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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Page 11 of about 9,200 results (0.071 seconds)

1859

Ogilvie Vs. Knox Insurance Company

Court : US Supreme Court

..... or corporations, unless they have the privilege of using their capital for banking purposes, seldom require the actual payment of it all in cash. contracts of page 63 u. s. 388 insurance or indemnity, though not literally "gaming contracts," are nevertheless in the nature of wagers against the happening of a certain event. the calculation of chances is greatly in favor of the ..... be consistent with such an hypothesis. assuming the fact that carnan did make the representations charged, what was the conduct of these jeffersonville stockholders, who now seek to repudiate their contracts on the allegation of fraud? after having a full opportunity to examine for themselves into the affairs of the company, they alleged no fraud, nor expressed any desire to withdraw ..... clearly that the matter pleaded cannot affect the relative rights of the parties in the case, assuming it to be true. those who seek to set aside their solemn written contracts by proving loose conversations should be held to make out a very clear case, and when they charge others with fraud founded on such evidence, their own conduct and acts .....

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Apr 01 1969 (FN)

Federal Marine Terminals Vs. Burnside Shipping

Court : US Supreme Court

..... 20 ] page 394 u. s. 420 marine terminals has also argued that, aside from any express or implied-in-fact contract, it has a quasi -contractual right of indemnity for the liability which it incurred under the act on account of the shipowner's wrong. this right, which was evidently recognized ..... 226 f.supp. 709. see also mowbray v. merryweather, [1895] 2 q.b. 640. see generally proudfoot, "the tar baby": maritime personal-injury indemnity actions, 20 stan.l.rev. 423, 442-445 (1968). [ footnote 20 ] the stevedoring contractor's warranty of workmanlike service under ryan extends to the ..... employees. [ footnote 14 ] the district court rested on the following rationale of the district court for the southern district of california in california casualty indemnity exchange v. united states, 74 f.supp. 401, 404: "the right of recoupment [under the federal act] on the ground of third ..... of restitution: "a person who, without personal fault, has become subject to tort liability for the unauthorized and wrongful death of another, is entitled to indemnity from the other for expenditures properly made in the discharge of such liability." [ footnote 9 ] 284 f.supp. at 744. [ footnote 10 ] 392 ..... terminals is not foreclosed by any decision of this court from raising it in the district court. we have cautioned that, "in the area of contractual indemnity, an application of the theories of 'active' or 'passive,' as well as 'primary' or 'secondary' negligence is inappropriate," weyerhaeuser s.s. co. .....

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May 19 1980 (FN)

Andrus Vs. Utah

Court : US Supreme Court

..... it would have had had it actually received all of the granted sections in place. [ footnote 10 ] thus, as is typical of private contract remedies, the purpose of the right to make indemnity selections was to give the state the benefit of the bargain. the history of the general statutes relating to land grants for school purposes confirms this ..... the language of the taylor grazing act. third, the court assumes -- without discussion -- that the taylor grazing act gives the secretary of the interior discretion to reject indemnity selections under standards inconsistent with the criteria set out in the statutes authorizing the selections. every federal court that has considered the secretary's authority under the taylor grazing act ..... designated sections had already "been sold or otherwise disposed of" pursuant to another act of congress, "other lands equivalent thereto . . . are hereby granted." the substitute grants, denominated "indemnity lands," were "to be selected within the state in such manner as [its] legislature may provide with the approval of the secretary of the interior." [ footnote 1 ] because much of ..... were frustrated by federal preemption or private entry prior to being surveyed. in so acting, the secretary followed the policy that, in the exercise of his discretion under 7, indemnity applications involving grossly disparate values would be refused. utah filed suit in federal district court, which, upon stipulated facts, entered summary judgment for the state. the court of .....

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1859

Refeld Vs. Woodfolk

Court : US Supreme Court

..... . & c. 309, the master of the rolls, upon the authority of the cases cited, said: "parties no doubt may contract for a covenant of indemnity, but if they do not, the court cannot compel a party to execute a conveyance and to give an indemnity." to the same effect is ridgway v. gray, 1 mac. & g. 109. the appellee does not seek to ..... rescind this contract, nor does he disclose any imminent peril of disturbance or eviction as the effect of the existence of the mortgage. the record ..... . barnes, 3 mad. 247. but there were conditions in the contract that authorized the order. in balmorno v. lumley, 1 v. & b. 224, and paton v. brebner, 1 ..... an order that the purchaser should be compensated for the difference in the value between the title contracted for and that exhibited, and if that difference could not be ascertained, the master was directed to settle the security to be given by the defendant as indemnity to the purchaser against disturbance or eviction, and a similar order was made in walker v .....

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1868

Texas Vs. White

Court : US Supreme Court

..... a " caution to the public, " in which he recited that the rebel government of texas had, under a pretended contract, transferred to white & chiles "one hundred and thirty-five united states texan indemnity bonds, issued january 1, 1851, payable in fourteen years, of the denomination of $1,000 each, and coupons attached ..... tayler government notes known as "seven-thirties," equivalent in value to the bonds and coupons held by hardenberg, to be held by mr. tayler "as indemnity for mr. mcculloch, against any personal damage, loss, and expense in which he may be involved by reason of the payment of the bonds." the ..... is that, before this negotiation, i had read a paragraph in some new york newspaper stating that the payment of the whole issue of the texas indemnity bonds was suspended until the history of a certain portion of the issue, supposed to have been negotiated for the benefit of the rebel service, should ..... mr. c. t. lewis, a lawyer of new york: "in conversation with mr. hardenberg, i had learned that he was interested in the texas indemnity bonds, and meditated purchasing same. i was informed in wall street that such bonds were offered for sale by kimball & co., at a certain price, which ..... 74 u. s. 703 an injunction against their asking or receiving payment from the united states of certain bonds of the federal government, known as texan indemnity bonds; and that the bonds might be delivered up to the complainant, and for other and further relief. the case was this: in 1851, the .....

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May 10 1886 (FN)

The City of Norwich

Court : US Supreme Court

..... them to the loss of their investment. now to construe the law in such a manner as to prevent the merchant from contracting with an insurance company for indemnity against the loss of his investment is contrary to the spirit of commercial jurisprudence. why should he not be allowed to purchase such ..... indisputable truth which ought thenceforth to govern all indemnities of insurance. thus it is, for example, that m. pardessus, speaking of this question in relation to maritime credits, comes back for its solution ..... . he says: "doctrine and jurisprudence, after some hesitation, pronounced themselves, as is well known, against the existence of a privilege or hypothecation on the indemnity due from the insurer, and in that way the general principle which emerigon had adopted as the basis of his theory penetrated men's minds as an ..... loss of his vessel, and that the parties who have suffered loss from the collision by the fault of his employees should get nothing for their indemnity. this mode of contrasting the condition of the parties is fallacious. if the ship owner is indemnified against loss, it is because he has seen ..... he has already by virtue of his ownership. if it were not for a rule of public policy against wagers, requiring insurance to be for indemnity merely, he could just as well take out insurance on another's property as on his own, and it is manifest that this would give him .....

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Jan 07 1913 (FN)

Houghton Vs. Burden

Court : US Supreme Court

..... of one percent per month upon the amount of the uncollected accounts at the end of each month was agreed upon. thereupon the contract in question was executed, a bond of indemnity was given to burden, and something like 100 accounts, aggregating about $14,000, were duly assigned, upon which an advance of ..... per month upon whatever part of the advance shall remain uncollected on the said accounts, and for the period that the same shall remain uncollected." the indemnity bond, styled an "assigned accounts bond," is in the usual form, and is undoubtedly a device resorted to, to enable merchants to use book ..... agree upon the position burden desired. some weeks later, the negotiations were resumed, the broker saying that he might get additional security through an indemnity bond, by which the validity of the book accounts which were agreed to be assigned might be guaranteed as well as the payment of collections ..... is to act as agent for the lender in their collection, providing that the lender shall, in pursuance of a provision in a bond of indemnity given by third parties, examine the accounts and books of the borrower monthly and receive a compensation therefor equivalent to a specified percent of the ..... $10,000 was made. the contract is elaborate, and too lengthy to be set out page 228 u. s. 167 in full. in substance, .....

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Apr 09 1934 (FN)

Hartford Acc. and Indem. Co. Vs. Delta and Pine Land Co.

Court : US Supreme Court

..... , loss or injury of something in which the assured or other party has an interest, as an indemnity therefor, and it shall be unlawful for any company to make any contract of insurance upon, or concerning any property or interest or lives in this state, or with any ..... state supreme court said: "but clearly, under 5131, code 1930, defining insurance, this indemnity bond is a contract of insurance within the purview of that statute; and, further, it being expressly provided therein that all contracts of insurance on property, lives, or interests in this state shall be deemed to ..... of mississippi by delta & pine land company, a corporation of that state, with its principal place of business therein, against hartford accident & indemnity company, a corporation of connecticut, having its principal place of business in hartford in that state. the declaration alleges that, on or about january ..... company in an action on an indemnity bond. mr. justice roberts delivered the ..... contracts of the forum, regardless of the relative importance of the interests of the forum as contrasted with those created at the place of the contract, conflicts with the guaranties of the fourteenth amendment. p. 292 u. s. 150 . 169 miss. 196 reversed. appeal from a judgment sustaining a recovery from the indemnity .....

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Apr 02 1934 (FN)

Aschenbrenner Vs. United States Fidelity and Guaranty Co.

Court : US Supreme Court

..... , they are at least persuasive that meanings which they do not embrace are not common. that the stipulation to be construed is one for double indemnity calls for no different conclusion. it has been page 292 u. s. 86 argued that such a provision contemplates a risk which is comparatively slight ..... new york, 250 mass. 250, 254, 145 n.e. 535; boyd v. royal indemnity co., 120 ohio st. 515, 517, 166 n.e. 580. the phraseology of contracts of insurance is that chosen by the insurer, and the contract in fixed form is tendered to the prospective policyholder, who is often without technical training and ..... the ground that the insured, at the time of the accident, was not a passenger on a common carrier within the meaning of the double indemnity provisions of the policy. a judgment entered upon a verdict for the petitioner for the double liability was reversed by the court of appeals for ..... a policy of accident insurance issued to her husband by respondent, brought this suit in the district court for northern california to recover under the double indemnity provisions of the policy. at the trial, liability was conceded for the single amount stipulated to be paid in the event of the insured's ..... their technical connotation, will be given the meaning that common speech imports. p. 292 u. s. 85 . 3. an accident policy provided for double indemnity if injury were sustained by insured "while a passenger in or on a public conveyance (including the platform, steps or running-board thereof) provided by a .....

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Jun 09 1977 (FN)

Stencel Aero Engineering Corp. Vs. United States

Court : US Supreme Court

..... we must therefore consider the impact of these factors where, as here, the suit against the government is not brought by the serviceman himself, but by a third party seeking indemnity for any damages it may be required to pay the serviceman. clearly, the first factor considered in feres operates with equal force in this case. the relationship between the government ..... manufacture. stencel therefore claimed that, insofar as it was negligent at all, its negligence was passive, while the negligence of the united states was active. accordingly it prayed for indemnity as to any sums it would be required to pay to captain donham. [ footnote 3 ] the united states moved for summary judgment against donham, contending that he could ..... that the emergency eject system malfunctioned as a result of "the negligence and carelessness of the defendants individually and jointly." stencel then cross-claimed against the united states for indemnity, charging that any malfunction in the egress life support system used by donham was due to faulty specifications, requirements, and components provided by the united states or other ..... , missouri air national guard. [ footnote 2 ] there is no contractual relationship between the united states and stencel. stencel contracted with north american rockwell, the prime government contractor, to provide the f-100's pilot eject system. [ footnote 3 ] stencel's indemnity claim is based upon the law of missouri. see, e.g., feinstein v. edward livington & sons, inc., 457 .....

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