Trenton Potteries Co. v. Title Guarantee & Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Trenton Potteries Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 2d day of March, 1899, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint upon the merits. This appeal was transferred from the first department to the second department.
1Opinion of the Court
Hatch, J.:
This action is brought to recover upon a policy of insurance issued by the defendant to the plaintiff, insuring the latter against “ all loss or damage, not exceeding four hundred thousand dollars, which the insured shall sustain by reason of any defect or defects of title affecting the premises described in Schedule A, hereto annexed, or affecting the interest of the insured tfierein, as described in said schedule, or by reason of uñmarketability of the title of the insured to or in said premises, or by reason of liens or incumbrances charging the same at the date of this policy;…
2Cases cited3 opinions
- Byrnes v. PalmerAppellate Division of the Supreme Court of the State of New York · 1897
- Allen v. . St. Louis Insurance Co.New York Court of Appeals · 1881
- Ehmer v. . Title Guarantee Trust Co.New York Court of Appeals · 1898
3Cited by5 opinions
- De Carli v. O'BrienOregon Supreme Court · 1934
- Cornell v. Travelers' InsuranceAppellate Division of the Supreme Court of the State of New York · 1901
- Driscoll v. Title Guarantee & Trust Co.New York Supreme Court · 1922
- Maggio v. Abstract Title & Mortgage Corp.Appellate Division of the Supreme Court of the State of New York · 1950
- Trenton Potteries Co. v. Title Guarantee & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1902