Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: uk supreme court Year: 1881 Page 3 of about 55 results (0.041 seconds)

1881

insurance Company Vs. Trefz

Court : US Supreme Court

Decided on : Jan-01-1881

..... they are in any respect untrue, they avoid the contract and prevent a recovery upon the policies." page 104 u. s. 203 the question, then, for the jury was this: was the answer of trefz to the question whether he ..... from the testimony that the insured, whether willfully or otherwise, made a statement in his application which amounted to an untruth, it will not do to refuse to enforce the contract which the husband and wife entered into on the ground that it would be a hardship to the widow." and in another part of the charge the court said, "if ..... times and places to contradict him. it is insisted, however, in argument that there is substantial error in the above charges and refusal to charge, reversing the rule of interpreting contracts according to the ordinary sense of the language employed, and subverting the principle, for which aetna life insurance co. v. france, 91 u. s. 510 and jeffries v. life insurance ..... agree that all the statements contained in the original application and declaration for the said policy were true and valid when made, and are hereby made the basis of the contract between myself and the said company for the new policy hereby solicited." the other agreement was in the same form, and asks for a policy of $8,500, and both .....

Tag this Judgment!

1881

James Vs. Campbell

Court : US Supreme Court

Decided on : Jan-01-1881

..... in that court a claim for the unauthorized use of a patented invention, although where the tort is waived and the claim is placed upon the footing of an implied contract, we understand that the court has in several recent instances entertained the jurisdiction. it is true it overruled such a claim on the original patent in this case, presented in ..... to a patent for an invention like this, which can be of use to no one but the government of the united states and which is therefore in effect a contract by the united states that it will not use that which is essential to some of its most important operations without paying to the patentee whatever he may demand for .....

Tag this Judgment!

1881

United States Vs. Steamship Co.

Court : US Supreme Court

Decided on : Jan-01-1881

..... it was not intended to consent to a reopening of the question touching the character of any vessel in which the mails had been carried under that contract, and such was the view taken by the court of claims. after the case was remanded, that court was informed by a letter from the ..... accordingly. the character of the vessels and the performance of the voyages were then adjudicated and fixed, and were no longer open to inquiry. the contract contained a provision that suitable fines and penalties should be imposed by the postmaster general for delays and irregularities in the performance of the service, and ..... it is argued by counsel for the united states that because the whole of the voyage was not performed in vessels of the character required by the contract, the entire claim therefor is invalidated. the court of claims was of opinion that this matter was not open to inquiry under the ruling made ..... the only one then considered, was, whether the mails had been carried by the company between san francisco and hong-kong in such vessels as the contract required. the finding of facts by the court of claims enabled us to decide, that apart from those of the "city of pekin," which was ..... of claims syllabus 1. the court holds that all questions relating to the character of the vessels employed by the pacific mail steamship company in executing ita contracts with the united statea and to the performance of the voyages were determined in steamship company v. united states, 103 u. s. 721 , and .....

Tag this Judgment!

1881

Chicago, Milwaukee and St. Paul Ry. Co. Vs. United States

Court : US Supreme Court

Decided on : Jan-01-1881

..... not be made against a company whose road had been the subject of a land grant when the service had been rendered during the term of a written contract for four years, which had not terminated when the act took effect. the question in the present case, therefore, whether the railroad of the company was ..... chicago, milwaukee, and st. paul railway company to recover compensation withheld by the postmaster general, claimed to page 104 u. s. 688 be due upon a written contract for mail service entered into july 1, 1875, for the period of four years. the amount in controversy had been retained by the postmaster general as a reduction ..... provisions of the act of july 12, 1879, c. 179, 19 stat. 78, touching a reduction of rates for railway service, do not apply to a contract then in force which provided for transporting the mails for a term of years. the facts are sufficiently stated in the opinion of the court. mr. justice matthews ..... the new law without dissent or protest, it was to be presumed that they acquiesced in its provisions and accepted the change which it made in their contract. page 104 u. s. 689 we are unable to agree with this view for the reasons already stated. that act was not intended to apply to ..... the case of contracts previously made for a term of years, not expired when it took effect. the judgment of the court of claims must therefore be reversed and the cause .....

Tag this Judgment!

1881

Printing House Vs. Trustees

Court : US Supreme Court

Decided on : Jan-01-1881

..... the representatives of the contributors, occupy a relation to the general foundation similar to that of a subscriber to its funds. they stand upon the terms of an agreement or contract by which, in effect, they engage, upon certain conditions, to contribute and pay over to the central institution the money entrusted to them. they cannot be considered as bound in ..... 104 u. s. 717 united states. said trustees are authorized to purchase land and erect, purchase, or rent buildings for the use of said institution, and to make all such contracts as may be necessary to accomplish the purposes of their incorporation. . . ." "sec. 2. the trustees shall elect annually a president, a treasurer, and a secretary, who shall hold their offices ..... of trustees to aid in establishing a publishing house to print books, &c.;, for the benefit of the blind," with power to use a common seal, and to make such contracts as might be necessary to effect the objects of their corporation. by sec. 3, dempsey sherrod was appointed general agent of said board to solicit subscriptions and contributions for the ..... the legislature may possess to modify the organization of an established charity in point of form, it cannot change an executory contract to contribute to such charity. the power to do this would in effect be a power to make a contract for a party which he is himself unwilling to make. the authorities which affirm the legislative power to modify the .....

