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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Page 4 of about 9,200 results (0.089 seconds)

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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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 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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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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1807

Rhinelander Vs. Insurance Company of Pennsylvania

Court : US Supreme Court

..... the vessel may be afterwards recaptured or restored. an embargo or detention by a foreign friendly power, constitutes a total loss, and warrants an immediate abandonment. the contract of insurance is a contract of indemnity, and therefore the assured can "only recover according to the damage he has sustained." the state of the loss at the time of the offer to abandon, fixes ..... detention of foreign powers, and that a distinction between an arrest and such capture or detention has never been taken. page 8 u. s. 45 the contract of insurance is said to be a contract of indemnity, and therefore (it is urged by the underwriters, and has been repeatedly urged by them) the assured can only recover according to the damage he has ..... discharged. such is the rapidity of proceeding in a court of admiralty that its mandate of restoration is figuratively said to be "borne on the wings of the wind." commercial contracts have but little connection with figurative language, and are seldom rightly expounded by a course of artificial reasoning. merchants generally regard the fact itself, and if the fact be attended ..... case on which the courts of england do not appear to have expressly decided, and which must depend on general principles on analogy and on a reasonable construction of the contract between the parties. a capture by an enemy is a total loss although the property be not changed, because the taking is with an intent to deprive the owner of .....

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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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