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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Page 2 of about 9,200 results (0.151 seconds)

Feb 23 1972 (FN)

United States Vs. Generes

Court : US Supreme Court

..... gross business for the period 1954 through 1962. in 1962, the corporation seriously underbid two projects and defaulted in its performance of the project contracts. it proved necessary for maryland to complete the work. maryland then sought indemnity from generes and kelly. the taxpayer indemnified maryland to the extent of $162,104.57. in the same year, he also loaned ..... time basis. his total income was about $40,000 a year. he advanced money to the corporation and signed an indemnity agreement with a bonding company, which furnished bid and performance bonds for the construction contracts. the corporation defaulted on contracts in 1962, and the taxpayer advanced over $158,000 to the corporation and indemnified the bonding company to the extent ..... most of these were obtained from maryland casualty co. that underwriter required the taxpayer and kelly to sign an indemnity agreement for each bond it issued for the corporation. in 1958, however, in order to eliminate the need for individual indemnity contracts, taxpayer and kelly signed a blanket agreement with maryland whereby they agreed to indemnify it, up to a designated ..... as well, even though the non-qualifying motivation was the primary one." [ footnote 7 ] "you must, in short, determine whether mr. generes' dominant motivation in signing the indemnity agreement was to protect his salary and status as an employee or was to protect his investment in the kelly generes construction co." "mr. generes is entitled to prevail in .....

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Nov 11 1935 (FN)

American Surety Co. Vs. Westinghouse Elec. Mfg. Co.

Court : US Supreme Court

..... contractor, give materialmen or laborers any right of lien upon the fund or preference in distribution thereof. i also agree with his view that the indemnity contract between the contractor and the surety company (even if an assignment of claim for retained percentages against the united states were valid, in view of ..... s. 267 . this is surely so unless the contract of indemnity has the effect of a specific lien. in the absence of such a lien, the reserved percentages in controversy became assets available to creditors, the ..... u. s. 138 rights and liabilities of sureties and in the distribution of insolvents' estates, they likewise forbid the surety to secure by independent contract with the debtor indemnity at the expense of the creditor whose claim he has undertaken to secure." jenkins v. national surety co., supra, at p. 277 u. ..... has been given under the mandate of a statute. equity then forbids that the statutory security be whittled down indirectly by any promise of indemnity, general or specific. debtor and surety may not effectually agree that materialmen and laborers shall have less of the general assets as the price ..... claim to this reserved percentage ($2,724.23) by right of subrogation, and also and with greater emphasis by force of a covenant of indemnity received from the principal at the beginning of the work. on the other hand, the reserved percentage was claimed by the respondents page 296 u .....

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1876

Connecticut Mutual Life Insurance Company Vs. Schaefer

Court : US Supreme Court

..... says: "upon considering this case, it is certain that lord ellenborough decided it upon the assumption that a life policy was in its nature a mere contract of indemnity, as policies on marine risks, and against fire, undoubtedly are, and that the action was, in point of law, founded on the supposed damnification, ..... the previous case of goodsall v. boldero, 9 east 72, decided by lord ellenborough, in which, proceeding upon the idea that life insurance is a mere contract of indemnity, it was held that the interest must continue until death, and even until the bringing of the action. baron parke, in commenting upon this case, very ..... mansfield in hamilton v. mendes, 2 burr. 1270, that the plaintiff's demand was for an indemnity only. lord mansfield was speaking of a policy against marine risks, which is, in its terms, a contract for indemnity only. but that is not the nature of what is termed an assurance for life; it really ..... has been the subject of much discussion. in marine and fire insurance, the difficulty is not so great, because there insurance is considered as strictly an indemnity. but in life insurance, the loss can seldom be measured by pecuniary values. still an interest of some sort in the insured life must exist. ..... is what it is on the face of it -- a contract to pay a certain sum in the event of death. it is .....

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May 14 1928 (FN)

Jenkins Vs. National Surety Co.