Tag this Judgment!

1881

National Bank Vs. Watsontown Bank

Court : US Supreme Court

Decided on : Jan-01-1881

..... rights as a stockholder, and to the customary certificate, as evidence of its ownership. on the supposition that not the legal title, but only an equity, based on an executory contract for a transfer, passed to the appellants, by virtue of the transaction with the cashier of the watsontown bank, their right to the relief prayed for is not less clear ..... complete and unencumbered title to the stock, and a right to the usual certificate as evidence of his ownership. 3. that had b. acquired merely an equity based on his contract, the legal right of the bank to assert its lien was lost by its own laches, and the enforcement of it would, under the circumstances, operate as a fraud. the .....

Tag this Judgment!

1881

Davenport Vs. County of Dodge

Court : US Supreme Court

Decided on : Jan-01-1881

..... that the county, which does have a corporate existence and can contract and be contracted with, and upon whose officers is imposed the duty not only of issuing the bonds, but of providing for the payment of them, is the political entity bound by ..... an obligor bound to do what it is agreed shall be done. precincts in nebraska are but political subdivisions of a county. they have no corporate existence, and cannot contract or be contracted with. they have no corporate officers, and can neither sue nor be sued. certain officers are elected by the voters of precincts for political, administrative, and judicial purposes, but ..... a ward to a city. having no corporate existence, no separate municipal authority, they cannot, says again the supreme court of the state in the case last cited, "enter into contracts directly or indirectly, nor assume obligations which a court might be called on to enforce." hence the precinct cannot become the obligor of precinct bonds, and we think it follows ..... of the electors of said precinct voting in favor of the proposition. " page 105 u. s. 239 "and whereas the smith bridge company, of toledo, ohio, have entered into a contract with said county commissioners to furnish the necessary materials, and to build and construct said bridge referred to in the foregoing proposition:" "wherefore this bond, with others, is issued in .....

Tag this Judgment!

1881

United States Vs. Railroad Company

Court : US Supreme Court

Decided on : Jan-01-1881

..... agreed statement of facts, from which it appears that the goods belonged to the united states; that they were intended for the indian service; that the united states had a contract with dwight j. mccann for their transportation from new york to the white river agency in colorado; that they were put into his hands for transportation under his ..... contract; that he agreed with the railroad company for their transportation from omaha to rawlins; that the company carried them as a common carrier under this agreement to the place of .....

Tag this Judgment!

1881

Guaranty Company Vs. Board of Liquidation

Court : US Supreme Court

Decided on : Jan-01-1881

..... in aid of the mississippi and mexican gulf ship canal company were specially designated as questioned and of doubtful validity. after this act was passed, the new york guaranty and indemnity company, being desirous of funding its bonds under the provisions of act no. 3, filed its petition in the fifth district court of the parish of orleans, praying that the ..... to the holders of its securities that were valid in the hands of the first page 105 u. s. 625 taker. such being the case, no obligation of the original contract has been impaired. every legal right which the original taker acquired when the bond was put out still remains. the guaranty company may enforce all such rights now in any ..... way. bonds to the amount of $480,000 were put out, purporting on their face to have been issued under the authority thus granted, and the new york guaranty and indemnity company, for all that appears to the contrary, became the bona fide holder of $250,000 of this amount. on the 24th of january, 1874, act no. 3 of 1874 ..... the contents of the bonds, and a. having the same right to enforce payment as he ever possessed, the statute as thus construed does not impair the obligation of any contract. the case is stated in the opinion of the court. page 105 u. s. 623 mr. chief justice waite delivered the opinion of the court. the federal question which this .....

Tag this Judgment!

1881

CorbIn Vs. County of Black Hawk

Court : US Supreme Court

Decided on : Jan-01-1881

..... an adverse title to the lands. but we cannot take this view of the case. the suit is really one for the specific performance of the contracts, to enforce them, to realize the fruits of the rights secured by them to the purchasers, and to reinstate the plaintiff in the position which ..... of the parties, or that the plaintiff's several assignors could have maintained actions in the circuit court against the demurring defendants upon the said several contracts. the court states in its decree that it had heard argument upon the question of jurisdiction and upon no other, and that it dismissed the ..... said county, and wm. h. mcclure, for the conveyance of said lands, and i hereby sell and assign to said corbin all my rights under said contract, covenanting with him that i have not sold, assigned, or transferred the same to any person or persons." "in witness whereof i have hereunto set my ..... the land, and the amounts of money mentioned. it is in these words: "school-fund commissioner's office" "black hawk county, july 10, 1857" "contract made and entered into between john kerr, as school fund commissioner for the county of black hawk, iowa, and abraham carey, of the county of black hawk ..... that his assignor, who claim an interest in the respective tracts, are, with the county and its officers, necessary parties, although by the terms of the contract the governor of the state was to execute the conveyance; 2. that the value of the matter in dispute between the complainant and the county is the .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //