Whiteman v. Merion Title & Trust Co.
Superior Court of Pennsylvania
Appeal, No. 63, Oct. T., 1903, by plaintiff, from order of G. P. No. 1, Phila. Co., March T., 1903, No. 503, discharging rule for judgment for want of a sufficient affidavit of defense in case of Owen L. Whiteman v. Merion Title & Trust Company. Assumpsit upon a policy of title insurance. The facts appear by the opinion of the Superior Court. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Porter, J.,
This is an action upon a policy of title insurance under the provisions of which the defendant company agreed to “indemnify, keep harmless and insure,” the plaintiff, “from all loss or damage, not exceeding $1,500, which the said insured shall sustain by reason of defects or unmarketability of the title of the insured to the estate, mortgage or interest described in Schedule A, hereto annexed, or because of any liens on it or incumbrances, charging the same at the date of this policy.” The property described in the schedule referred to consisted of two mortgages, of §750…
2Cases cited2 opinions
- Lycoming Insurance v. Mitchell & BoyleSupreme Court of Pennsylvania · 1864
- Wheeler v. Real Estate Title Ins. & Trust Co.Supreme Court of Pennsylvania · 1894
3Cited by8 opinions
- Fifth Mutual Building Society of Manayunk's AppealSupreme Court of Pennsylvania · 1934
- Kentucky Title Company v. HailCourt of Appeals of Kentucky (pre-1976) · 1927
- Narberth Building & Loan Ass'n v. Bryn Mawr Trust Co.Superior Court of Pennsylvania · 1936
- Sattler v. Philadelphia Title InsuranceSuperior Court of Pennsylvania · 1960
- Demopoulos v. the Title Insurance CompanyNew Mexico Supreme Court · 1956
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