Court : US Supreme Court

..... against the insolvent bank until he had been paid in full, and in no way involved the national surety company's present separate claim on its contract of indemnity, and that the plea of res judicata was consequently ineffective. but, as the certiorari was granted to review the other branch of the case, ..... the right now asserted by the respondent arises not from subrogation to the rights of the treasurer, but upon its independent agreement with the bank for indemnity. the bank's undertaking was to indemnify respondent for liability which it might "sustain or incur" by reason of its having given its surety bond, ..... on demand. the deposits at the time of the insolvency exceeded the amount of the bond. the district court directed that dividends on the claim for indemnity be postponed until the county treasurer should have been repaid the full balance of his deposit. the circuit court of appeals for the eighth circuit reversed ..... . the respondent national surety company brought this action against the receiver to compel the allowance of and payment of dividends on its claim upon an indemnity agreement executed by the bank. the agreement was contained in the bank's application for a bond by which the bank as principal and the respondent ..... rights and liabilities or sureties and in the distribution of insolvents' estates, they likewise forbid the surety to secure by independent contract with the debtor indemnity at the expense of the creditor whose claim he has undertaken to secure. reversed. .....

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May 23 1938 (FN)

Aetna Ins. Co. Vs. United Fruit Co.

Court : US Supreme Court

..... in the effect of the valuation clause, in fixing the liability of the insurer, do not alter the character of the valued policy as a contract of indemnity, or afford any basis for alteration of his rights as an indemnitor. whether, upon a valued or an open policy, he is entitled to ..... to exclude proof of actual value when relevant. p. 304 u. s. 435 . 3. the valued policy, like an open policy, is a contract of indemnity; in either case the indemnitor is entitled to share in the insured's recovery of damages for loss of the ship only by page 304 u. s ..... the litigation. petitioners submit no interest computations, and have otherwise made no effort to sustain the burden of proving that respondent has received more than indemnity for the delay in payment of as much of the loss as was not covered by insurance. since the expenses have been apportioned by charging the ..... as a co-insurer of the hull in event of total loss. petitioners make no contention that respondent, if so regarded, has received more than appropriate indemnity after the distribution of the proceeds of the collision suit. the total insurance received by respondent from the insurers in 1918 and 1919, aggregating $886, ..... for would require a radical departure from the principle on which subrogation is founded. consistently applied, it would in some cases deprive the insured of indemnity, and indeed might enable the insurer to make a profit by recovering more from the insured than the amounts paid on the policy. we are unable .....

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1813

Clark's Executors Vs. Carrington

Court : US Supreme Court

..... in a suit against him on his contract of indemnity. whether it was admissible against john innes clarke depends on the degree of his liability for the money for which that judgment was rendered. if ..... purposes, because greene & barker were in truth co-partners with carrington, and because, if they were not, it is a case of warranty and indemnity, and in such case a judgment against the person to be indemnified, if fairly obtained, especially if obtained on notice to the warrantor, is admissible ..... sent to hamburg on freight, wishes them to render carrington the necessary aid he may require, and adds "we shall consider ourselves responsible for all contracts mr. carrington may make in the business of this ship, and anticipate the pleasure of your being well satisfied with his strict fulfillment of them ..... notice to the warrantor, is admissible evidence in a suit against him on his contract of indemnity. a person who, upon receiving an assignment of a share of property as security for a debt, agrees to comply with the contract of the assignor with a joint owner of the property, is bound to fulfill ..... that contract although it exceed in amount the value of the share of the .....

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1871

Hall and Long Vs. Railroad Companies

Court : US Supreme Court

..... be dealt with as if he were not so. he does not stand, therefore, on the same footing with that of an insurer, who may have entered into his contract of indemnity, page 80 u. s. 373 relying upon the carrier's vigilance and responsibility. in all cases, when liable at all, it is because he is proved or presumed to be ..... often loosely so called. the extent of his responsibility may be equal to that of an insurer, and even greater, but its nature is not the same. his contract is not one for indemnity, independent of the care and custody of the goods. he is not entitled to a cession of the remains of the property, or to have the loss adjusted ..... ownership of the goods and the risk incident thereto, the owner and the insurer are considered but one person, having together the beneficial right to the indemnity due from the carrier for a breach of his contract or for nonperformance of his legal duty. standing thus, as the insurer does, practically in the position of a surety stipulating that the goods shall ..... has indemnified the owner for the loss, he is entitled to all the means of indemnity which the satisfied owner held against the party primarily liable. his right rests upon familiar principles of equity. it is the doctrine of subrogation, dependent not at all upon privity of contract, but worked out through the right of the creditor or owner. hence it has .....

