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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Page 3 of about 9,219 results (0.092 seconds)

Mar 10 1884 (FN)

United States Vs. Ryder

Court : US Supreme Court

..... decided march 10, 1884 110 u.s. 729 appeal from the circuit court of the united states for the district of new jersey syllabus without an express contract of indemnity, a surety on a recognizance for the appearance of a person charged with committing a criminal offense against the laws of the united states, cannot maintain an ..... there is hardly a duty, and it may very well be that the promise to indemnify the bail in a criminal matter should be considered purely as an indemnity, which it has been decided to be." this decision (made in 1863) has not, so far as we are aware, been shaken by any subsequent case ..... one, and void by the statute of fraud for not being in writing; if she was not thus liable, then the father's promise was an original promise of indemnity, and the statute of frauds did not apply. the case was fully argued first in the king's bench, 2 b. & s. 697, and afterwards in ..... obliged to pay on default of the principal under an act of parliament, but it was virtually conceded page 110 u. s. 735 that no such promise of indemnity would be implied for the nonappearance of the principal, because it would be against public policy. in the course of the argument, jervis, c.j., said: " ..... failed to pay the costs." and in the final opinion he said: "the rule [to set aside for the plaintiff] was moved on the ground that a contract, in a criminal case, to indemnify the bail against the consequences of a default of the principal's appearance on the trial of the indictment, is contrary .....

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Feb 05 1934 (FN)

Manhattan Properties, Inc. Vs. Irving Trust Co.

Court : US Supreme Court

..... act of reentry, which must occur at a date subsequent to the filing of the petition. obviously this contract of indemnity is not breached by bankruptcy, and cannot be breached until the duty of indemnifying the landlord arises. that obligation cannot be complete until the expiration of the original term. there ..... a damage claim against the estate, this cannot be true as respects these independent covenants of indemnity. for here, the landlord does not rely upon the destruction of his contract by the bankruptcy; he initiates a new contract of indemnity by the affirmative step of reentry. and this new contract comes into being not by virtue of the bankruptcy proceeding, but by force of the ..... by the congress, but there is no evidence to support this view and it is inconsistent with the longstanding contrary judicial construction. it remains to consider the effect of the indemnity covenants in the leases. these do not provide for liquidation of damages ( compare wm. filene's sons co. v. weed, supra ), nor indeed for any right to damages for breach ..... can be no debt provable in bankruptcy arising out of a contract which becomes effective only at the claimant's option and after the inception of the proceedings, the fulfillment of .....

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May 27 1963 (FN)

Reed Vs. the Yaka

Court : US Supreme Court

..... the real reason for its decision is that a contrary result would make little economic sense after the decision in ryan, supra, holding that, on the basis of an implied contract of indemnity, a shipowner is entitled to reimbursement from an independent stevedore of a judgment obtained against the shipowner by the stevedore's employee. admittedly, the liability imposed in ryan is ..... recover against the ship. but since the defective pallet was furnished by pan-atlantic, the trial judge went on to hold that it must make waterman whole because of an indemnity clause in the bareboat charter agreement. 183 f.supp. 69. the court of appeals for the third circuit reversed the judgment, holding that neither waterman nor pan-atlantic could be ..... forcing them to shoulder their losses alone, and the broad range of the "humanitarian policy" of the doctrine of seaworthiness, which we held not to depend upon any kind of contract. 328 u.s. at 328 u. s. 93 -95. we further held that the longshoremen's and harbor workers' act was not intended to take away from longshoremen the traditional ..... question of whether a shipowner who was forced to pay damages to a longshoreman injured by the unsafe storage of cargo could recover indemnity from the stevedoring company for whom the longshoreman worked. even in the absence of an indemnity provision, the court held that the stevedoring company was liable over to the shipowner because it had promised to store the cargo .....

