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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Page 13 of about 9,214 results (0.132 seconds)

Feb 28 1921 (FN)

Payne Vs. Central Pacific Ry. Co.

Court : US Supreme Court

..... against the united states, and therefore not maintainable without its consent, but we think the suit is one to restrain the appellants from cancelling a valid indemnity selection through a mistaken conception of their authority, and thereby casting a cloud on the plaintiff's title. ballinger v. frost, 216 u. s. ..... of the time when the exertion of the authority was invoked by the lawful filling of the list of selections." as before shown, this indemnity selection was made in full compliance with the directions promulgated by the secretary, was of lands subject to selection, and was based on ..... is treated as only a preliminary land application or filing. counsel there say: "what is the effect then of the mere filing of an indemnity selection? its only effect, we submit, is to give the selector a preference right to the land as against one tendering a filing thereafter." ..... disposals, homestead settlements, and preemption claims antedating the definite location of the line of the road, thereby making it necessary to resort to the indemnity limits to satisfy the grant. the present ascertained losses amount to thousands of acres, and it is certain that further substantial losses will develop ..... and putting it in operation, the company performed its part of the contract, it became entitled to performance by the government. in other words, it earned the right to the lands described." and, speaking specially of the right to indemnity lands under such a grant, it was said in united states v .....

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Apr 02 1962 (FN)

A. and Gulf Stevedores Vs. Ellerman Lines, Ltd.

Court : US Supreme Court

..... atlantic & gulf stevedores, inc." mr. justice stewart, whom mr. justice frankfurter joins, dissenting. in my view, the court of appeals correctly ruled that the respondents were entitled to indemnity from the petitioner under principles first set forth by this court in ryan stevedoring co. v. pan-atlantic s.s. corp., 350 u. s. 124 , and followed in weyerhaeuser ..... citizenship, alleging that their vessel was unseaworthy and that they were negligent. respondents impleaded petitioner, alleging that it was negligent in its manner and method of unloading and asking indemnity from it in case respondents were held liable to beard. counsel, near the end of the trial, agreed upon five special interrogatories, to which the jury responded as follows ..... shipowners, in a federal district court on the basis of diversity of citizenship, alleging that the vessel was unseaworthy and that they were negligent. respondents impleaded petitioner and asked indemnity, alleging that it was negligent in the manner of unloading. the jury found that the injury resulted from unseaworthiness of the vessel and negligence of respondents, and not from ..... any failure of petitioner to do its work in accordance with its contract. the district court entered judgment in favor of the longshoreman against respondents and in favor of petitioner on respondents' claim for indemnity. the court of appeals affirmed the judgment in favor of the longshoreman, but reversed the judgment in favor .....

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Jan 13 1981 (FN)

Allstate Ins. Co. Vs. Hague

Court : US Supreme Court

..... that this particular accident did not occur in minnesota does not undercut the expectations formed by the parties at the time of contracting. in hartford accident & indemnity co. v. delta & pine land co., supra, the court struck down a state court's choice of forum law despite the fact ..... although unarticulated, factor in watson was the fact that the litigant urging that forum law be applied was not a party to the insurance contract. while contracting parties may be able to provide in advance that a particular rule of law will govern disputes between them, their expectations are clearly entitled ..... a l-year limitations period for claims arising thereunder. id. at 281 u. s. 403 . similarly, the insurance policy at issue in hartford accident & indemnity co. v. delta & pine land co., supra at 292 u. s. 146 , also prescribed a specific limitations period. while such express provisions are obviously ..... be determined by the law of another state. the question on the merits is one of interpreting the meaning of the insurance contract. neither the contract itself nor anything else in the record reflects any express understanding of the parties with respect to what law would be applied or ..... that the insurance contract's coverage was not limited by state boundaries. while hartford accident may indeed have "scant relevance for today," ante at 449 .....

