Wheeler v. Equitable Trust Co.
Supreme Court of Pennsylvania
Appeal, No. 173, Jan. T., 1902, by plaintiff, from order of C. P. No. 5, Phila. Co., March T., 1901, No. 309, refusing to take off nonsuit in case of Susan Farnum Wheeler, Executrix of Charles Wheeler, Deceased, v. Equitable Trust Company. Assumpsit on a policy of title insurance. Before Ralston, J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 173, Jan. T., 1902, by plaintiff, from order of C. P. No. 5, Phila. Co., March T., 1901, No. 309, refusing to take off nonsuit in case of Susan Farnum Wheeler, Executrix of Charles Wheeler, Deceased, v. Equitable Trust Company. Assumpsit on a policy of title insurance. Before Ralston, J. The facts are stated in the opinion of the Supreme Court. When Frank Loughran was on the stand the following offer was made: I offer to show that the seventeen houses on Douglas street, between Foster and Arch streets, west of Thirty-second, were not built in accordance with the plans and…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
The Equitable Trust Company on May 15, 1898, delivered to plaintiff, executrix of Charles Wheeler, deceased, a policy of title insurance in the amount of $50,000. The subject insured was a mortgage for $61,500, made by John D. Pharoah, on seventeen ground rents issuing out of seventeen lots and buildings.thereon, situate on Douglas street in Philadelphia. This mortgage was taken by plaintiff as collateral security for a loan. It is not alleged that there is any defect in the title to the ground rents which has rendered them unmarketable. The policy stipulates that…
2Cases cited3 opinions
- Wheeler v. Real Estate Title Ins. & Trust Co.Supreme Court of Pennsylvania · 1894
- German-American Title & Trust Co. v. Citizens' Trust & Surety Co.Supreme Court of Pennsylvania · 1899
- Seymour v. Tradesmen's Trust & Saving Fund Co.Supreme Court of Pennsylvania · 1902
3Cited by13 opinions
- Faulkner v. McHenrySupreme Court of Pennsylvania · 1912
- Weightman v. Union Trust Co.Supreme Court of Pennsylvania · 1904
- Equitable Trust Co. v. National Surety Co.Supreme Court of Pennsylvania · 1906
- Manufacturers & Merchants Building & Loan Ass'n v. WilleySupreme Court of Pennsylvania · 1936
- Mechanics Trust Co. v. Fidelity & Casualty Co.Supreme Court of Pennsylvania · 1931
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