Kaufman v. Title Guarantee & Trust Co.

The plaintiffs brought this representative or class action on behalf of themselves and such other owners of guaranteed certificates as may elect to join in the action and contribute to the expense thereof. These guaranteed certificates were issued by defendant Title Guarantee and Trust Company on one bond and mortgage, each certificate representing an assignment of a proportional share of such investment. It is alleged that such defendant agreed to and did undertake to act as agent and fiduciary of all certificate holders, obtaining for them additional security in the form of a guaranty by…