Ehmer v. . Title Guarantee Trust Co.
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the second judicial department, entered August 9, 1895, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages alleged to have been sustained through the negligence of defendant in conducting a purchase of real estate for the plaintiff. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the late General Term of the Supreme Court in the second judicial department, entered August 9, 1895, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages alleged to have been sustained through the negligence of defendant in conducting a purchase of real estate for the plaintiff. The facts, so far as material, are stated in the opinion. The court erred in charging the jury that plaintiff was entitled to recover, if at all, the amount paid by her upon the purchase of the house, with interest from the date of…
1Opinion of the CourtO'Brien, J.
The defendant is a domestic corporation organized for the purpose, among other things, of examining and guaranteeing titles to real estate for hire and profit. In all matters relating to conveyancing and searching titles it holds itself out to the public and assumes to discharge the same duties as an individual conveyancer or attorney,, and hence in such transactions its duties and responsibilities are the same. In July, 1871,“the plaintiff entered into a verbal contract with the owner for the purchase of the house and lot No. 125 Fourth avenue in Brooklyn for $4,000 in cash, subject to a…
2Cases cited5 opinions
- Dillon v. . AndersonNew York Court of Appeals · 1870
- Hamilton v. . McPhersonNew York Court of Appeals · 1863
- Hymes v. . EstyNew York Court of Appeals · 1892
- Allen v. . McConiheNew York Court of Appeals · 1891
- Jenks v. . QuinnNew York Court of Appeals · 1893
3Cited by18 opinions
- Dorr v. Massachusetts Title InsuranceMassachusetts Supreme Judicial Court · 1921
- Trenton Potteries Co. v. Title Guarantee & Trust Co.New York Court of Appeals · 1903
- Blue Cross & Blue Shield of New Jersey, Inc. v. Philip Morris, Inc.District Court, E.D. New York · 2001
- Zimmer v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Glyn v. Title Guarantee & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1909
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