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Jan 28 1884 (FN)

American File Co. Vs. Garrett

Court : US Supreme Court

..... that neither they nor the assets of chapman in their hands are subject to the individual liability of stockholders for the debt of the corporation. the contract of indemnity did not, therefore, subject garrett & sons to any such liability. it follows that they took the bonds unaffected by any agreement in respect thereto between ..... of stock, and yielded to garrett & sons any claim to the bonds of the american file company belonging to chapman or his firm, and took an indemnity against any supposed liability which might attach to them as holders of the stock belong to the estate of chapman. in gray v. coffin, 9 cush. ..... of action which would ensue if the complainants page 110 u. s. 292 should call on the assignees for contribution, and they on garrett & sons for indemnity. after this cause was put at issue by the answer of garrett & sons and by the replication of complainants, it was removed to the circuit court ..... themselves and the bankrupt estate. if, therefore, the assignees themselves are not liable as stockholders, garrett & sons by this contract of indemnity assumed no liability, and they hold the bonds in question unfettered by any equities or conditions. it is well settled that under ..... which they might collect from them on the bonds of the company. it is clear that garrett & sons did not by this contract agree to become stockholders of the corporation or to indemnify chapman against his individual liability as a stockholder. the agreement will bear no such interpretation. the .....

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1871

insurance Company Vs. Bailey

Court : US Supreme Court

..... respects by different rules of construction from those applied by the courts in case of policies against marine risks or policies against loss by fire. marine and fire policies are contracts of indemnity, by which the claim of the insured is commensurate with the damages he sustained by the loss of, or injury to, the property page 80 u. s. 619 insured ..... and that the party effecting the policy had an insurable interest, such as is described, in the life of the person insured at the inception of the contract, as the contract is not merely for an indemnity, as in marine and fire policies. two policies for insurance upon the life of albert bailey, the husband of the appellee, were issued by the appellants ..... must necessarily have some pecuniary interest in the life of the cestui qui vie are founded in an erroneous view of the nature of the contract, that the contract of life insurance is not necessarily one merely of indemnity for a pecuniary loss, as in marine and fire policies, that it is sufficient to show that the policy is not invalid as a ..... . such being the nature of the contract, it is clear that an absolute sale of the property insured, prior to the alleged disaster, is a good defense to an action on the policy, as the insured cannot justly claim indemnity for the loss of, or injury to, property in which he had no insurable .....

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1874

Maryland Vs. Railroad Company

Court : US Supreme Court

..... held to have undertaken to pay in gold, since payment by legal tender notes would not amount to indemnity. but we see nothing in the contract which justifies its being construed as a contract of indemnity. it may be conceded, and it probably was the fact, that both parties thought what the company ..... the interest to london to be there paid and also the difference in exchange of currency between london and baltimore. this was a stipulation for indemnity. it covered all that the state was required to pay as interest on her sterling bonds. but it was expressly limited to the interest for ..... themselves, and is of course quite unauthorized, as well as liable to great practical injustice in the application." applying these principles and looking to the contract, we discover no basis for such an implication as the plaintiff in error asserts. we are asked to consider the circumstances which attended page 89 u ..... the state has not exacted from the company all that was necessary to its own complete indemnification, this being especially true in the case of a contract where in other parts a complete indemnification was specifically and carefully provided for, and in one where, at the time it was made, there ..... of the parties. 2. a reference to what are called "surrounding circumstances" is allowed for the purpose of ascertaining the subject matter of the contract or for an explanation of the terms used, not for the purpose of adding a new and distinct undertaking. 3. an implication that a railroad .....

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