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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: uk supreme court Year: 1881 Page 1 of about 55 results (0.105 seconds)

1881

The Potomac

Court : US Supreme Court

Decided on : Jan-01-1881

..... the insurer is not contingent upon the loss' having been total or upon its having been followed by an abandonment, but rests upon the ground that his contract is in the nature of a contract of indemnity and that he is therefore entitled, upon paying a sum for which others are primarily liable to the assured, to be proportionally subrogated to his right ..... of law governing this question are well settled, and the only difficulty is in applying them to the peculiar facts of the case. in order to make full compensation and indemnity for what has been lost by the collision, restitutio in integrum, the owners of the injured vessel are entitled to recover for the loss of her use while laid up ..... rights and obligations arising upon the policy of insurance. north of england insurance association v. armstrong, law rep. 5 q.b. 244. the amount which, by the effect of the contract of insurance and of the payment of a loss under it, the insurers had the right to recover to their own use from the potomac and her owners, they had .....

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1881

Chicago and Northwestern Railway Company Vs. United States

Court : US Supreme Court

Decided on : Jan-01-1881

..... postmaster general would be authorized to discontinue the entire service contemplated by the contract, and the practical effect of that would be to terminate the contract itself on making the indemnity specified. but in that event, the contract being at an end, the company would no longer be under any ..... best, for discontinuing entirely, the described service, and provided for a proportionate reduction of the stipulated compensation. in no other mode could the contract be changed except by the mutual assent of the parties. any change attempted by either otherwise would have been merely a breach of the ..... case, and the ninth clause in the contracts is referred to as containing such a reservation. clearly this confers power upon the postmaster general to discontinue or curtail the service in whole or in part, he allowing, as an indemnity to the contractor, a month's extra ..... obligation except that imposed by the original conditions accepted with page 104 u. s. 685 the land grants, and the government could rightfully impose upon it no others. there is therefore, in the contract ..... pay on the amount of service dispensed with and a pro rata compensation for that retained and continued. but this is not a power to reduce the compensation for the full service performed or to alter the terms of the contract. .....

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1881

Asylum Vs. New Orleans

Court : US Supreme Court

Decided on : Jan-01-1881

..... the argument of the supreme court would go to the extent of declaring that the abrogation of the contract, effected by the constitution of 1868, was valid as to all after-acquired property, whether indemnity was provided or not, and this amounts to saying that the legislature or people of louisiana page ..... city, the qualification with which it is accompanied in the proviso is very important and not to be ignored. this qualification requires reimbursement or indemnity to those who have made advances upon the faith of the charter of incorporation. nothing of the kind has been attempted in this case. ..... property a tax the validity of which was sustained by the court below. held: 1. that imposing the tax without granting any compensation or indemnity was not a legitimate exercise of the power of dissolving corporations which is reserved in a provision of the code of louisiana. 2. that the ..... concur in this view. we think that the power of abrogation or alteration was qualified by the duty of providing indemnity to the full extent of the damage or burden caused by ..... 105 u. s. 368 had absolute power to pass a law impairing the obligation of the contract without any condition or qualification whatsoever. we cannot .....

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1881

Harvey Vs. United States

Court : US Supreme Court

Decided on : Jan-01-1881

..... and abutments were reasonably worth, in consequence of the change of locality and of plans and specifications unlawfully made by the defendants under the erroneous provisions of said contract, the sum of thirty-three thousand and six hundred dollars over and above the sums which the plaintiffs have already been paid therefor. the plaintiffs therefore pray that ..... requiring the plaintiffs to perform the labor and furnish the materials contemplated by the said invitation and proposal, and in the manner specified therein, the language employed in said contract inequitably required the plaintiffs" "to construct the said piers and abutments in accordance with such plans and specifications as may (might) be fixed by proper authority acting ..... petition, and item 4 therein being abandoned. the petitioners proceeded, under the leave granted, to amend their petition in equity by adding thereto the following allegations: "the contract mentioned in the original petition in this cause was intended to carry out and execute the specifications and agreements contained in a certain advertisement or invitation for proposals for ..... . . . . . 15,000 ------- $63,700 "the above prices for dams include the protections to the same, complete." "respectfully yours," "reynolds, saulpaugh, & co." the bid of the appellants was accepted. a contract was then drawn by a clerk of general rodman's. a rough draft of it was submitted to the appellants and, on their returning it as satisfactory, the engrossed copies .....

