Oakes v. Manufacturers' Fire & Marine Insurance

This is an action upon a policy of insurance conditioned to be void if the property should be “ sold or conveyed in whole or in part.” The plaintiff subsequently conveyed through a third person to his wife, and the answer sets up the conveyance as a breach of condition. It has already been decided that the condition was broken by the conveyance. Oakes v. Manufacturers’ Ins,. Co. 131 Mass. 164. But at a second trial the plaintiff offered to prove that he went to the office of the defendant company, and orally notified it of the conveyance and of a mortgage, which was made before the policy and…