Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Page 10 of about 9,200 results (0.069 seconds)

Jan 18 1943 (FN)

Brady Vs. Roosevelt Steamship Co.

Court : US Supreme Court

..... , his only shield is a constitutional rule of law that exonerates him." furthermore, if the united states were to become the real party in interest by reason of a contract for exoneration or indemnity, a basic alteration in that concept ( minnesota v. hitchcock, 185 u. s. 373 , 185 u. s. 387 ) would be made not pursuant to a congressional policy, [ footnote 4 ..... would be a matter of favor, not of right, in many cases. for, apart from any express contract, the agent's right of exoneration or indemnity has not been thought to extend to situations where his liability was based on his own fault. 4 williston, contracts (1936 ed.) 1026. hence, we cannot conclude that in all cases where a private operator of a ..... a vessel owned by the united states maritime commission, and which the corporation operates under a contract made pursuant to 707(c) of the merchant marine act of 1936, even though the contract may give to the corporation in such case a right of exoneration or indemnity against the commission. fleet corporation v. lustgarten, 280 u. s. 320 , overruled pro tanto. pp. 317 ..... ] but by reason of concessions made by contracting officers of the government. such a change would be detrimental to the interests of private claimants, as we have said, since it would subtract from the legal remedies which the law has afforded them. beyond that, it would make the existence of a right to exoneration or indemnity a jurisdictional fact. that could hardly .....

Tag this Judgment!

1855

New York and Cumberland Railroad Company Vs. Myers

Court : US Supreme Court

..... the six percent bonds of the company, and twenty-five percent in stock; one-half of the latter to be reserved for an indemnity for the fulfillment of the contract until said division of the road should be completed. the 9th section of the agreement refers to the second, third, and fourth ..... pay therefor fifty percent in cash, twenty-five percent in bonds, and twenty-five percent in stock, one-half being retained, as stipulated, for an indemnity; nor did said defendants pay the plaintiffs therefor, according to the monthly estimates of the engineer as returned by him." the breach of the covenants ..... of each monthly estimate by the engineer, a like sum in the bonds of the company, and a like sum, reserving one half thereof for indemnity, in the stock certificates of the company. "the monthly estimates to be governed by the same gradation of actual expenditures as heretofore, and the payment ..... bonds, and certificates of stock, in corresponding amounts, equal to the sum aforesaid, should be made in complete discharge of said company upon all the contracts pertaining to that section of the road. the breaches laid in the declaration, applicable to the payments, are as follows: "and the said plaintiff ..... the court. this is an action by the defendant in this court (myers) against the railroad company for the breach of the covenants in a contract made between these parties in august, 1850, by which the defendant agreed to perform certain work, incur charges and expenses, and supply equipments and .....

Tag this Judgment!

Feb 23 1904 (FN)

Banker's Mut. Cas. Co. Vs. Minneapolis, St. P. andc.; Ry.

Court : US Supreme Court

..... state bank of harvey, and upon said mailing of said letter of advice, the contract of insurance and indemnity of said registered package of currency immediately attached thereto and became a valid and complete contract of insurance and indemnity by the said bankers' mutual casualty company in favor of said german state bank." ..... at minneapolis, said package and its contents was the property of said german state bank." "that said registered package was covered by insurance and indemnity against loss while in transit through the united states mails from minneapolis to said harvey under a policy of insurance issued by said bankers' mutual ..... whether the duty counted on was imposed by law or arose from contract, the question remained whether defendant was a public agent of the united page 192 u. s. 383 states and the consequences of that relation ..... any law of the united the constitution or of any law of the united states. the complaint did indeed deny that there was any contract between defendant and the government, but that was merely a conclusion of law, inconsistent with the statutes and with the facts alleged. and ..... attach to this petition said notice or a true copy thereof." "that, during all of the period hereinbefore referred to, there was no contract of any kind between defendant and the united states government, concerning or providing for the carriage by defendant of said mails or any part thereof .....

