Fox Chase Bank v. Wayne Junction Trust Co.
Supreme Court of Pennsylvania
Appeal, No. 381, Jan. T., 1916, by defendant, from judgment of C. P. No. 1, Philadelphia Co., June T., 1914, No. 1777, on verdict for plaintiff, in case of The Fox Chase Bank v. Wayne Junction Trust Company. Assumpsit on a policy of title insurance. Before Bregy, P. J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $11,430.92 and judgment thereon. Defendant appealed. were rulings on evidence and instructions to the jury.
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Appeal, No. 381, Jan. T., 1916, by defendant, from judgment of C. P. No. 1, Philadelphia Co., June T., 1914, No. 1777, on verdict for plaintiff, in case of The Fox Chase Bank v. Wayne Junction Trust Company. Assumpsit on a policy of title insurance. Before Bregy, P. J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $11,430.92 and judgment thereon. Defendant appealed. were rulings on evidence and instructions to the jury. Defendant cannot be liable for more than the market value of plaintiff’s $10,000 mortgage, with the houses finished free of liens:…
1Opinion of the Court
Opinion by
Mb. Justice Walling,
This action is on a special policy of indemnity against liens and the non.completion of a building operation. In 1911, Seward L. Bowser undertook to build seventeen houses on Duncannon avenue, Philadelphia, and placed a first mortgagé of about $15,000.00 upon the land. At the same time and seemingly for the same indebtedness he also gave mortgages upon the individual lots. Thereafter, and while the houses were in process of construction, he secured a loan of $10,000.00 from plaintiff, for which he gave his individual note, and as collateral thereto a second…
2Cases cited3 opinions
- Moving Picture Co. of America v. Scottish Union & National InsuranceSupreme Court of Pennsylvania · 1914
- Wheeler v. Equitable Trust Co.Supreme Court of Pennsylvania · 1908
- Central Trust & Savings Co. v. Henry Kraan Furniture Co.Superior Court of Pennsylvania · 1914
3Cited by9 opinions
- Arcos Corporation v. American Mutual Liability Ins. Co.District Court, E.D. Pennsylvania · 1972
- Chicago Title Insurance v. Huntington National BankOhio Supreme Court · 1999
- Chicago Title Ins. Co. v. Huntington Natl. BankOhio Supreme Court · 1999
- Narberth Building & Loan Ass'n v. Bryn Mawr Trust Co.Superior Court of Pennsylvania · 1936
- Title Insurance v. Industrial BankSupreme Court of Virginia · 1931
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