German-American Title & Trust Co. v. Citizens' Trust & Surety Co.
Supreme Court of Pennsylvania
Appeal, No. 304, Jan. Term, 1898, by defendant, from judgment.of C. P. No. 4, Phila. County, Dec. T., 1894, No. 211, on verdict for plaintiff. Assumpsit upon a contract of guaranty. Before Willson, J. The facts appear by opinion of the Supreme Court.
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Appeal, No. 304, Jan. Term, 1898, by defendant, from judgment.of C. P. No. 4, Phila. County, Dec. T., 1894, No. 211, on verdict for plaintiff. Assumpsit upon a contract of guaranty. Before Willson, J. The facts appear by opinion of the Supreme Court. The court charged in part as follows: [They say that that contract was a fraudulent device which was adopted after the arrangement was made with the defendant company; that it was changed; that a date was inserted for the purpose of making it conform to the language of the contract which the plaintiff and defendant had entered into. That is a…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The defendant agreed to insure the plaintiff against actual loss which might result to it, as a purchaser of ground rents upon unimproved land, by reason of the non-completion of buildings to be erected thereon by P. P. Elkinton. No policy was issued, but the settlement certificate was treated by both parties as a complete agreement. By the terms of this certificate a policy for $30,000, insuring the plaintiff against actual loss by reason of the non-completion of forty-two buildings prior to January 1, 1894, in accordance with an agreement between Elkinton and the…
2Cited by6 opinions
- McMinn v. DamurjianNew Jersey Superior Court Appellate Division · 1969
- Wheeler v. Equitable Trust Co.Supreme Court of Pennsylvania · 1903
- Pennsylvania Laundry Co. v. Land Title & Trust Co.Superior Court of Pennsylvania · 1920
- Central Trust & Savings Co. v. Henry Kraan Furniture Co.Superior Court of Pennsylvania · 1916
- Trainor Co. v. Ætna Casualty & Surety Co.District Court, E.D. Pennsylvania · 1931
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