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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Page 4 of about 9,212 results (0.073 seconds)

1880

insurance Company Vs. Stinson

Court : US Supreme Court

..... an auction sale; that if a party has a valid and subsisting second security for a given amount, and he enters into a contract of indemnity against the destruction of that security, and a loss by fire occurs, both parties having full knowledge of the state of the property and ..... justice says: "that an equitable interest may be insured is admitted. we can perceive no reason which excludes an interest held under an executory contract. while the contract subsists, the person claiming under it has undoubtedly a substantial interest in the property. if it be destroyed, the loss in contemplation of law ..... paid and notice be given to him of a desire on the part of the insurers to be subrogated to his rights, with a tender of indemnity against expenses. we are aware that views somewhat differing from these have been held by respectable authority, but we think without any sound reason. see ..... insurance company v. woodruff, 2 dutch. (n.j.) 541. to impose such restrictions and obligations upon the creditor would be to add to the contract of insurance conditions never contemplated by the parties, making of it a mere shadow of security and increasing the avenues of escape from obligation to pay, already ..... the title when the contract is entered into, such insurance would cover that second security, although by the subsequent course of events the older and .....

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May 10 1886 (FN)

The Great Western

Court : US Supreme Court

..... it by others; embracing rights of actions against others for torts causing the injury, if any there be, and upon policies of insurance or other contracts of indemnity, taking effect in consequence of or notwithstanding the loss. suppose, for instance, that, after the collision which gave to the libellants the lien and ..... and immaterial to say that the policy of insurance, taken out by the owner on his interest in the ship or freight, is a contract of personal indemnity, collateral to his ownership, which does not pass by operation of law with a transfer of the title to the thing which is the ..... omitted from the corresponding 4282 of the revised statutes, that the parties, nevertheless, might extend or limit the liability of ship owners by "making such contract as they please." a reference to the debates in congress upon the bill during its progress will show that this was the only provision which excited ..... as at common law, the owners of a steamboat were liable in personam for the loss by fire of specie carried by their boat, notwithstanding a contract of exemption, the loss having occurred from want of ordinary care on the part of those engaged in the navigation of the vessel. accordingly, it ..... by the abandon of the ship and their several shares in the vessel, from all further liability for the ship enterprise, particularly for the acts and contracts of the captain. in the ship are included all gains arising during the voyage, as well as the insurance. should the ship and the freight .....

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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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Nov 30 1896 (FN)

Willard Vs. Wood

Court : US Supreme Court

..... debtor of the principal creditor, or whether page 164 u. s. 520 the relation of suretyship or the indemnity to the surety existed or was known to the creditor when the debt was contracted. in short, if one person agrees with another to be primarily liable for a debt due from that other ..... on the mortgage; that this was an absolute promise to pay, and not merely a contract of indemnity, and that it could be proceeded on as a specialty, irrespective of whether the remedy on wood's contract with dixon was barred in the district or not. it is not denied that the enforcement ..... or the contract was open to all defenses existing between wood and bryan. city mission v. brown, 158 u ..... it is there said: "unlike the construction that has been placed upon the terms of the statute employed in the second section in regard to simple contract debts, the construction uniformly placed on the terms employed in the sixth section in regard to judgments, recognizances, and specialities of various kinds, owing to ..... the language employed in this latter section, has been different, and unyielding to circumstances that would remove the bar of the statute as applied to simple contract debts. hence, it has been uniformly held that a mere acknowledgment of the debt due on judgment, or even an express promise to pay the .....

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Jan 06 1902 (FN)

Guarantee Co. Vs. Mechanics Bank

Court : US Supreme Court

..... that the bank was responsible for the representations of its cashier in the one instance and its president in the other in procuring these contracts of indemnity. the representations made in the declaration on which the cashier's bond was issued were clearly misrepresentations. the teller's bond required notification ..... just prior to schardt's death, he assigned to the bank some property of slight value and about eighty thousand dollars of life insurance as indemnity. from these collaterals the bank realized the sum of $46,448.86, and for the remainder of the default the company was held ..... terms of the instrument executed for the protection of the bank." but this rule cannot be availed of to refine away terms of a contract expressed with sufficient clearness to convey the plain meaning of the parties, and embodying requirements compliance with which is made the condition to liability ..... actually defrauded by the said employee, and that he suffers absolute and ultimate loss thereby to the full amount claimed hereunder, and that the contract created as aforesaid hath been fully performed and observed on the part of the said employer." "provided always, that this bond and guarantee ..... the employer has delivered to the company a certain statement, and it being agreed and understood that such statement constitutes an essential part of the contract hereinafter expressed;" "now, therefore, in consideration of the sum of one hundred dollars lawful money of the united states of america, to the .....

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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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Feb 23 1915 (FN)

Williams Vs. United States Fid. and Guar. Co.