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1881

Koshkonong Vs. Burton

Court : US Supreme Court

Decided on : Jan-01-1881

..... it does not allow sufficient time within which to sue before the bar takes effect, and is therefore unconstitutional as impairing the obligation of the contract between the town and its existing creditors, it page 104 u. s. 676 does not follow that the entire act would fall and become ..... existing causes of action, that suits for their enforcement should be barred unless brought within a period less than that prescribed at the time the contract was made or the liability incurred from which the cause of action arose. the exertion of this power is, of course, subject to the ..... to run against them. . . . upon principle, his failure or neglect to detach the coupon and present it for payment at the time when, by contract, he was entitled to demand payment could not prevent the statute from running." but we are inclined to the opinion -- although uninformed upon the subject by ..... this state, except those mentioned in sec. 4222," while the latter section embraces, among others, "an action upon any bond, coupon, interest warrant or other contract for the payment of money, whether sealed or otherwise, made or issued by any town, county, city, village, or school district in this state" -- thus ..... in terms prescribe any limitation to actions upon sealed instruments. they were therefore embraced by the limitation of twenty years as to personal actions on contracts not covered by other provisions. the revision of 1849 was superseded by one made in 1858, which went into operation on the first day of .....

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1881

Louisiana Vs. Pilsbury

Court : US Supreme Court

Decided on : Jan-01-1881

..... , 101 u. s. 687 . "the true rule," he observes, "is to give a change of judicial construction in respect to a statute the same effect in its operation on contracts and existing contract rights that would be given to a legislative amendment -- that is to say make it prospective, not retroactive. after a statute has been settled by judicial construction, the construction ..... performed. . . . however great the control of the legislature over the corporation while it is in existence, it must be exercised in subordination to the principle which secures the inviolability of contracts." the case of von hoffman v. city of quincy, reported in 4th wallace, is a leading one on this subject. the court there said "that when a state has authorized ..... legislation, that it "shall not conflict with the prohibitions of the constitution of the united states, page 105 u. s. 301 and, among other things, shall not operate directly upon contracts of the corporation so as to impair their obligation by abrogating or lessening the means of their enforcement. legislation producing this latter result, not indirectly as a consequence of legitimate ..... park company v. armstrong, 45 n.y. 235. there were other provisions in the act of 1852 besides those stated, which, though not essential to the obligatory form of the contract, were designed to inspire the creditors with confidence in the punctual payment of the interest and principal. it declared that all ordinances, resolutions, or other acts passed by the council .....

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1881

Bridge Company Vs. United States

Court : US Supreme Court

Decided on : Jan-01-1881

..... whoever unlawfully and wrongfully imposes upon another the necessity of an unusual expenditure of money or labor or materials for the protection and preservation of his property shall make complete indemnity for the expenditure. the principle applies as fully to the acts of the government as to those of individuals, and wherever suits can be brought in the tribunals of the ..... way affect or impair the original terms of the charter by annexing new conditions or imposing additional duties onerous in their nature or inconsistent with a reasonable construction of the contract; that by its terms, the proprietors were to erect "suitable draws, which were to be not less than thirty feet wide," and that the question whether the draws already made ..... . they justified under their act of incorporation. in deciding upon their liability, the court held that the original act of incorporation, when accepted, constituted page 105 u. s. 505 a contract between them and the state by the terms of which both parties were equally bound; that the proprietors could not, without the consent of the legislature, escape or evade any ..... of congress, and the work was prosecuted until march, 1871, when it was nearly completed, the actual cost then incurred being about $807,000. the whole cost, when completed at contract prices, would have been about $1,110,000. on the 3d of march of that year, while the company was in the prosecution of the work, congress passed an act .....

