Legal Opinion

People v. Title Guarantee & Trust Co.

Appellate Division of the Supreme Court of the State of New York

Decided March 5, 1920PublishedCited by 9 opinions

Appeal by the defendant, Title Guarantee and Trust Company, from two judgments of the Court of Special Sessions of the City of New York, entered on the 5th day of July, 1918, convicting the defendant of the crime of practicing law in violation of section 280 of the Penal Law. The information in cause No. 1 was for legal services and advice in connection with the drawing and attending to the execution of three instruments, namely, a deed, a bond and mortgage of real estate.

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Appeal by the defendant, Title Guarantee and Trust Company, from two judgments of the Court of Special Sessions of the City of New York, entered on the 5th day of July, 1918, convicting the defendant of the crime of practicing law in violation of section 280 of the Penal Law. The information in cause No. 1 was for legal services and advice in connection with the drawing and attending to the execution of three instruments, namely, a deed, a bond and mortgage of real estate. The information in cause No. 2 was for like services in connection with the drawing of a contract in writing for the sale…

1Opinion of the Court

Putnam, J.:

This contract of sale, deed and mortgage were drawn as part of the examination and insuring property to be covered by defendant’s title policies. Such a contract of sale which fixes the terms of the deed can hardly be held to be outside the scope of defendant’s chartered powers. Acts incidental to its business, and especially if necessary to place in insurable condition the title to be guaranteed, are held to be lawful for this defendant. (People v. Title Guarantee & Trust Co., 227 N. Y. 366.) Before starting to search, certify and insure title to land, defendant must reduce to…

2Cases cited1 opinion

  1. People v. . Title Guarantee Trust Co.New York Court of Appeals · 1919

3Cited by9 opinions

  1. Lowell Bar Ass'n v. LoebMassachusetts Supreme Judicial Court · 1943
  2. Hexter Title & Abstract Co. v. Grievance CommitteeTexas Supreme Court · 1944
  3. Judd v. City Trust & Savings BankOhio Supreme Court · 1937
  4. People v. Lawyers Title Corp.New York Court of Appeals · 1940
  5. Duncan & Hill Realty, Inc. v. Department of StateAppellate Division of the Supreme Court of the State of New York · 1978

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