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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Page 16 of about 9,214 results (0.071 seconds)

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 .....

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1856

E. J. Dupont De Nemours and Co. Vs. Vance

Court : US Supreme Court

..... that these articles establish as the page 60 u. s. 181 law of france that the freighter of a ship is obliged by a contract or quasi- contract to the master to contribute his share of an average contribution, and that the master engages to indemnify the freighter whose property has suffered or ..... his merchandise jettisoned, he has a lien for that part of its value which the vessel and its freight are bound to contribute towards his indemnity for the sacrifice which has been made for the common benefit. and this lien on the vessel is a maritime lien, operating by the maritime ..... exonerated from the delivery of the merchandise, and has only to respond for that part of its value which is his just contributory share towards indemnity for the common loss by the jettison. a jettison the necessity for which was occasioned solely by a peril of the sea is a loss ..... am not prepared to admit that this can be done by judicial authority. the commercial systems of great britain and the united states recognize no such contract between the masters and freighters as the french code establishes; they invest the master with no such privilege upon the property of the shippers; they ..... average) that the right to contribution in general average is dependent on the contract of affreightment, which embraces in effect an undertaking, that if the goods of the shipper are damaged for the common benefit, he shall receive a due indemnity by contribution from the owners of the ship, and of other merchandise benefited .....

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1878

Hooper Vs. Robinson

Court : US Supreme Court

..... the conveyance under which they arise. where the insurance is "lost or not lost," the thing insured may be irrecoverably lost when the contract is entered into, and yet the contract be valid. it is a stipulation for indemnity against past as well as future losses, and the law upholds it. where a vessel insured for a stated time was sold and transferred ..... authority, we think the onus probandi was upon the plaintiffs. it was for them to make out their case. the premium had been paid, the loss had occurred, and the indemnity money had been received by the agents of the assured and paid over to their principals. the plaintiffs claim the right to go behind all this, and to reclaim from ..... , the plaintiffs were not entitled to recover. this instruction the court refused to give, and instructed, in substance, that if the jury believed that when hooper made his claim for indemnity under the policy he produced the account and subsequently gave the receipt and executed the assignment, and that when he received payment and delivered the assignment he had received notice ..... at that time. it is sufficient if such interest subsisted during the risk and when the loss occurred. 3. a policy "lost or not lost" is a valid stipulation for indemnity against past as well as future losses. a contingent interest may be the subject of such a policy. 4. in an action against a. to recover the amount paid to .....

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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 .....

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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 .....

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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 .....

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1873

insurance Company Vs. Folsom

Court : US Supreme Court

..... of insurance, as practiced among merchants, enables those engaged in such pursuits to provide themselves with indemnity against the consequences of such disasters. by such contracts, either associated capital becomes pledged for such indemnity or the loss is so distributed among different underwriters that the ultimate sufferers are not in general ..... intended to cover a subsequent loss, if it appears that the insured as well as the underwriter was ignorant of the loss at the time the contract was made. [ footnote 12 ] viewed in the light of these suggestions, it is quite clear page 85 u. s. 252 that it ..... , does not cover the loss described in the declaration; but it is well settled law that other words may be employed in such a contract which will have the same operation and legal effect, and it appears that the policy in this case, by its express terms, was to ..... not necessary to make the policy retrospective. it is sufficient if it appear by the description of the risk and the subject matter of the contract that the policy was intended to cover a previous loss. 4. where it policy of insurance, following the exact language of the application, insured ..... seriously injured. indemnity is the great object of the insured, but the underwriter pursues the business as a means .....

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1877

Emigrant Company Vs. County of Wright

Court : US Supreme Court

..... of consideration, and a successful speculation at the expense of the rights of the public. for these reasons, we concur with the circuit court that the contract should be rescinded, and that, saving the right of intermediate purchasers, there should be an accounting and a reconveyance, so far as may be. decree ..... the emigrant company, by the assistance, as he says, of able lawyers and in the cases of other counties with which the company had similar contracts, inaugurated proceedings to procure the reversal of the rule announced by the department. succeeding in this, he presented the renewed claim of wright county and ..... for reclaiming said lands." on the ninth day of july, 1862, a written contract for the sale of the swamp lands of wright county, and all interest therein, and of the claim of the county for indemnity against the united states for swamp lands which had been sold by the government, ..... large quantity of lands. the county, in 1870, no improvements having been made, filed this bill praying for the annulment and cancellation of the contract, for a reconveyance of the lands, saving the rights of intermediate purchasers, and for an accounting so far as the company had sold said lands ..... was signed by the supervisors of the county of wright and the american emigrant company, by their agent, h. c. crawford, and attested by the clerk and seal of wright county. this contract was .....

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Nov 27 1882 (FN)

Clarkson Vs. Stevens

Court : US Supreme Court

..... right of action of the united states to recover against his estate damages for his nonperformance of his contract, together with the securities, by way of mortgage and lien, it held as indemnity. we see no ground for a construction that leads to so remarkable a result. the plain meaning ..... upon its completion, the united states should accept it, upon final examination and certificate, as conforming in every particular with the requirements of the contract and answering the description and warranty of an efficient steam battery for harbor defense, shot and shell-proof. and looking at the situation of ..... of failure on the part of stevens to fulfill his part of the contract or so much thereof as should be necessary to complete any deficiencies on his part. the taking of this security as an indemnity to the united states assumes the anticipated possibility that the failure might be ..... v. russell, according to benjamin on sales, 246, 2d ed., was deliberately adopted as a rule of construction by which, in similar ship-building contracts, the parties are held to have, by implication, evinced an intention that the property shall pass, notwithstanding the general rule to the contrary, and adds ..... appropriated toward carrying the law into effect." in pursuance of this law, on february 10, 1843, the secretary of the navy entered into a contract with robert l. stevens for the construction of a war steamer for harbor defense, which recited his proposal, describing the vessel, and containing certain .....

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Mar 02 1903 (FN)

San Jose Land and Water Co. Vs. San Jose Ranch Co.

Court : US Supreme Court

..... who claims an estate or interest in real property adverse to him, for the purpose of determining such adverse claim." the land in question was within the indemnity limits of the land grant of july 27, 1866, 14 stat. 292, to the atlantic and pacific railroad company. plaintiff, however, claims nothing under this ..... this action. the southern pacific had no title to convey, and, beyond this, there page 189 u. s. 182 is no finding that the contract was assigned by indorsement or with the written consent of the railroad company, or that there was any promise on the part of the assignees to perform ..... the annual interest to february 28, 1892, the grantees ceased all further payments. the findings show that, at the time of the execution of the contract, "said tract of land was not in the bona fide occupation of any adverse claimant under the preemption or homestead laws of the united states, and ..... nothing with regard to the title, but agreed to repay everything which had been paid by the grantees. there was a further agreement that the contract should not be assignable except by indorsement, and with the written consent of the company, and a written promise of the assignee to perform all the ..... pacific, which, upon forfeiture of its land grant, also reverted to the united states. hence, on february 28, 1887, when the southern pacific company contracted to sell these lands to nolan and heckenlively, it had really nothing to sell, and no interest in the land that could pass under that agreement .....

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