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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: uk supreme court Page 7 of about 8,236 results (0.078 seconds)

Jun 02 1902 (FN)

Hoffeld Vs. United States

Court : US Supreme Court

..... limited liability act, who, as above stated, takes the interest of the owner in the vessel and freight, but not his interest in a collateral contract of insurance. the contract evidenced by the statute is really a contract of indemnity, and provides, much like a policy of insurance, that, if the owner lose his property he shall recover what he paid for it. we ..... such interest under the law did not operate as an assignment of his insurance upon the vessel, which was a collateral contract, personal to the insured but not conferring upon him any interest in the property -- in other words, the contract of insurance does not attach itself to the thing insured or go with it when it is transferred. see cases cited ..... see no reason why the general rule above stated, that a contract of insurance does not accompany a transfer of the thing insured, does not apply to this statute. it .....

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Jan 06 1903 (FN)

Hartford Fire Ins. Co. Vs. Wilson

Court : US Supreme Court

..... ; that the condition upon which they were deposited with the agent of the insured failed, and therefore that, at the time of the fire, there was no subsisting contract of indemnity between the company and the insured. the judgment of the court of appeals is reversed, and the case remanded to that court with instructions to set aside its judgment ..... or statements made by the agent of the company, and not contained in the contract of insurance, would have formed no part thereof, and could not have been insisted upon by the plaintiff as against the defendant company. . . . insurance companies may with entire ..... executed instruments between the parties. all negotiations had before such event and all parol agreements between the assured and the agent of the defendant would have been merged in the contract evidenced by the policies themselves had the negotiations been carried out as intended, and such policies been absolutely delivered to and accepted by the plaintiff. hence, any oral representation ..... of the majority, after referring to other cases of conditional delivery (some of which we have notice in this opinion), stated as a reason for distinguishing this case: "the contracts and instruments involved in those cases are very different from the policies of insurance sued upon. these are elaborate instruments, and abound in stipulations and conditions. among these, note the .....

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Feb 21 1910 (FN)

Penman Vs. St. Paul Fire and Marine Ins. Co.

Court : US Supreme Court

..... and appliances in daily use in the business of the company. the rules of construction applicable to such a contract of insurance are well settled. the object of the contract is indemnity against the loss by fire of the business plant, or any portion of it, while used and occupied by ..... effective for the protection of the insured. in other words, the contract should be liberally construed in aid of the indemnity which was in contemplation of the parties who made it. w. & a. pipe lines ..... removed to the united states court for the western district of pennsylvania. plaintiff's statement, to use the local name for her pleading, alleged a contract of insurance whereby the insurance company insured, for the term of three years, against direct loss by fire, "a two-story shingle-roofed building, ..... against modification by custom of trade or manufacture or by agents, and are unambiguous, courts cannot admit parol testimony to alter the written words of the contract. northern assurance co. v. grand view building association, 183 u. s. 308 . 151 f. 961, affirmed. the facts, which involve ..... the owners in the manner and for the purposes for which it was designed. if its provisions are susceptible of two or more interpretations, that one should be adopted that will make the contract .....

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Jan 13 1913 (FN)

El Paso and Southwestern R. Co. Vs. Eichel

Court : US Supreme Court

..... quarry, crush, prepare, and deliver ballast at the rate of 750 cubic yards for each day's work at prices fixed by the contract. the contract contained a clause providing that monthly payments to the extent of 90 percentum of the engineer's estimates should be made to the defendants in ..... specially set up or claimed." an examination of the record discloses that, while it was repeatedly insisted that the rights of the parties under the contract should be determined according to the law of the territory of new mexico, that such law was to be ascertained from the reported decisions of this ..... u. s. 298 . at the conclusion of the evidence, the defendant, among other special charges, requested the court to instruct the jury that the contract sued on provided that the decision of the company's engineer of maintenance of way should be final and conclusive in any dispute between the parties relative ..... the incapacity of the plant and the unsuitability of the coal and water, plaintiffs were prevented from producing the quantity of ballast required by the contract, and which they had a right to produce and would have produced but for the defendant's alleged defaults; that the cost of the ..... the action was brought by defendants in error in the district court of el paso county, texas, to recover damages for certain alleged breaches of contract committed by the railroad company, now plaintiff in error. damages were recovered accordingly, and the judgment awarding them was affirmed by the court of civil .....

