Purcell v. Land Title Guarantee Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. W. B. Teasdale, Judge. (1) The certificate of title sued on is not a policy of insurance but is merely a certificate of title, the correctness of which is guaranteed, (a) Insurance is a contract whereby one for a consideration undertakes to compensate another if he suffer loss.
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Appeal from Jackson Circuit Court. — Hon. W. B. Teasdale, Judge. (1) The certificate of title sued on is not a policy of insurance but is merely a certificate of title, the correctness of which is guaranteed, (a) Insurance is a contract whereby one for a consideration undertakes to compensate another if he suffer loss. May on Insurance, p. 1. An insurance in relation to property is a certificate whereby the insurer becomes bound for a definite consideration to indemnify the insured against loss or damage to certain property named in the policy by reason of certain perils to which it may be…
1Opinion of the CourtBroaddus, J.
The allegations of the petition are that the defendant corporation was, at the date of the transaction hereinafter mentioned^ and still is engaged in the bus*8iness of examining, certifying and guaranteeing titles in Jackson county, Missouri, and that on the twenty-fifth day of November, 1890, the defendant, in consideration of the sum of forty dollars paid to it by the plaintiffs, issued to said plaintiffs, in writing, the following certificate or guaranty of title to the lands therein described, omitting description of the property, viz.: “Land Title Guarantee Company, a corporation under the…
2Cases cited3 opinions
- Nickell v. Phoenix InsuranceSupreme Court of Missouri · 1898
- Schade v. GehnerSupreme Court of Missouri · 1896
- Saxton National Bank v. HaywoodMissouri Court of Appeals · 1895
3Cited by8 opinions
- Missouri, Kansas & Texas Railway Co. v. American Surety Co.Supreme Court of Missouri · 1921
- Empire Development Co. v. Title Guarantee & Trust Co.New York Court of Appeals · 1918
- Overholtzer v. Northern Counties Title InsuranceCalifornia Court of Appeal · 1953
- Worthey v. Sedillo Title Guaranty, Inc.New Mexico Supreme Court · 1973
- Thorne v. JohnsonMissouri Court of Appeals · 1972
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