Legal Opinion
Lawyers' Title Ins. & Trust Co. v. Kelly
Appellate Terms of the Supreme Court of New York
Decided January 9, 1912Published
Appeal from City Court of New York, Trial Term. Action by the Lawyers’ Title Insurance & Trust Company against James Allison Kelly and another, doing business under the firm name of Kelly & Hoeninghaus. From a judgment for plaintiff, and from an order denying a new trial, defendants appeal. Reversed, and new trial ordered.
1Opinion of the CourtLehman, J.
The plaintiff has recovered judgment in an action brought to recover the agreed compensation of $450 and the cost of a survey under an alleged employment by the defendants to examine title to certain real estate.
[1] To show the employment the plaintiff introduced in evidence a paper, signed by the defendants, which bore upon its face the following words:
“Title No. 148,405. Policy No.-. Dated September 10, 1907. Application Register. The undersigned, hereinafter designated as the applicant, hereby applies to Lawyers’ Title Insurance & Trust Company for the issue of a policy of title insurance…
2Cases cited2 opinions
- Young v. KatzAppellate Division of the Supreme Court of the State of New York · 1897
- De Waltoff v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1902