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Dec 06 1937 (FN)

Fidelity and Deposit Co. Vs. Pink

Court : US Supreme Court

..... with such loss and the payment thereof." the allemannia policy contained no equivalent terms. it provided: "upon receiving notice of any loss or claim under any contract hereunder reinsured, the said reinsured company shall promptly advise the said allemannia fire insurance company at pittsburgh, pennsylvania, of the same, and of the date and ..... and should have been sustained. we do not question the general rules concerning liability of reinsurers announced in the allemannia case; but the liability under any written contract must be determined upon consideration of the words employed, read in the light of attending circumstances. here, the two insurance companies stood upon an equal footing ..... the affirmance of a judgment of the district court, 15 f.supp. 715, in favor of the present respondent in an action against the petitioner upon a contract of reinsurance. mr. justice mcreynolds delivered the opinion of the court. in 1930, southern surety company, a new york corporation, issued to john de martini company ..... 's liability. allemannia insurance co. v. fireman's insurance co., 209 u. s. 326 , distinguished. p. 302 u. s. 227 . 2. liability under a contract of reinsurance must be determined upon consideration of the words employed, read in the light of attending circumstances. p. 302 u. s. 229 . page 302 u. s. ..... : "the reinsurer shall be entitled to share with the reinsured, in the proportion defined in section 2 hereof, any collateral security or indemnity held by the reinsured. . . ." .....

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May 23 1938 (FN)

Aetna Ins. Co. Vs. United Fruit Co.

Court : US Supreme Court

..... in the effect of the valuation clause, in fixing the liability of the insurer, do not alter the character of the valued policy as a contract of indemnity, or afford any basis for alteration of his rights as an indemnitor. whether, upon a valued or an open policy, he is entitled to ..... to exclude proof of actual value when relevant. p. 304 u. s. 435 . 3. the valued policy, like an open policy, is a contract of indemnity; in either case the indemnitor is entitled to share in the insured's recovery of damages for loss of the ship only by page 304 u. s ..... the litigation. petitioners submit no interest computations, and have otherwise made no effort to sustain the burden of proving that respondent has received more than indemnity for the delay in payment of as much of the loss as was not covered by insurance. since the expenses have been apportioned by charging the ..... as a co-insurer of the hull in event of total loss. petitioners make no contention that respondent, if so regarded, has received more than appropriate indemnity after the distribution of the proceeds of the collision suit. the total insurance received by respondent from the insurers in 1918 and 1919, aggregating $886, ..... for would require a radical departure from the principle on which subrogation is founded. consistently applied, it would in some cases deprive the insured of indemnity, and indeed might enable the insurer to make a profit by recovering more from the insured than the amounts paid on the policy. we are unable .....

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May 28 1956 (FN)

Commissioner Vs. Lobue

Court : US Supreme Court

..... . s. 177 , 324 u. s. 695 , does not require an opposite result. in that case, smith's employer, western, had undertaken the management of a reorganized corporation, hawley, under a contract by which western was to receive as compensation for its managerial services a specified amount of stock in hawley if it was successful in reducing hawley's indebtedness by a ..... , gave smith, who was active in the hawley reorganization, an option to buy at the then-existing market price, a fixed share of any hawley stock received under the management contract. the management contract was successfully performed, and a part of the hawley stock received by western -- the value of which was, of course, substantially enhanced by the performance of the ..... the gain that would accrue to smith upon the successful performance of the management contract was intended as "compensation" to him for his services was no doubt amply justified. but, as the court expressly stated in upholding that finding: "it, of course, does not follow ..... contract -- was sold to smith at the option price. under the peculiar facts of that case -- more analogous to an assignment to an employee of a share in the anticipated proceeds of a contract than to the usual employee stock option plan -- the tax court's finding that .....

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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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1816

Thompson Vs. Gray

Court : US Supreme Court

..... against those tickets before any security was given or offered, and whilst said tickets remained in the hands of defendant, awaiting the completion of said contract on the part of the plaintiff in respect of the stipulated security." which instruction the court gave, but also instructed the jury "that upon ..... to the plaintiff to vest the property of the said tickets in him upon his giving or tendering approved security according to the terms of the contract, in a reasonable time thereafter, and that the tender of the security, as before stated, was in reasonable time." "3d. that the selection ..... the prize ticket, but a selection and setting apart of such tickets as were to be delivered to the plaintiff, when he should comply with his contract in giving the stipulated security." which instruction the court gave, but also directed the jury "that such selection and setting apart, as aforesaid, was ..... as the thing purchased, is as completely identified and as absolutely sold as if it had been selected previous to the sale and specified in the contract. this was an action of trover instituted by the defendant in error, against jonah thompson, agent for the managers of the potomac & shenandoah ..... merely as collateral security, and that the vendee was entitled to recover the amount of the prize. the clause respecting security in the above contract formed not a condition precedent on which the sale was made to depend, but a condition subsequent the performance of which might be suspended until .....

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