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1810

Finley Vs. Lynn

Court : US Supreme Court

..... that of wells & co. the answer expressly avers that the plaintiff did read, examine, and, as the defendant believes, perfectly understand the bond of indemnity before he executed it. that it was left with him some hours before he signed it. and it avers also positively that the plaintiff's sureties read ..... , but they are not thought sufficiently decisive and unequivocal in their character to justify a court of equity in restraining legal rights acquired under a solemn contract. though this is the principal object of the bill, it may be understood to contemplate something further. it prays for a settlement of all accounts, ..... the condition of the above obligation is such that if the said oliver p. finely shall well and truly satisfy and discharge all the debts and contracts hereinbefore described so as to indemnify and save harmless the said adam lynn from the payment of the same and from any suit or prosecution in ..... should hold the merchandise in the hardware store, and the debts due to it, and the profits of the trade, and should pay all debts and contracts as stated in the bond, the latter of which propositions was accepted by the plaintiff. page 10 u. s. 244 the answer denies that the ..... condition of the above obligation is such that if the said oliver p. finley shall well and truly satisfy and discharge all the debts and contracts hereinbefore described so as to indemnify and save harmless the said adam lynn from the payment of the same, and from any suit or prosecution in .....

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Jan 16 1868 (FN)

Orient Ins. Co. Vs. Daggs

Court : US Supreme Court

..... law." the statement is broad, and counsel in making it ignores many things. the statute tends to assure, not to detract from, the indemnity of the contracts, and, if elements of chance or speculation intrude, it will be on account of carelessness or fraud. it is admitted that the effect of ..... conclusive presumption of fact. page 172 u. s. 565 the right claimed is to make contracts of insurance. the essence of these, it is said, is indemnity, and that the statute converts them into wager policies -- into contracts (to quote counsel) having for their bases speculation and profit, "contrary to the course ..... , conclusive presumption and proof to establish and force a result against property or liberty. the statute is not subject to the condemnation that it regulates contracts made or rights acquired prior to its enactment, and we may repeat the language of mr. justice field in railway co. v. mackey that ..... contrary to the constitution of the united states, and are null and void." "that the defendant has the constitutional right to limit its liability by contract to actual damages caused by fire." to this answer, the plaintiff and assured filed a demurrer, which demurrer the court sustained, and, the defendant ..... the change is from one kind of indemnity policy to another kind -- from open policies to valued policies -- both of which are sanctioned by the practice and law of insurance, and this change is the only compulsion of the law. it makes no contract for the parties. in this it permits .....

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Jan 26 1891 (FN)

Coburn Vs. Cedar Valley Land and Cattle Co., Ltd.

Court : US Supreme Court

..... without releasing or indemnifying him for certain liabilities he had incurred and for which he was personally liable on account of the company, to all of which compensation, reimbursement, and indemnity coburn and ewing alleged themselves entitled before ewing could be discharged from said appointment and an injunction was prayed accordingly. this cause was removed to the united states circuit court ..... on november 23, 1885, the cattle company filed a cross-bill setting forth the alleged employment of coburn and ewing on behalf of the intended corporation; the making of the contract with munson; that coburn and ewing had received a commission from munson secretly; the transactions as to the property in kansas city, and the alleged overpayment in the purchase of ..... for the western district of missouri, and the corporation answered, alleging that no such contract was made for the appointment of ewing, but that the subscription of coburn and ewing to the capital stock was unconditional, and that ewing was appointed as manager, but as ..... commission with him; that afterwards they were directed to burnett to buy the property upon terms and conditions and at specified prices known to him; that they entered into the contract with munson pursuant to directions from burnett, and expended a large amount of time and labor in the transaction, a reasonable compensation for which was alleged to be $50, .....

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Feb 20 1911 (FN)

Chicago, Burlington and Quincy R. Co. Vs. Mcguire

Court : US Supreme Court

..... agreements of absolute waiver. the policy of the amendatory act was the same as that page 219 u. s. 572 of the original statute. its provision that contracts of insurance relief, benefit, or indemnity, and the acceptance of such benefits, should not defeat recovery under the statute, was incidental to the regulation it was intended to enforce. assuming the right ..... use and operation of any railway on or about which they shall be employed, and no contract which restricts such liability shall be legal or binding." the amendment of 1898 added the following provision: "nor shall any contract of insurance relief, benefit or indemnity in case of injury or death entered into prior to the injury between the person so injured ..... contract for insurance relief should limit the liability for damages, upon what ground can it be said that it was beyond the legislative ..... of enforcement, the authority to enact this inhibition cannot be denied. if the legislature had the power to prohibit contracts limiting the liability imposed, it certainly could include in the prohibition stipulations of that sort in contracts of insurance relief, benefit or indemnity, as well as in other agreements. but if the legislature could specifically provide that no .....

