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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: uk supreme court Page 7 of about 8,238 results (0.084 seconds)

Jun 10 1963 (FN)

United States Vs. Pioneer American Ins. Co.

Court : US Supreme Court

..... v. vorreiter, 355 u. s. 15 . thus, the fact that, under arkansas law, the claim for attorney's fees becomes enforceable upon default as a contract of indemnity does not foreclose inquiry by this court into the degree the claim is choate at that time. [ footnote 8 ] there is nothing in security mortgage co. ..... the claim for the attorney's fee, arising out of the obligations assumed by the taxpayer in 1958, became enforceable under arkansas law as a contract of indemnity at the time of default in october, 1960, before the filing of the first federal tax liens. furthermore, it is evidence that the suit ..... supreme court of arkansas subordinating the federal tax lien (26 u.s.c. 6321) to a lien for attorney's fees included in an antecedent mortgage contract. 235 ark. 267, 357 s.w.2d 653. because of conflict between the arkansas decision and united states v. bond, 279 f.2d 837 ..... surety made advances to complete another contract of the taxpayer, as the surety was obligated to do under its bond issued on that contract, and the taxpayer thereby became indebted to the surety. the majority held the surety's interest " ..... ball once again provides a parallel. sums due the contractor taxpayer under a particular construction contract were assigned to the surety as security for any future indebtedness of the contractor to the surety arising under that contract or any other. after the filing of the federal tax lien against the contractor, the .....

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Mar 07 1983 (FN)

Block Vs. Neal

Court : US Supreme Court

..... of a drainage ditch); and barron v. united states, 473 f.supp. 1077 (haw.1979) (failure to require a subcontractor to comply with a contract's safety requirements). [ footnote 3 ] the court of appeals found that respondent stated a claim against the united states under the common law good samaritan doctrine ..... material and labor, 1804.4(d)(7)(iv), and to determine that work was performed in compliance with all the terms and conditions of the contract before making final payment. 1804.4(d)(7)(vii). finally, he assisted the borrower with respect to claims arising under the builder's warranty. 1804 ..... all plans and specifications, 1804.4(a), and was required to give prior approval of any changes in the plans, 1804.4(d), or in the contract. 1804.4(d)(8). he was responsible for making periodic and final inspections. 1804.4(d)(6)(i)( j ). see also 1803.2, 1803. ..... agreements between respondent and fmha. the court concluded that regulations requiring fmha officials to ensure that the builder adhere to the terms of its construction contract were intended solely to protect the government's security interest, and were not intended to make fmha warrant the quality of construction for the ..... the farmers home administration (fmha) under the housing act of 1949 for the construction of a prefabricated house. she then contracted with a builder to construct the house. the contract required the work to conform to plans approved by fmha and granted fmha the right to inspect and test all materials .....

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May 31 2011 (FN)

Board of Trustees of Leland Stanford Junior Univ. Vs. Roche Molecular ...

Court : US Supreme Court

..... order 10096, which governs federal government employee-to-employer patent right assignments. post, at 9. lest there be any doubt, employees of nonfederal entities that have federal funding contracts like holodniy are not federal employees. and there is no equivalent executive order governing invention rights with respect to federally funded research; that issue is of course addressed by the ..... to obtain those rights. see id. , at 187 ( the respective rights and obligations of employer and employee, touching an invention conceived by the latter, spring from the contract of employment ). b stanford and the united states as amicus curiae contend that the bayh-dole act reorders the normal priority of rights in an invention when the invention is ..... , at 1117, 1119. the court concluded that the bayh-dole act provides that the individual inventor may obtain title to a federally funded invention only after the government and the contracting party have declined to do so. id. , at 1118. the court of appeals for the federal circuit disagreed. first, the court concluded that holodniy s initial agreement with ..... inventor s employer the federal contractor. congress has in the past divested inventors of their rights in inventions by providing unambiguously that inventions created pursuant to certain specified federal contracts become the government s property. such unambiguous language is notably absent from the bayh-dole act. instead, the act provides that contractors may elect to retain title to .....

