the head of "Classes of Hazards," the word "special" meaning "specially hazardous." The following are marked "special:" "Oil, petroleum, and products, other than specified;" "naph- tha, benzine, andbenzole;" "gunpowder;" "fire-works;" phos- phorus;" "saltpeter;" "nitrate of soda, when stored with other merchandise ; " "camphene, stocks of;" "spirit gas, making or selling, or use of;" "burning fluid, stocks of," The following is on the back of the policy : "The use of kerosene oil permitted, on condition that the same be drawn and the lamps be trimmed and fiUed by daylight only, provided the quality is of the standard required by the laws of the state in ����