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1881

Smith Vs. Mccullough

Court : US Supreme Court

Decided on : Jan-01-1881

..... been paid for. the arrangement which the receiver made with the county was, by its terms, subject to the terms and conditions of that contract. it is not, therefore, at all clear that the equities of the case are with the receiver as against the judgment creditors whose ..... master, in building, completing, and equipping the unfinished portion of the linneus branch. but he obtained no authority from the court appointing him to contract for municipal aid in the construction by him, as receiver, of the unfinished portion of the branch road. his action, in that regard, was ..... railway company had forfeited all right to the remaining bonds by reason of its failure to complete the branch road within the time prescribed by the contract of subscription, he made an arrangement with the county court of sullivan county, whereby, in consideration of the completion by him of the branch ..... installments of $40,000, as the work of construction progressed. by the terms of that contract, the railway company was entitled to receive the last installment when the branch road, with the iron and rolling stock thereon, was completed and paid ..... subscription made in 1871 in aid of the construction of the linneus branch of the burlington and southwestern railway. the entire issue, conformably to the contract of subscription, was originally deposited in the hands of mccullough, as trustee for the county and the railway company, with authority to deliver them in .....

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1881

Davis Vs. Wells

Court : US Supreme Court

Decided on : Jan-01-1881

..... want of mutuality; the case is not that of an obligation on condition, but of an offer to become bound not accepted -- that is, there is not a conditional contract, but no contract whatever." it is thence argued that the words in the instrument which is the foundation of the present action -- "we hereby guarantee unto them, the said wells, fargo, & ..... , other than the performance of the consideration, is necessary to perfect the agreement, for, as professor langdell has pointed out in his summary of the law of contracts (langdell's cases on contracts 987), "though the acceptance of an offer and the performance of the consideration are different things, and though the former does not imply the latter, yet the ..... guaranty, and, indeed, constituted the consideration and basis thereof." the agreement to accept is a transaction between the guarantee and guarantor, and completes that mutual assent necessary to a valid contract between them. it was, in the case cited, the consideration for the promise of the guarantor. and wherever a sufficient consideration of any description passes directly between them, it ..... guarantee, the guaranty becomes the answer of the guarantor to a proposal, and its delivery to the guarantee or for his use completes the communication between them and constitutes a contract. the same result follows where the agreement to accept is contemporaneous with the guaranty and constitutes its consideration. it must be so wherever there is a valuable consideration other .....

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May 05 1881 (FN)

Thorwegan Vs. King

Court : US Supreme Court

Decided on : May-05-1881

..... the plaintiff, falsely represented to him some material facts alleged in the petition, and relied on by the plaintiff, whereby plaintiff, to his damage, was induced to enter into the contract described in the petition, then they must find for the defendant." this the court refused to give, and to this refusal exception was duly taken. page 111 u. s. 554 ..... . 551 would convey to it a title free and clear of all liability on account of any existing debt -- was promissory in its nature, related to the future, depended on contract merely, and could not be, of itself, the foundation of an action for deceit. at most, it would be but a warranty of the title against encumbrances and liability for ..... not to confine his instructions to the point in issue, and when requested by the jury for instruction as to the effect of withholding information concerning the subject of the contract, not to instruct them that there was no evidence in the case which authorized their request for instructions on that point. mr. justice matthews delivered the opinion of the court ..... for the eastern district of missouri syllabus where the complaint in an action on the case for deceit by false representations whereby a party was induced to enter into a contract, charged a positive misrepresentation of an existing fact, and all the evidence intended to establish fraud was directed to the proof of that specific misrepresentation, it was error in the .....

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