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1807

Rhinelander Vs. Insurance Company of Pennsylvania

Court : US Supreme Court

..... the vessel may be afterwards recaptured or restored. an embargo or detention by a foreign friendly power, constitutes a total loss, and warrants an immediate abandonment. the contract of insurance is a contract of indemnity, and therefore the assured can "only recover according to the damage he has sustained." the state of the loss at the time of the offer to abandon, fixes ..... detention of foreign powers, and that a distinction between an arrest and such capture or detention has never been taken. page 8 u. s. 45 the contract of insurance is said to be a contract of indemnity, and therefore (it is urged by the underwriters, and has been repeatedly urged by them) the assured can only recover according to the damage he has ..... discharged. such is the rapidity of proceeding in a court of admiralty that its mandate of restoration is figuratively said to be "borne on the wings of the wind." commercial contracts have but little connection with figurative language, and are seldom rightly expounded by a course of artificial reasoning. merchants generally regard the fact itself, and if the fact be attended ..... case on which the courts of england do not appear to have expressly decided, and which must depend on general principles on analogy and on a reasonable construction of the contract between the parties. a capture by an enemy is a total loss although the property be not changed, because the taking is with an intent to deprive the owner of .....

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1880

insurance Company Vs. Stinson

Court : US Supreme Court

..... an auction sale; that if a party has a valid and subsisting second security for a given amount, and he enters into a contract of indemnity against the destruction of that security, and a loss by fire occurs, both parties having full knowledge of the state of the property and ..... justice says: "that an equitable interest may be insured is admitted. we can perceive no reason which excludes an interest held under an executory contract. while the contract subsists, the person claiming under it has undoubtedly a substantial interest in the property. if it be destroyed, the loss in contemplation of law ..... paid and notice be given to him of a desire on the part of the insurers to be subrogated to his rights, with a tender of indemnity against expenses. we are aware that views somewhat differing from these have been held by respectable authority, but we think without any sound reason. see ..... insurance company v. woodruff, 2 dutch. (n.j.) 541. to impose such restrictions and obligations upon the creditor would be to add to the contract of insurance conditions never contemplated by the parties, making of it a mere shadow of security and increasing the avenues of escape from obligation to pay, already ..... the title when the contract is entered into, such insurance would cover that second security, although by the subsequent course of events the older and .....

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Jan 28 1884 (FN)

American File Co. Vs. Garrett

Court : US Supreme Court

..... that neither they nor the assets of chapman in their hands are subject to the individual liability of stockholders for the debt of the corporation. the contract of indemnity did not, therefore, subject garrett & sons to any such liability. it follows that they took the bonds unaffected by any agreement in respect thereto between ..... of stock, and yielded to garrett & sons any claim to the bonds of the american file company belonging to chapman or his firm, and took an indemnity against any supposed liability which might attach to them as holders of the stock belong to the estate of chapman. in gray v. coffin, 9 cush. ..... of action which would ensue if the complainants page 110 u. s. 292 should call on the assignees for contribution, and they on garrett & sons for indemnity. after this cause was put at issue by the answer of garrett & sons and by the replication of complainants, it was removed to the circuit court ..... themselves and the bankrupt estate. if, therefore, the assignees themselves are not liable as stockholders, garrett & sons by this contract of indemnity assumed no liability, and they hold the bonds in question unfettered by any equities or conditions. it is well settled that under ..... which they might collect from them on the bonds of the company. it is clear that garrett & sons did not by this contract agree to become stockholders of the corporation or to indemnify chapman against his individual liability as a stockholder. the agreement will bear no such interpretation. the .....

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Dec 07 1885 (FN)

Baltzer Vs. Raleigh and Augusta R. Co.

Court : US Supreme Court

..... railroad company, both testified had been fully performed. the plaintiffs therefore fail in the first step necessary to entitle them to the relief prayed by their bill -- they show no contract between themselves and the railroad company. but their case must fail for another reason. the evidence in the record shows conclusively that the plaintiffs were paid by pickrell, in accordance ..... consequence of the embarrassment resulting to pickrell from the discrediting of the north carolina bonds, no iron was received by him after november 2, 1868, from baltzer & taaks on the contract of september 11, 1868, and on august 11, 1869, baltzer & taaks, by a letter of that date addressed to pickrell, released him, as far as they were concerned, "from ..... final agreement between the parties, dated september 11, 1868, was drawn up by the counsel of baltzer & taaks, and was dated and executed september 11, 1868. the introduction to this contract was as follows: "this agreement, made this eleventh day of september, one thousand eight hundred and sixty-eight, by and between messieurs schepeler and company and messieurs baltzer & taaks, of ..... company on september 4, 1868. the firm of greenleaf, norris & co. and charles gould, of new york, were interested with pickrell and whitford in the performance and profits of the contract. having thus bound themselves to build the railroad and furnish the iron, pickrell and whitford began negotiations for page 115 u. s. 636 the purchase of the iron with schepeler .....