Tag this Judgment!

1869

CopelIn Vs. Insurance Company

Court : US Supreme Court

..... account of the plaintiff, yet this was a privilege accorded to them only, that they might thus make indemnity for the loss. taking possession to make partial repairs, not amounting to indemnity, was not contemplated by the contract. it was not authorized. nor did the contract warrant taking possession of the boat, and holding her for an unreasonable time. the insurers were bound to ..... taking her to himself under the offer to abandon." the principle, said the court, rests upon the very nature of the law of insurance, which is a fair and honest indemnity for loss. the same doctrine was asserted in reynolds v. ocean insurance company, [ footnote 2 ] and it was also held that the underwriter's duty and liability in such a ..... indemnify him for the injury the boat had sustained; that it would have required an expenditure of $5,000 more to have made the additional repairs necessary to complete the indemnity; and that the plaintiff refused to receive the boat when she was tendered to him, but did not point out the deficiencies in the repairs. it was still further found .....

Tag this Judgment!

1872

Marshall Vs. Vicksburg

Court : US Supreme Court

..... by the rebellion did not suspend his right to collect, and that he had no claim for indemnity under his contract on account of such diminution. 3. the same lease providing "that in case the right to collect wharfage or rents should be defeated permanently ..... in rebellion. but the complainant's right to collect was in no wise suspended. he suffered from the war as others did, but his contract secured him no indemnity, and a court of equity can give him none. the second clause relates to the acts of the city. it declares that "in case ..... s. 147 2. a. leased a wharf from a city on the mississippi before the rebellion for a certain term, the city binding itself for indemnity if his "right to collect wharfage was suspended for any period by the intervention of third parties." held that the diminution of trade on the river caused ..... was neither "interrupted or defeated permanently" nor indeed gainsaid or questioned by the city. the claim is neither within the letter, meaning, nor equity of the contract and must be denied. it appears that marshall made two loans from the city to remove encumbrances -- one of $1,000. the amount of the other ..... the city, by her ordinance of february 7, 1852, reduced the wharfage for steamers from $5 per trip to $5 per week, in violation of the contract with the complainant, and largely to his injury. this is a grave imputation, and if established, would certainly entitle him to compensation. but the evidence shows .....

Tag this Judgment!

Mar 11 1895 (FN)

The Caledonia

Court : US Supreme Court

..... of the shipowner is to be exhausted by his having the ship seaworthy at an anterior period, the merchant would lose that complete indemnity, by means of the two contracts taken together, which it is the universal habit and practice of mercantile men to endeavor to secure." the reasons for the strict ..... circumstances, the road was bound to obtain additional engines, and use extraordinary efforts to send on the cattle trucks. but the court held that the contract entered into was to carry the cattle without delay, and in a reasonable time, under ordinary circumstances; that if a snow storm occurred which made ..... owned and employed by the claimants, henderson brothers, as common carriers. the plaintiff was a dealer in and exporter of cattle." "the terms of the contract between the parties were as expressed in the following memorandum of agreement, made before the shipment of the cattle, and in the following bill of lading, ..... to hold that he has not the benefit of a similar implication in a contract which he makes with a shipowner for the carriage of his goods, the consequence would be that he would lose that complete indemnity against risk and loss which it is the object and purpose to give him ..... by the two contracts taken together. holding as we now do the result is that the merchant, by his contract with the shipowner, having become entitled to have a .....

Tag this Judgment!

Jun 10 1946 (FN)

Hust Vs. Moore-mccormack Lines, Inc.