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Jan 12 1925 (FN)

Michigan Pub. Util. Comm'n Vs. Duke

Court : US Supreme Court

..... interstate commerce to impose on plaintiff the onerous duties and strict liability of common carrier, and the obligation of furnishing such indemnity bond to cover the automobile bodies hauled under his contracts as conditions precedent to his right to continue to carry them in interstate commerce. see barrett v. new york, 232 ..... contains a plurality of objects, and its real object is not expressed in the title. the lower court held that 7, providing for indemnity bonds imposes a direct burden on interstate commerce, and that the provisions of 3 applicable to private carriers are foreign to the title of ..... approved by said commission." a rule adopted by the commission requires all common carriers, defined by the act, to take out such an indemnity bond, and the commission has announced that no permit will be given until there has been filed with it a certificate of the bonding ..... insurance for the protection of the . . . property carried by them in such amount as shall be ordered by said commission . . . or shall furnish an indemnity bond . . . conditioned upon the payment of all just claims and liabilities resulting from injury to . . . property carried by such carrier, and in a company ..... for hire by motor vehicle over the public highways of the state the burdens and duties of common carriers, and requiring them to furnish indemnity bonds to secure payment of claims and liabilities.resulting from injury to property carried, when applied to a private carrier without special franchise or .....

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Feb 14 1938 (FN)

New York Life Ins. Co Vs. Gamer

Court : US Supreme Court

..... the charges to which it referred. it falls far short of sustaining the instructions challenged in the present case. under the contract in the case now before us, double indemnity is payable only on proof of death by accident as there defined. the burden was on plaintiff to allege, and by ..... bodily injury effected solely through external, violent, and accidental means. . . . double indemnity shall not be payable if the insured's death resulted from self-destruction, whether sane or insane." respondent sued petitioner in a state court for $20 ..... cause, or $20,000 in case of death resulting from accident as defined by a provision the pertinent parts of which follow: "the double indemnity . . . shall be payable upon receipt of due proof that the death of the insured resulted directly and independently of all other causes from ..... , from bodily injury effected solely through external, violent, and accidental means, but that double indemnity should not be payable if the death resulted from self-destruction. the insured died of a rifle shot. in an action on the policy ..... 1938 303 u.s. 161 certiorari to the circuit court of appeals for the ninth circuit syllabus a life insurance company stipulated to pay double indemnity (twice the face of the policy) upon receipt of due proof that death of the insured resulted, directly and independently of all other causes .....

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Jun 23 1947 (FN)

Caldarola Vs. Eckert

Court : US Supreme Court

..... absence of either explicit statutory command or express contractual provision to that effect. moreover, in view of the scope of the indemnity provided, i see no possible harm that could be inflicted on the "agent" from interpreting the contract so as to allow the normally applicable remedies to apply. accordingly, i would reverse the judgment of the court of appeals. ..... or compensation for death or personal injury or illness," and should be indemnified for such payment. a narrow construction, of course, would limit the provisions for payment and indemnity to payments made without resort to suit. on the other hand, even a literal interpretation would cover payments made by the "agent" upon judgments recovered against it on claims ..... it in performing, procuring or supplying the services, facilities, stores, supplies or equipment as required hereunder," with specified exceptions not covering such liabilities as are now in question. the indemnity also expressly provided: page 332 u. s. 167 "to the extent not recovered from insurance, the united states shall also reimburse the general agent for all crew expenditures ( ..... 27, 1944, the everagra, docked in the north river, new york city, was being unloaded by a stevedoring concern, the jarka company. jarka did the unloading under a contract with the united states, negotiated through the war shipping administration. one of its provisions was that "the administrator shall furnish and maintain in good working order all" necessary equipment. .....

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