Graham v. Lawyers' Title Insurance
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts pursuant to section 1219 of the Code of Civil Procedure. The defendant insured the title of the plaintiff to certain premises in Hew York. Subsequently plaintiff’s title was rejected upon an examination for a loan for which application had been made to the Harlem Savings Bank.
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Submission of a controversy upon an agreed statement of facts pursuant to section 1219 of the Code of Civil Procedure. The defendant insured the title of the plaintiff to certain premises in Hew York. Subsequently plaintiff’s title was rejected upon an examination for a loan for which application had been made to the Harlem Savings Bank. The loss which the plaintiff claims to have sustained up to the present time is the sum of seventy-four dollars, paid for counsel fees in the examination of the title. The plaintiff claims that the title is not good and marketable, while the defendant insists…
1Opinion of the Court
Parker, J.:
The plaintiff’s first contention is that the title of the debtor Whit-lock did not unqualifiedly vest in Jenkins as receiver; that such title as this officer of the court acquired was so qualified and limited as not to exhaust the title of the judgment debtor which descended to his heirs at law upon his death, and as they were not made parties defendant in the foreclosure action, they have not been divested of that title. The plaintiff claims that this position is fully supported by Moore v. Duffy (74 Hun, 78), but a careful examination of the case discloses that this claim is not…
2Cases cited5 opinions
- Beers v. . ShannonNew York Court of Appeals · 1878
- Landon v. . TownshendNew York Court of Appeals · 1889
- Banks v. PotterNew York Court of Common Pleas · 1861
- Cobb v. HarmonNew York Court of Appeals · 1861
- Moore v. DuffyNew York Supreme Court · 1893
3Cited by1 opinion
- Maples v. O'BrienNew York Supreme Court · 1908