Legal Opinion

Title Guarantee & Trust Co. v. Stemberg

Appellate Division of the Supreme Court of the State of New York

Decided April 19, 1907PublishedCited by 2 opinions

Appeal by the defendant, Charles Steinberg, from a judgment of the Municipal Court of the city of ¡New York, borough of Queens, in favor of the plaintiff, rendered on the 6th day of February, 1906.

1Opinion of the Court

Jenks, J.:

This is an action for services in searching a title. The answer .is denial that the services were at defendant’s request, that the agreed value was $73 and a defense that the plaintiff offered to make, but did not make, a loan applied for upon the property.

I think that the judgment should be affirmed. There is no doubt that the defendant upon his application to the plaintiff signed an agreement whereby the fees sued for were specified, and wherein it was provided that such charges should be paid whether the title was accepted or not. It is testified, although the defendant denies…

2Cases cited3 opinions

  1. Whitehead v. . KennedyNew York Court of Appeals · 1877
  2. Boyd v. . New York Security and Trust CompanyNew York Court of Appeals · 1903
  3. Clifford v. BraunAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by2 opinions

  1. In re the Estate of WoolfsonNew York Surrogate's Court · 1936
  2. Mann v. ShowalterSupreme Court of Georgia · 1916

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