Legal Opinion

Nash v. Minnesota Title Insurance & Trust Co.

Massachusetts Supreme Judicial Court

Decided June 12, 1895PublishedCited by 81 opinions

Eleven cases for false and fraudulent representations made by the defendant, whereby the plaintiffs were induced to purchase certain bonds whose payment was secured by a mortgage to the defendant of certain real estate in Minneapolis in the State of Minnesota.

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Eleven cases for false and fraudulent representations made by the defendant, whereby the plaintiffs were induced to purchase certain bonds whose payment was secured by a mortgage to the defendant of certain real estate in Minneapolis in the State of Minnesota. The declaration in the first case alleged that the defendant corporation was duly established under the laws of the State of Minnesota, with its principal place of business in Minneapolis in that State, to examine and insure titles and to act as trustee under trust deeds and mortgages; that it sent out its circulars to that effect, and…

1Opinion of the CourtKnowlton, J.

These cases have once before been considered by this court, (see 159 Mass. 437,) and the principal question then raised was whether there was any evidence of fraud on the part of the defendant. It was held that the defendant’s statement in regard to the title, taken in connection with the context of the letter and the circumstances under which it was written, purported to be a representation that the defendant had examined the title to the mortgaged real estate, and had found it to be perfect.* The property was subject to a prior mortgage of thirty thousand dollars, as the defendant’s…

2Cases cited38 opinions

  1. Chatham Furnace Co. v. MoffattMassachusetts Supreme Judicial Court · 1888
  2. Commonwealth v. CoeMassachusetts Supreme Judicial Court · 1874
  3. Schuchardt v. AllensSupreme Court of the United States · 1864
  4. Marsh v. FalkerNew York Court of Appeals · 1869
  5. Morse v. HutchinsMassachusetts Supreme Judicial Court · 1869

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3Cited by81 opinions

  1. Curtis Publishing Co. v. ButtsSupreme Court of the United States · 1967
  2. Reno v. . BullNew York Court of Appeals · 1919
  3. Ochs v. . WoodsNew York Court of Appeals · 1917
  4. James-Dickinson Farm Mortgage Co. v. HarrySupreme Court of the United States · 1927
  5. Lowrie v. CastleMassachusetts Supreme Judicial Court · 1916

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