Oakman v. Dorchester Mutual Fire Insurance
Massachusetts Supreme Judicial Court
Contract by the surviving partner of the firm of Oakman & Eldridge, on a policy of insurance, made November 20, 1866, against loss by fire on “ their frame church building ” in Somerville. Answer, denial of any insurable interest of Oakman & Eldridge in the property, either at the date of the policy or the time of the fire.
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Contract by the surviving partner of the firm of Oakman & Eldridge, on a policy of insurance, made November 20, 1866, against loss by fire on “ their frame church building ” in Somerville. Answer, denial of any insurable interest of Oakman & Eldridge in the property, either at the date of the policy or the time of the fire. At the trial, Wells, J., directed a verdict for the plaintiff on facts which are stated in the opinion, and reported the case for revision by the full court.
1Opinion of the CourtChapman, J.
The legal title to the land on which the church building stood was conveyed to Oakman & Eldridge in April 1863. At the time of the conveyance, they gave a conditional bond for a deed of the land to Carleton, the treasurer of a religious society. After the time for performance of the condition had expired, he offered to perform it, and demanded a deed; but this offer and demand would not affect the legal title to the land. The society built the house on the land without any contract that they should hold it as personal property, or any express or implied consent that it might be removed, but…
2Cases cited1 opinion
- Wells v. BanisterMassachusetts Supreme Judicial Court · 1808
3Cited by6 opinions
- Poor v. OakmanMassachusetts Supreme Judicial Court · 1870
- Meeker v. OszustMassachusetts Supreme Judicial Court · 1940
- Webster v. PotterMassachusetts Supreme Judicial Court · 1870
- Hinkley & Egery Iron Co. v. BlackSupreme Judicial Court of Maine · 1880
- Guernsey v. WilsonMassachusetts Supreme Judicial Court · 1883
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