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Mar 16 1891 (FN)

St. L., I.M. and S. Ry. Co. Vs. Commercial Union

Court : US Supreme Court

..... right of the insurer against such other person does not rest upon any relation of contract or of privity between them. it arises out of the nature of the contract of insurance as a contract of indemnity, and is derived from the assured alone, and can be enforced in his right ..... , was no bar to this action, and that the fourteenth instruction requested was rightly refused. it is not contended that the plaintiff's contracts were void for want of compliance with the provisions of the statutes of arkansas concerning foreign insurance companies, and it does not even appear ..... state respecting insurance companies were faithfully executed, declaring it to be unlawful for any person, company, or corporation to solicit or make any contract of insurance within the state without complying with the provisions of this act and requiring every insurance company or association, domestic or foreign, doing ..... sheds owing to the neglect of the defendant railway company, though often requested by the compress company, to furnish transportation according to the contract between them, the compress company piled and kept these bales and much more other cotton in the street adjoining. the defendant railway company, ..... 1887, the defendant, whose railway extended from little rock in arkansas across the arkansas river to argenta and beyond, had made an oral contract with the union compress company, which was engaged in compressing bales of cotton for transportation, to receive all cotton in bales that might be .....

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Jan 04 1892 (FN)

Simmons Creek Coal Co. Vs. Doran

Court : US Supreme Court

..... 1852, from the said two birches to the said six chestnuts, be, and the same is hereby, corrected, and the said calls made to correspond with the contract and intent of the parties to said deed as follows:" " beginning at two birches on simmons creek, corner to chrispianos belcher's land, and running thence up and ..... and inadvertence of the drawer of said deed the calls thereof from the said two birches to the six chestnuts do not conform to and carry out the contract and intentions of the parties to said deed, or to the boundary lines thereof from the two birches to the six chestnuts, it is therefore adjudged, ordered ..... by simmons creek, as above stated, which deed was never recorded and is lost, and cannot be found, and it further appearing to the court that by the contract and agreement between the said robert d. belcher and the said william h. witten, under which said deed of the 23d of december, 1852, was executed, the ..... against the operation of a written instrument on the ground that by fraud or mistake it did not express the true contract of the parties might be afforded to a plaintiff seeking a modification of the contract as well as to a defendant resisting its enforcement is well settled, it cannot be extended to enlarge the subject ..... matter of a contract or to add a new term to a writing, by parol. we need not enter upon a discussion in this regard here, as the deeds .....

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Nov 30 1896 (FN)

Willard Vs. Wood

Court : US Supreme Court

..... debtor of the principal creditor, or whether page 164 u. s. 520 the relation of suretyship or the indemnity to the surety existed or was known to the creditor when the debt was contracted. in short, if one person agrees with another to be primarily liable for a debt due from that other ..... on the mortgage; that this was an absolute promise to pay, and not merely a contract of indemnity, and that it could be proceeded on as a specialty, irrespective of whether the remedy on wood's contract with dixon was barred in the district or not. it is not denied that the enforcement ..... or the contract was open to all defenses existing between wood and bryan. city mission v. brown, 158 u ..... it is there said: "unlike the construction that has been placed upon the terms of the statute employed in the second section in regard to simple contract debts, the construction uniformly placed on the terms employed in the sixth section in regard to judgments, recognizances, and specialities of various kinds, owing to ..... the language employed in this latter section, has been different, and unyielding to circumstances that would remove the bar of the statute as applied to simple contract debts. hence, it has been uniformly held that a mere acknowledgment of the debt due on judgment, or even an express promise to pay the .....

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