Seymour v. Tradesmen's Trust & Saving Fund Co.
Supreme Court of Pennsylvania
Appeal, No. 378, Jan. T., 1901, by defendants, from order of C. P. No. 4, Phila. Co., June T., 1900, No. 658, refusing to take off nonsuit in case of Edmund B. Seymour and Joseph Savidge v. Tradesmen’s Trust and Saving Fund Company. Assumpsit upon a policy of title insurance.
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Appeal, No. 378, Jan. T., 1901, by defendants, from order of C. P. No. 4, Phila. Co., June T., 1900, No. 658, refusing to take off nonsuit in case of Edmund B. Seymour and Joseph Savidge v. Tradesmen’s Trust and Saving Fund Company. Assumpsit upon a policy of title insurance. At the trial it appeared that plaintiffs, who had been the owners of six second mortgages of $1,000 each, secured upon six different properties, subject each to a prior mortgage of $5,500, brought suit on defendants’ policy of insurance, dated June 14, 1898, which provided as follows: “ This policy of insurance…
1Opinion of the Court
Per Curiam,
By the terms of the policy the trust company was entitled to subrogation to all the rights and remedies of the insured. As the plaintiffs, by voluntarily conveying the properties to the owner of the first mortgage put it out of their power to comply with their agreement, they were not entitled to recover.
The judgment is affirmed.
2Cited by3 opinions
- Wheeler v. Equitable Trust Co.Supreme Court of Pennsylvania · 1903
- Pennsylvania Co. for Insurances on Lives & Granting Annuities v. Central Trust & Savings Co.Supreme Court of Pennsylvania · 1917
- Central Trust & Savings Co. v. Henry Kraan Furniture Co.Superior Court of Pennsylvania · 1914