Legal Opinion

In re the Liquidation of Lawyers Title & Guaranty Co.

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

Decided June 11, 1943PublishedCited by 2 opinions

1Opinion of the CourtTownlby, J.

This proceeding was brought to determine whether a priority exists in favor of certain mortgage certificates sold to the general public as against other certificates of the same issue retained by the Lawyers Title and Guaranty Company (hereinafter called the Title Company) and transferred by it as collateral for loans made to it.

Prior to 1930, the Title Company acquired Mortgage No. 424, 421 in the principal amount of $2,231,000. Certificates amounting to $2,109,913.11 were sold to the general public. Three certificates, Nos. 5, 315 and 535 amounting to a total of $121,000 were claimed to be…

2Cases cited10 opinions

  1. Markham v. . JaudonNew York Court of Appeals · 1869
  2. Griffey v. New York Central InsuranceNew York Court of Appeals · 1885
  3. Matter of Empire State Surety Co.New York Court of Appeals · 1915
  4. Colorado & Southern Railway Co. v. BlairNew York Court of Appeals · 1915
  5. Matter of Estate of StrautNew York Court of Appeals · 1891

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3Cited by2 opinions

  1. In re the Liquidation of Lawyers Title & Guaranty Co.New York Supreme Court · 1944
  2. In re the Liquidation of Lawyers Title & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1945

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