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1832

Boyle Vs. Zacharie

Court : US Supreme Court

..... the business of the principal, which was wholly beyond the scope of the authority delegated to the agents. in this view of the matter, the contract of indemnity would clearly refer for its execution to louisiana, as much so as if boyle had authorized zacharie & turner to advance money there on his account, ..... indemnify them for any loss they might sustain on his account. he afterwards gave the defendants a security for their liability on 1 may, 1819. the contract of indemnity was as follows: "i will see messrs zacharie & turner paid whatever sum they have to pay vincent, nolte & company on account of a ..... it as full a sanction as if it had been done under an original authority. the ratification of this contract by boyle was complete and perfect, and he treated it as a louisiana contract of indemnity, for his benefit, by which he was bound, and which he ought to discharge in that state. ..... 101, 16 u. s. 146 ; see also coolidge v. poor, 15 mass. 427; consequa v. fanning, 3 johns.ch. 587. but if the contract had been unauthorized and beyond the agency, still the subsequent ratification of the transaction by boyle would have the same operation according to the well known maxim that subsequent ..... for which he would repay them. such a contract would be understood by all parties to be a contract made in the place where the advance was to .....

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Jun 05 1944 (FN)

United States Vs. South-eastern Underwriters

Court : US Supreme Court

..... . [ footnote 9 ] the modern insurance business holds a commanding position in the trade and commerce of our nation. built page 322 u. s. 540 upon the sale of contracts of indemnity, it has become one of the largest and most important branches of commerce. [ footnote 10 ] its total assets exceed $37,000,000,000, or the approximate equivalent of ..... of their business. issuing a policy of insurance is not a transaction of commerce. the policies are simple contracts of indemnity against loss by fire, entered into between the corporations and the assured, for a consideration paid by the latter. these contracts are not articles of commerce in any proper meaning of the word. they are not subjects of trade and ..... interstate commerce because in some instances the commodities insured move across state lines, or because interstate communication and transportation are in some instances incidental to the business of issuing insurance contracts. this is so both because, as we have said, we are bound by the district court's construction of the indictment, and, more importantly, because such effects on ..... intercourse among the states composed of collections of premiums, payments of policy obligations, and the countless documents and communications which are essential to the negotiation and execution of policy contracts. individual policyholders living in many different states who own policies in a single company have their separate interests blended in one assembled fund of assets upon which all are .....

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Mar 01 1886 (FN)

Phoenix Ins. Co. Vs. Erie and W. Transp. Co.

Court : US Supreme Court

..... the assured, is necessary to perfect the title of the insurer. from the very nature of the contract of insurance as a contract of indemnity, the insurer, when he has paid to the assured the amount of the indemnity agreed on between them, is entitled, by way of salvage, to the benefit of anything that ..... protect them from liability for any loss occasioned by their own negligence. by the settled doctrine of this court, even an express stipulation in the contract of carriage that a common carrier shall be exempt from liability for losses caused by the negligence of himself and his servants is unreasonable and ..... insurance did not attach to these goods, were also made on that day, and described the goods as on board the propeller. the contract of carriage and the contract of insurance must therefore be treated as substantially contemporaneous, and both made before the loss of the goods. there is nothing to show ..... in consequence of those terms and conditions, or other consideration paid therefor; but the shippers had often before shipped goods by this line under similar contracts, and thereby knew, or had every opportunity of knowing, the contents of these bills of lading. the propeller completed the lading of the goods ..... may be received, either from the remnants of the goods, or from damages paid by third persons for the same loss. but the insurer stands in no relation of contract or of .....

