Glawatz v. People's Guaranty Search Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary Glawatz, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 8tli day of September, 1899, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury at the Erie Trial Term.
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Appeal by the plaintiff, Mary Glawatz, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 8tli day of September, 1899, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury at the Erie Trial Term. The defendant on the 1st day of May, 1895, prepared and furnished to one William W. Peacock, upon his request and for a consideration by him duly paid, an abstract of the title to certain premises owned by him and situate in the city of Buffalo, to which was attached the…
1Opinion of the Court
Adams, P. J.:
Whatever liability attached to the defendant by reason of its undertaking to furnish a search of the premises in question was ■undoubtedly a contract liability, which, in its nature and scope, measured and interpreted by the language of the certificate, amounted to a guaranty to the person ordering the search, his heirs, devisees and grantees, that the abstract contained and set forth an accurate and complete statement of any and all matters in anywise affecting or relating to the title of the premises against which the search was made.
That the contract was broken in consequence…
2Cases cited4 opinions
- Garnsey v. . RogersNew York Court of Appeals · 1872
- Todd v. . WeberNew York Court of Appeals · 1884
- Townsend v. . RackhamNew York Court of Appeals · 1894
- Lyth v. HingstonAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by8 opinions
- Glanzer v. . ShepardNew York Court of Appeals · 1922
- Williams v. PolgarMichigan Supreme Court · 1974
- Calamari v. GraceAppellate Division of the Supreme Court of the State of New York · 1983
- Equitable Building & Loan Ass'n v. Bank of Commerce & Trust Co.Tennessee Supreme Court · 1907
- Cole v. VincentAppellate Division of the Supreme Court of the State of New York · 1930
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