Empire Development Co. v. Title Guarantee & Trust Co.
New York Court of Appeals
Appeal from a judgment, entered January 24, 1916, upon án order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiffs entered upon a verdict directed by the court and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant was not entitled to a reformation of the contract.
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Appeal from a judgment, entered January 24, 1916, upon án order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiffs entered upon a verdict directed by the court and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant was not entitled to a reformation of the contract. (Levy v. Louvrc Realty Co., 222 N. Y. 14; City of New York v. Matthews, 213 N. Y. 563; Southard v. Curley, 134 N. Y. 148; A. B. Co. v. Allison, 144 N. Y. 21; C. S. R.…
1Opinion of the CourtAndrews, J.
The complaint sets forth two causes of action. By the first it is alleged that the defendant issued a policy of title insurance to the plaintiffs covering certain premises conveyed to them at that time; that upon said premises at the date of the policy assessments, not excepted in the policy itself, were a hen; that these assessments, amounting to. over $6,000, were paid by the plaintiffs and that they sustained a loss,in that amount with interest. By the second cause of action it is alleged that the plaintiffs were negotiating for the purchase of the premises described; that the defendant…
2Cases cited5 opinions
- Olmsted v. . KeyesNew York Court of Appeals · 1881
- Rawls v. . American Mutual Life Insurance CompanyNew York Court of Appeals · 1863
- Sturm v. . Atlantic Mutual Insurance Co.New York Court of Appeals · 1875
- Trenton Potteries Co. v. Title Guarantee & Trust Co.New York Court of Appeals · 1903
- Purcell v. Land Title Guarantee Co.Missouri Court of Appeals · 1902
3Cited by39 opinions
- L. Smirlock Realty Corp. v. Title Guarantee Co.New York Court of Appeals · 1981
- L. Smirlock Realty Corp. v. Title Guarantee Co.Appellate Division of the Supreme Court of the State of New York · 1979
- First National Bank & Trust Co. v. New York Title InsuranceNew York Supreme Court · 1939
- Arizona Title Insurance & Trust Company v. SmithCourt of Appeals of Arizona · 1974
- Drilling Service Co. v. BaeblerSupreme Court of Missouri · 1972
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