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Dec 15 1913 (FN)

New York Life Ins. Co. Vs. Deer Lodge County

Court : US Supreme Court

..... answer the question, and it would rack ingenuity to attempt to vary its expression or more aptly illustrate it. a policy of insurance, the cases declare, is a personal contract, a mere indemnity, for a consideration, against the happening of some contingent event which may bring detriment to life or property, and its character is the same no matter what the event ..... of the business done. "issuing a policy of insurance is not a transaction of commerce. the policies are simply contracts of indemnity against loss by fire entered into between the corporations and the assured for a consideration paid by the latter. these contracts are not articles of commerce in any proper meaning of the word. they are not subjects of trade and barter ..... taken on essentially a national and international character, and that, when paul v. virginia was decided, the business was "to a great extent local -- that is, conducted through the domestic contracts by stock companies. the great and commanding organizations of the present day had hardly begun the amazing developments which have made them page 231 u. s. 508 the greatest associations ..... , collect the first premium, and deliver the policy, which is prepared and transmitted from the home office to him for such purpose. the company also employs an agency director by contract in writing directly with the home office through the mails, who supervises the work of soliciting agents and recommends those who desire to become such. the company also employs medical .....

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May 26 1924 (FN)

United States Vs. Supplee-biddle Hardware Co.

Court : US Supreme Court

..... , 72 n.h. 12; united security life & trust co. v. brown, 270 pa. 264. life insurance in such a case is, like that of fire and marine insurance, a contract of indemnity. central bank of washington v. hume, 128 u. s. 195 . the benefit to be gained by death has no periodicity. it is a substitution of money value for something permanently ..... lost, either in a house, a ship, or a life. assuming, without deciding, that congress could call the proceeds of such indemnity income, and validly tax it as such, we think that, in view of the popular conception of the life insurance as resulting in a single addition of a total sum ..... of earning power in case of his death were not taxable as income under the act. p. 265 u. s. 194 . 2. assuming that congress could tax proceeds of such indemnity life insurance as income, its purpose to do so should be express, in view of the popular conception of life insurance as resulting in a single addition to the resources ..... on the death of the insured are not usually classed as income. life insurance in such a case as the one before us is valid, and is not a wagering contract. there was certainly an insurable interest on the part of the company in the life of biddle. mutual life insurance co. of new york v. board, 115 va. 836; keckley .....

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1827

Scott Vs. Shreeve

Court : US Supreme Court

..... that suit have set off the amount paid to the bank upon his note. the engagement of janney, on assuming the payment of the note to the bank, was a contract of indemnity only, and rested in damages, and could never form the subject of a setoff at law, and although an action at law might be maintained against janney upon this ..... the party must be turned round to his remedy at law upon his indemnity. but in the present case it would be gross injustice and a certain denial of all remedy to refuse relief on this ground, janney having become insolvent. there was, then ..... . shreeve 25 u.s. 605 appeal from the circuit court for the district of columbia syllabus relief in equity against a judgment at law upon certain bonds given for the indemnity of the obligee, as endorser of notes drawn by the obligor, the consideration having, failed. the assignee of such bonds takes them subject to all equities existing between the original ..... indemnity, it would be going too far, even if janney was solvent, to say that a court of equity could not interpose and stay a recovery upon the bonds, but that .....

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1869

Paul Vs. Virginia

Court : US Supreme Court

..... insurance is not a transaction of commerce within the meaning of the latter of the two clauses, even though the parties be domiciled in different states, but is a simple contract of indemnity against loss. the case was thus: an act of the legislature of virginia, passed on the 3d of february, 1866, provided that no insurance company not incorporated under the ..... character of their business. issuing a policy of insurance is not a transaction of commerce. the policies are simple contracts of indemnity against loss by fire, entered into between the corporations and the assured, for a consideration paid by the latter. these contracts are not articles of commerce in any proper meaning of the word. they are not subjects of trade and barter ..... think proper to impose. they may exclude the foreign corporation entirely; they may restrict its business to particular localities, or they may exact such security for the performance of its contracts with their citizens as in their judgment will best promote the public interest. the whole matter rests in their discretion. if, on the other hand, the provision of the constitution ..... . earle, "it must dwell in the place of its creation, and cannot migrate to another sovereignty." the recognition of its existence even by other states, and the enforcement of its contracts made therein, depend purely upon the comity of those states -- a comity which is never extended where the existence of the corporation or the exercise of its powers are prejudicial .....

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