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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: uk supreme court Year: 1856 Page 1 of about 12 results (0.047 seconds)

1856

Scott Vs. Sandford

Court : US Supreme Court

Decided on : Jan-01-1856

..... affected by the same considerations. if the laws of congress governing the territory of wisconsin were constitutional and valid laws, there can be no doubt these parties were capable of contracting a lawful marriage, attended with all the usual civil rights and obligations of that condition. in that territory, they were absolutely free persons, having full capacity to enter into ..... agreement between the grantor and grantee, but this form or similitude, as is justly remarked by mr. madison, is rendered null by the absence of power or authority in the contracting parties and by the more intrinsic and essential defect of incompatibility with the rights and avowed purposes of those parties, and with their relative duties and obligations to others. if ..... to property and the rights or property held in common by the confederated states is illustrated by the first clause of the sixth article. this clause provides that "all debts, contracts, and engagements entered into before the adoption of this constitution shall be as valid against the united states under this government as under the confederation." this provision, like the one ..... justices before whom the offender shall be convicted." and "that none of her majesty's english or scottish subjects, nor of any other christian nation, within this province, shall contract matrimony with any negro or mulatto; nor shall any person, duly authorized to solemnize marriage, presume to join any such in marriage, on pain of forfeiting the sum of fifty .....

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1856

Thomas Vs. Osborn

Court : US Supreme Court

Decided on : Jan-01-1856

..... in the account against leach, coupled with the account against the barque and owners, proves conclusively that the parties intended to make no special contract with leach for those repairs and supplies, nor to take any special hypothecation or bottomry on the vessel, but dealt with one another upon ..... from him and paying his drafts and settling his account without making the slightest objection to allow him one-half the freights, according to the contract, for his services as master. and the charge of taking the vessel to the pacific and illegally detaining her there for his own benefit ..... the liability of the vessel. for whatever may be the rights and liabilities of the master and owners as between themselves upon their private contract, they cannot affect the rights of third parties dealing with him in his character of master and furnishing necessary repairs and supplies in a foreign ..... in this character. all of his rights were inseparably connected with his official relation to the vessel and depended upon it. the inducement to the contract was the confidence which the owners reposed in his seamanship, integrity, and capacity for business. it was a personal trust, which he could not ..... exception to the general maritime code of the united states, to which vessels belonging to the ports of other states, and sailing under the usual contract with the master, for certain wages, are subjected, and the parties making the repairs or furnishing the supplies will be deprived of the securities .....

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1856

Slater Vs. Emerson

Court : US Supreme Court

Decided on : Jan-01-1856

..... the plaintiff was making. the whole matter was talked over, in the presence of the plaintiff. we regarded it as of very great importance. i considered the loss of that contract equal to a quarter of a million of dollars, and the plaintiff said half a million. committees from norwich & worcester railroad and steamboat companies came on to make the ..... norwich & worcester railroad companies should make a new contract. they preferred to contract with us instead of the boston & worcester railroad company, provided our road could be ready to run by december 1, 1854. the only part of our road, as ..... from boston to new york between the boston & new york central railroad company and the norwich & worcester railroad company, and the steamboat company plying between norwich and new york. the contract then existing between said steamboat company and norwich & worcester railroad company with the boston & worcester railroad company would expire about december 1, 1854. it was necessary that said steamboat and ..... were required to be built on the road, emerson furnishing all the materials excepting the iron rails, chains, and spikes, which were to be furnished by the railroad company. this contract was dated the 23d of december, 1853, and signed by the parties. a receipt, dated november 15th, 1854, signed by emerson, acknowledged the payment of forty-four hundred dollars .....

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1856

E. J. Dupont De Nemours and Co. Vs. Vance

Court : US Supreme Court

Decided on : Jan-01-1856

..... that these articles establish as the page 60 u. s. 181 law of france that the freighter of a ship is obliged by a contract or quasi- contract to the master to contribute his share of an average contribution, and that the master engages to indemnify the freighter whose property has suffered or ..... his merchandise jettisoned, he has a lien for that part of its value which the vessel and its freight are bound to contribute towards his indemnity for the sacrifice which has been made for the common benefit. and this lien on the vessel is a maritime lien, operating by the maritime ..... exonerated from the delivery of the merchandise, and has only to respond for that part of its value which is his just contributory share towards indemnity for the common loss by the jettison. a jettison the necessity for which was occasioned solely by a peril of the sea is a loss ..... am not prepared to admit that this can be done by judicial authority. the commercial systems of great britain and the united states recognize no such contract between the masters and freighters as the french code establishes; they invest the master with no such privilege upon the property of the shippers; they ..... average) that the right to contribution in general average is dependent on the contract of affreightment, which embraces in effect an undertaking, that if the goods of the shipper are damaged for the common benefit, he shall receive a due indemnity by contribution from the owners of the ship, and of other merchandise benefited .....

