Rialto Building & Loan Ass'n v. Commonwealth Title Co.

Heiligman, J.,

Plaintiff instituted suit upon a policy of title insurance issued by defendant to plaintiff as mortgagee and later transferred to plaintiff as owner after a foreclosure of the mortgage insured. Plaintiff claimed that the policy insured as a public street a street laid out on a private plan but unopened and unplotted on the city plan, and averred that said street was not a public street. At trial, after the presentation of plaintiff’s evidence, a nonsuit was granted, and the case is now before the court on a motion to take off the nonsuit.

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