Kelly v. Middlesex Title Guarantee, C., Co.

The issue before the court on this rehearing is as to whether the Middlesex Title Guarantee and Trust Company (hereinafter called the "Middlesex Company") had the right and power to guarantee to those who purchased from it real estate, bonds and mortgages, or certificates of participation in such bonds and mortgages, the payment of the principal and interest thereof, or whether such guarantees actually made by it wereultra vires and were and are therefore absolutely void.

The Middlesex Company was incorporated in January, 1907, under the provisions of the "act concerning trust companies,"…