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1856

Hartshorn Vs. Day

Court : US Supreme Court

Decided on : Jan-01-1856

..... the patent left in chaffee was the right reserved for his own personal use. the annuity and indemnity against the expenses of the renewal were the compensation received by him for parting with the improvement. the contract of the 12th november has no material bearing upon this part of the case. most of the ..... of avoiding the obligation is not admissible as between parties and privies to the deed, and more especially where there has been a part execution of the contract. the difficulties are in adjusting the rights and equities of the parties in a court of law, and hence, in the states where the two ..... of brooks v. stolly, 3 mclean 526, and woodworth v. weed, 1 blatchford 165, have no application to this case. the attempt to rescind the contracts, being thus wholly inoperative and void in the opinion of the court, of course no interest in the patent passed to day under the assignment of the 1st ..... goodyear. the only provision important to chaffee is the stipulation for the increased annuity of $1,500. 2. then as to the attempted rescindment of the contracts. the agreement of 6 september had been in force from its date down to 1 july, 1853, a period of two years and nearly ten months. ..... at all the expense of sustaining and defending the patent, and chaffee reserves to himself the right to use the improvement in his own business. this contract was entered into without the privity of goodyear, and changed materially the terms and conditions of that made by him with chaffee on the 23d may. .....

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1856

Vandewater Vs. Mills

Court : US Supreme Court

Decided on : Jan-01-1856

..... thereon, and because it was assumed in the argument that if this contract was in the nature of a charter party, or had some features of a charter party, the court would extend the maritime lien ..... law. we have examined this case from this point of view because the libel seems to take it for granted that every breach of contract, where the subject matter is a ship employed in navigating the ocean, gives a privilege or lien on the vessel for the damages consequent ..... allegation of error in this decree, the learned counsel for the appellant has endeavored to establish the following proposition: "agreements for carrying passengers are maritime contracts, pertaining exclusively the business of commerce and navigation, and consequently may be enforced specifically against the vessel by courts of admiralty proceeding in rem. ..... run the two ships in connection for one voyage, on terms as follows, viz.: " "of all moneys received from passengers and for freight contracted through between new york and san francisco, both ways, the uncle sam shall receive seventy-five percent, and the america shall receive twenty-five percent ..... the circuit court of the united states for the district of california syllabus maritime liens are stricti juris, and will not be extended by construction. contracts for the future employment of a vessel do not, by the maritime law, hypothecate the vessel. the obligation between ship and cargo is mutual .....

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1856

Commercial Mut. Marine Ins. Co. Vs. Union Mut. Ins. Co.

Court : US Supreme Court

Decided on : Jan-01-1856

..... writing, to proposals for insurance and to bind their principals by such assent. nor do we deem it essential to the existence of a binding contract to make insurance that a premium note should have been actually signed and delivered. the promise of the plaintiffs to give a note for the premium ..... is at liberty to execute those promises or to refuse to do so, at its option. the power of the president to enter into this contract to make insurance is nowhere denied in the answer. all that can bear on this subject occurs in certain statements concerning the usual course of business ..... concluded by and between mr. storey and the president at this interview on monday the 26th of december. the paper contained every particular essential to a contract to make reinsurance. it ascertained the subject of insurance, the commencement and duration of the risk, the parties, the interest of the assured, and the ..... decree of the circuit court of the united states for the district of massachusetts, in a suit in equity, to compel the specific performance of a contract to make reinsurance on the ship great republic. the circuit court made a decree in favor of the complainants, and the respondents appealed. it appears ..... practice, and thereby an idea held out to the public that the president had such power. it is not essential to the existence of a binding contract to make insurance, that a premium note should have been actually signed and delivered. the facts are stated in the opinion of the court. mr. .....

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1856

Mccullough Vs. Roots

Court : US Supreme Court

Decided on : Jan-01-1856

..... henry lewis for the year 1854 confers on the former a plenary power to dispose of the consignments to be made for advances under that contract. the contract of april did not alter or modify this term in the engagement. henry lewis was then in arrears to them. he had involved his ..... mccullough and culbertson excepted, as well as to the refusal of the instructions moved for, and assign these decisions as errors in this court. the written contract of november, 1853, which arranged the terms and course of business between the plaintiffs below (roots & coe) and adams & buckingham, their principal, with ..... coe agree to refund the freight from indianapolis to this point, being one dollar and fifty cents per hogshead." "henry lewis" at the time this contract was made, the property specified in it was not in store at cincinnati, but a portion was delivered to the plaintiffs roots & coe the day ..... therefor, they would extend their advances to henry lewis until he could make the best disposition of them. this was assented to, and the contract hereafter mentioned was made. samuel lewis had not interfered with the business of henry; nor did he control the property which his receipts from time ..... plaintiffs are merchants in cincinnati, ohio, who, on their own account, and as agents for adams & buckingham, of new york, in november, 1853, contracted with henry lewis of the same city to make advances upon his consignments of bacon, pork, and similar articles of provisions which these consignees were to .....

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1856

United States Vs. Le Baron

Court : US Supreme Court

Decided on : Jan-01-1856

..... comply with this requirement. the bond must therefore be accepted by the postmaster general as sufficient in point of amount and security before it can have any effect as a contract. otherwise, the postmaster might enter on the office merely on giving page 60 u. s. 77 a bond which, on its presentation, the postmaster general might reject as insufficient. in .....

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1856

Pratt Vs. Reed

Court : US Supreme Court

Decided on : Jan-01-1856

..... the mortgagees are entitled to the proceeds in the registry. this is the case of a foreign ship, the vessel belonging at buffalo as her home port, and the debt contracted at erie, in the state of pennsylvania. we do not intend to express any opinion as to the necessity required to create liens upon vessels, under the local law of .....

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