Economy Building & Loan Ass'n v. West Jersey Title, &c., Co.
Supreme Court of New Jersey
This action is upon contract. Its purpose is the recovery •of damages alleged to have been suffered by plaintiff because it made a loan on the security of a mortgage on real estate upon the faith of a certificate of defendant that it was free from prior encumbrances, which certificate was untrue, there being, in fact, a prior recorded encumbrance, the foreclosure ■of which caused the loss of plaintiff’s loan.
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This action is upon contract. Its purpose is the recovery •of damages alleged to have been suffered by plaintiff because it made a loan on the security of a mortgage on real estate upon the faith of a certificate of defendant that it was free from prior encumbrances, which certificate was untrue, there being, in fact, a prior recorded encumbrance, the foreclosure ■of which caused the loss of plaintiff’s loan. Plaintiff has set out his cause of action in two special •counts and defendant has demurred to each.
1Opinion of the Court
The opinion of the court was delivered by
Magie, Chief Justice.
It is not claimed that there has 'been imposed by law upon defendant a duty in respect to the transaction with plaintiff, for the breach of which an action would lie under the authority of Appleby v. State, 16 Vroom 161.
In the opinion of Mr. Justice Depue, in that case, it was •suggested whether the liability of a county clerk for untrue •statements in a certificate of search of title would arise out ■of his official position, or rather out of his employment to make the search, in which ease his liability would extend only in favor…
2Cited by15 opinions
- Rozny v. MarnulIllinois Supreme Court · 1969
- H. Rosenblum, Inc. v. AdlerSupreme Court of New Jersey · 1983
- United States Pipe & Foundry Co. v. City of WacoTexas Supreme Court · 1937
- United States Pipe & Foundry Co. v. City of WacoTexas Supreme Court · 1937
- Pabon v. Hackensack Auto Sales, Inc.New Jersey Superior Court Appellate Division · 1960
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