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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Page 3 of about 9,214 results (0.077 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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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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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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Nov 12 1888 (FN)

Central Bank of Washington Vs. Hume

Court : US Supreme Court

..... an event which is sure at some time to happen in consideration of the payment of the premiums as stipulated, nevertheless the contract is also a contract of indemnity. if the creditor insures the life of his debtor, he is thereby indemnified against the loss of his debt by the death of the ..... life, and can protect himself accordingly if he so chooses. marine and fire insurance is considered as strictly an indemnity, but while this is not so as to life insurance, which is simply a contract, so far as the company is concerned, to pay a certain sum of money upon the occurrence of ..... a decree therefor, as well as for the amount of the maryland and connecticut policies and the premiums paid thereon. it is not denied that the contract of the maryland insurance company was directly between that company and mrs. hume, and this is, in our judgment, true of that of the connecticut ..... their legal representatives. the application for this policy was signed "annie g. hume, by thomas l. hume." it was expressly provided as part of the contract that the policy was issued and delivered at hartford, in the state of connecticut, and was "to be in all respects construed and determined in accordance ..... debtor before payment, yet if the creditor keeps up the premiums, and his debt is paid before the debtor's death, he may still recover upon the contract .....

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Apr 06 1908 (FN)

Allemannia Fire Ins. Co. Vs. Firemen's Ins. Co.

Court : US Supreme Court

..... commercial world for a long number of years, and it is entirely different from what is termed "double insurance" -- i.e., an insurance of the same interest. the contract is one of indemnity to the person or corporation reinsured, and it binds the reinsurer to pay to the reinsured the whole loss sustained in respect to the subject of the insurance to ..... of payment specified in the policy of the fulton company -- otherwise the defendant's policy would not be the contract of indemnity intended, and endless litigation might ensue." bearing in mind what the contract of reinsurance, pure and simple, means, and how these contracts have been enforced in the past when some special language has been introduced in regard to the payment under a ..... reinsurance policy, the question arises whether, by the use of the language of the eleventh subdivision, the contract of reinsurance, while .....

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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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