Clarke v. Massachusetts Title Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of insurance of a title to real estate described in a mortgage. Writ dated December 29, 1916. ■ The action was referred to an auditor and later was tried before Dubuque, J., upon the auditor’s report and other evidence. Material evidence at the trial is described in the opinion.
1Opinion of the CourtPierce, J.
This is an action in contract to recover of the defendant title insurance company, as indemnitor, the value of the plaintiff’s title as mortgagee to certain land on Eastern Avenue, in Lynn.
The essential facts as they appear in the auditor’s report and in the testimony of the plaintiff at the trial, in substance are as follows: On March 12, 1897, the plaintiff at the solicitation of one of the subsequent grantors, purchased of the heirs of Bernard A. McCormick the land in question, which he considered to be worth $4,000, for $100. Bernard A. McCormick derived such title as he had under a deed…
2Cases cited3 opinions
- Clarke v. Massachusetts Title InsuranceMassachusetts Supreme Judicial Court · 1913
- Sawyer v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Scaplen v. BlanchardMassachusetts Supreme Judicial Court · 1904
3Cited by6 opinions
- Pearson v. MulloneyMassachusetts Supreme Judicial Court · 1935
- Mahoney v. GoochMassachusetts Supreme Judicial Court · 1923
- Gechijian v. Richmond InsuranceMassachusetts Supreme Judicial Court · 1940
- Rock v. RockMassachusetts Supreme Judicial Court · 1941
- Commonwealth v. PelletierMassachusetts Supreme Judicial Court · 1928
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