Court : US Supreme Court

..... of appeals of georgia (11 ga.app. 635), and the cause is here upon writ of error. page 236 u. s. 554 the state court treated the written contract of indemnity between the bankrupts and the surety company as the expression of what would have been implied, and declared: "the bankrupts owed the surety nothing at the time the petition in ..... notwithstanding the discharge would have extinguished this if the surety had promptly performed as he agreed. such an interpretation would effectually defeat a fundamental purpose of the enactment. the written indemnity agreement embodied in the bankrupt's application to the surety company for execution of the bond, so far as its terms are important here, but expressed what otherwise would have ..... in bankruptcy acquits the express obligation of the principal to indemnify his surety against loss by reason of their joint bond conditioned to secure his faithful performance of a building contract broken prior to the bankruptcy, although the surety did not pay the consequent damage until thereafter. 11 ga.app. 635 reversed. the facts, which involve the construction of the ..... him to start afresh free from obligations and responsibilities consequent upon business misfortunes. within the intendment of the bankruptcy law, provable debts include all liabilities of the bankrupt founded on contract, express or implied which at the time of the bankruptcy were fixed in amount or susceptible of liquidation. under the provisions of the bankrupt act, the surety of the .....

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Jun 10 1963 (FN)

United States Vs. Pioneer American Ins. Co.

Court : US Supreme Court

..... v. vorreiter, 355 u. s. 15 . thus, the fact that, under arkansas law, the claim for attorney's fees becomes enforceable upon default as a contract of indemnity does not foreclose inquiry by this court into the degree the claim is choate at that time. [ footnote 8 ] there is nothing in security mortgage co. ..... the claim for the attorney's fee, arising out of the obligations assumed by the taxpayer in 1958, became enforceable under arkansas law as a contract of indemnity at the time of default in october, 1960, before the filing of the first federal tax liens. furthermore, it is evidence that the suit ..... supreme court of arkansas subordinating the federal tax lien (26 u.s.c. 6321) to a lien for attorney's fees included in an antecedent mortgage contract. 235 ark. 267, 357 s.w.2d 653. because of conflict between the arkansas decision and united states v. bond, 279 f.2d 837 ..... surety made advances to complete another contract of the taxpayer, as the surety was obligated to do under its bond issued on that contract, and the taxpayer thereby became indebted to the surety. the majority held the surety's interest " ..... ball once again provides a parallel. sums due the contractor taxpayer under a particular construction contract were assigned to the surety as security for any future indebtedness of the contractor to the surety arising under that contract or any other. after the filing of the federal tax lien against the contractor, the .....

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Feb 21 1910 (FN)

Penman Vs. St. Paul Fire and Marine Ins. Co.

Court : US Supreme Court

..... and appliances in daily use in the business of the company. the rules of construction applicable to such a contract of insurance are well settled. the object of the contract is indemnity against the loss by fire of the business plant, or any portion of it, while used and occupied by ..... effective for the protection of the insured. in other words, the contract should be liberally construed in aid of the indemnity which was in contemplation of the parties who made it. w. & a. pipe lines ..... removed to the united states court for the western district of pennsylvania. plaintiff's statement, to use the local name for her pleading, alleged a contract of insurance whereby the insurance company insured, for the term of three years, against direct loss by fire, "a two-story shingle-roofed building, ..... against modification by custom of trade or manufacture or by agents, and are unambiguous, courts cannot admit parol testimony to alter the written words of the contract. northern assurance co. v. grand view building association, 183 u. s. 308 . 151 f. 961, affirmed. the facts, which involve ..... the owners in the manner and for the purposes for which it was designed. if its provisions are susceptible of two or more interpretations, that one should be adopted that will make the contract .....

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Apr 13 1931 (FN)

Maynard Vs. Elliott

Court : US Supreme Court

..... as to place his claim, so far as its certainty of accrual and its susceptibility of liquidation are concerned, upon the same footing as the contract of indemnity which was held provable in williams v. u.s. fidelity co., supra, although the claimant had done nothing at the time of the bankruptcy to ..... satisfy the liability for which the indemnity was given. see also central trust co. v. chicago auditorium, supra, pp. 240 u. s. 593 -594. the claim against the indorser of paper ..... such as to make any valuation of the claim impossible, even though liability has attached. of this latter class was the claim upon the bankrupt's contract to pay his divorced wife a specified amount annually so long as she should remain unmarried, proof of which was for that reason rejected in dunbar ..... contingent claims in 63 of the present act has led to some confusion and uncertainty in the decisions, it is now settled that claims founded upon contract, which at the time of the bankruptcy are fixed in amount or susceptible of liquidation, may be proved under subdivision (a)(4) of that section ..... with a rebate of interest upon such as were not then payable and did not bear interest; . . . (4) founded upon an open account, or upon a contract espress or implied. . . ." "(b) unliquidated claims against the bankrupt may, pursuant to application to the court, be liquidated in such manner as it shall direct, .....

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