Court : US Supreme Court

..... u. s. 732 responsible for keeping the ship in repair and for providing the seaman's supplies. for all of these expenditures not covered by insurance the contract purported expressly to provide for indemnity from the government. [ footnote 41 ] with so much of the former relation thus retained and so little of additional risk thrown on the operating agent, it ..... vessel is chartered. as to them, their status and the status of the government employees mentioned will be made uniform." " * * * *" ". . . they will continue to have the right to indemnity through court action for injury resulting from unseaworthiness of the vessel or defects in vessel appliances, and they (and their dependents) will have the right to action under the jones ..... , the united states maritime commission was created and the functions and duties of the former shipping board were transferred to it. [ footnote 22 ] under the standard forms of contract utilized for these arrangements by the shipping board and later by the maritime commission, the private operator, though designated as "agent" somewhat in the manner of the administration's general ..... in effect reserving decision on the question of remittitur pending outcome of decision on appeal. [ footnote 10 ] acting within its authority, cf. note 3 the administration utilized these standard contracts for making arrangements with private steamship companies for the operation of many of these vessels. 46 c.f.r. (cum.supp.) 306.44. they did not cover specific vessels. .....

Tag this Judgment!

Dec 05 1973 (FN)

Golden State Bottling Co., Inc. Vs. Nlrb

Court : US Supreme Court

..... potential liability for remedying the unfair labor practices is a matter which can be reflected in the price he pays for the business, or he may secure an indemnity clause in the sales contract which will indemnify him for liability arising from the seller's unfair labor practices." 164 n.l.r.b. 968, 969 (footnotes omitted). [ footnote 3 ] see, e. ..... potential liability for remedying the unfair labor practices is a matter which can be reflected in the price he pays for the business, or he may secure an indemnity clause in the sales contract which will indemnify him for liability arising from the seller's unfair labor practices." perma vinyl corp., 164 n.l.r.b. at 969. if the reinstated ..... collective bargaining agreement. the agreement originally had been entered into with another corporation which had subsequently merged with wiley for genuine business reasons. we held that the disappearance of the contracting corporation by merger did not necessarily terminate the rights of employees guaranteed by the agreement, and that the successor employer could be compelled to arbitrate so long as there was ..... ownership with the title of general manager and "president." indeed, all american's purchase of the business was conditioned on schilling's staying on in a managerial capacity; the sales contract expressly stipulated that schilling "shall have agreed to be employed by [all american] for a period of one year after the closing date as general manager. . . ." schilling participated on .....

Tag this Judgment!

Mar 05 1934 (FN)

Nebbia Vs. New York

Court : US Supreme Court

..... or legislature are correct, or otherwise. the court below refrained from expressing any opinion in that regard, notwithstanding its declaration "that legislative authority to abridge property rights and freedom of contract can be justified only by exceptional circumstances and, even then, by reasonable regulation only, and that legislative conclusions based on findings of fact are subject to judicial review." on the ..... in peace and war, under normal conditions or in emergencies; with cheerful submission to the rule of the supreme court that legislative authority to bridge property rights and freedom of contract can be justified only by exceptional circumstances and, even then, by reasonable regulation only, and that legislative conclusions based on findings of fact are subject to judicial review, we ..... denies due process. notwithstanding the admitted power to correct existing economic ills by appropriate regulation of business, even though an indirect result may be a restriction of the freedom of contract or a modification of charges for services or the price of commodities, the appellant urges that direct fixation of prices is a type of regulation absolutely forbidden. his position ..... sale of farm machinery, advance-rumely co. v. jackson, 287 u. s. 283 ; bonds for performance of building contracts, hartford accident & indemnity co. v. nelson mfg. co., 291 u. s. 352 . [ footnote 30 ] central lumber co. v. south dakota, 226 u. s. 157 . [ footnote 31 ] rast v. van deman & lewis co., 240 .....

Tag this Judgment!

1872

City of Richmond Vs. Smith

Court : US Supreme Court

..... occupation by our armies, for the purpose of keeping any class of property out of its hands by destroying the same, is a sheer act of war, and no contract or stipulation for indemnity to persons whose property was thus destroyed had any validity after the collapse of the confederacy. the owners of tobacco, cotton, or machinery destroyed on similar occasions are .....

Tag this Judgment!


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