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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Page 5 of about 9,200 results (0.069 seconds)

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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Feb 15 1932 (FN)

American Surety Co. Vs. Greek Catholic Union

Court : US Supreme Court

..... dishonesty, or forgery of kondor. it did not arise from the failure of the depositary, for the bank was not allowed to fail. the breach for which indemnity was to be afforded was kondor's default in the performance of his duties and with respect to the protection of the funds of the corporation. there is ..... of fact to the jury. we cannot agree with this view. assuming that respondent is right in its contention that the obligation here was in the nature of an insurance contract, rather than one of strict suretyship ( american surety co. v. pauly, 170 u. s. 133 , 170 u. s. 144 ; guaranty co. v. pressed brick ..... a material variation of the surety's risk. petitioner presented a point to the effect that the agreement with the trust company created a material variance in the contract of suretyship, page 284 u. s. 567 deprived the surety of recovery of salvage from the people's state bank, and relieved the petitioner of the ..... person could or would arrive in time to take part in the matter. this conversation took place on a sunday morning. late the same night, a contract was entered into between the people's state bank and the united states trust company of johnstown whereby the latter assumed all the liabilities of the bank, ..... undertaken in the instrument of suretyship, and depriving the insurer of the right of subrogation, such conduct operates to discharge the obligation of the indemnity contract. judgment reversed. mr. justice mcreynolds is of opinion the judgment should be affirmed. .....

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May 24 1937 (FN)

Hartford Steam Boiler Inspection and Ins. Co. Vs. Harrison

Court : US Supreme Court

..... insurance companies from licensure is unconstitutional. section 1 of the act of 1935 [ footnote 1 ] prohibits licensed fire or casualty insurance companies from writing or issuing any policy or indemnity contract on any risk in the georgia except through a resident agent licensed by the insurance commissioner. the section requires the applicant for a license to be a bona fide resident ..... approved march 28, 1935. georgia laws, 1935, p. 140: "no licensed fire or casualty insurance company or company writing fidelity or surety bonds, shall write or issue any policy or indemnity contract on any risk in this state except through a resident agent licensed by the insurance commissioner: provided . . . the words 'resident agent' as used in this section are deemed to mean ..... is a well recognized difference between stock and mutual insurance companies in that, in the case of the former, the relationship between the company and its policyholders is one of contract merely, they dealing at arm's length, whereas, in the latter, the policyholders are the owners of the company, and constitute its membership. other well known differences between mutual ..... agents of stock companies should not work on a salary has no relation to economy or efficiency in management. the answer of the insurance commissioner states that all of the contracts of mutual fire and casualty insurance companies are "negotiated by salaried employees," and that this method of doing business page 301 u. s. 463 was adopted "in order .....

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Apr 05 1915 (FN)

Thames and Mersey Marine Ins. Co., Ltd. Vs. United States

Court : US Supreme Court

..... . deer lodge county, 231 u. s. 495 . let it be assumed, as this court has said, that the insurance business, generically considered, is not commerce; that the contract of insurance is a personal contract -- an indemnity against the happening of a contingent event. the inquiry still remains page 237 u. s. 26 whether policies of insurance against marine risks during the voyage to ..... lading and policies or certificates of insurance. it is true that the bills of lading represent the goods, but the business of exporting requires not only the contract of carriage, but appropriate provision for indemnity against marine risks during the voyage. the policy of insurance is universally recognized as one of the ordinary "shipping documents." thus, when payment is to be made ..... lading without the policy. benjamin on sales, 590, note; hickox v. adams, 34 l. t. n.s. 404. the requirements of exportation are reflected in the familiar "c.i.f." contract (that is at a price to cover cost, insurance, and freight), which has "its recognized legal incidents, one of which is that the shipper fulfills his obligation when he has .....

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1806

Dutilh Vs. Gatliff

Court : US Supreme Court

..... relied much on the opinion of lord mansfield in the case of hamilton v. mendez, to establish this principle, that a policy of insurance, being in its nature a contract of indemnity, the plaintiff can recover no more than the amount of his actual loss at the commencement of the action. there is no doubt of the soundness of the principle: i ..... mean that a policy is a contract of indemnity. the only question is, at what period the rights of the parties are to be tested by this principle; whether at the time of abandonment, or of the commencement .....

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1806

Marine Insurance Company of Alexandria Vs. Tucker

Court : US Supreme Court

..... the policy was changed or not. as to this, there is no difference of opinion at the bar respecting the legal effect of an alteration of the voyage on the contract of indemnity; it is and must be conceded that the policy never attached. but the difficulty is in determining what circumstances do in point of law constitute such an alteration as ..... to conceive that cases may occur in which it would bear injuriously upon the insurer. if it has any defect, it is in not extending far enough the claim to indemnity, as the terminus ad quem may in many instances be relinquished without any possible increase of risk or even without varying the risk, except only as to lessening its duration ..... be landed at baltimore constituted a different voyage from the one agreed upon, and vitiates the policy, or in other words that the voyage which was the subject of the contract was never commenced. from a review of the cases which have been cited, the principle is established that where the termini of a voyage are the same, an intention to .....

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1872

Pickersgill Vs. Lahens

Court : US Supreme Court

..... liability for a debt; in the other, for a result in an action at law. both are cases of contract, for indeed suretyship can exist in no other way, and we know of no principle of equity by which a contract of indemnity is to be construed so as to charge an estate and an engagement to pay money to receive a contrary ..... parties, it will be reformed so as to conform to it. this has been done where there is a previous equity which gives the obligee the right to a several indemnity from each of the obligors, as in the case of money lent to both of them. there, a court of equity will enforce the obligation against the representatives of the ..... he insists they are not applicable here. his position is, that a statutory obligation like the bond in question is different in principle, and should be interpreted differently from a contract made by private parties between themselves, as the obligees in such a bond cannot direct the form it shall take, nor elect whether to accept or refuse it. the bond ..... joint and not several, on the ground that the lending to both creates a moral obligation in both to pay, and that the reasonable presumption is the parties intended their contract to be joint and several, but through fraud, ignorance, mistake, or want of skill, failed to accomplish their object. this presumption is never indulged in the case of a mere .....

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1881

The Potomac

Court : US Supreme Court

..... the insurer is not contingent upon the loss' having been total or upon its having been followed by an abandonment, but rests upon the ground that his contract is in the nature of a contract of indemnity and that he is therefore entitled, upon paying a sum for which others are primarily liable to the assured, to be proportionally subrogated to his right ..... of law governing this question are well settled, and the only difficulty is in applying them to the peculiar facts of the case. in order to make full compensation and indemnity for what has been lost by the collision, restitutio in integrum, the owners of the injured vessel are entitled to recover for the loss of her use while laid up ..... rights and obligations arising upon the policy of insurance. north of england insurance association v. armstrong, law rep. 5 q.b. 244. the amount which, by the effect of the contract of insurance and of the payment of a loss under it, the insurers had the right to recover to their own use from the potomac and her owners, they had .....

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1831

Patapsco Insurance Company Vs. Southgate

Court : US Supreme Court

..... of both parties, and is bound in good faith to act for the benefit of all concerned, and the underwriter must answer for the consequences, because it is within his contract of indemnity. this was the doctrine in the case of mills v. fletcher, 1 doug. 231; and which has been repeatedly sanctioned by the later decisions both in england and in ..... both parties, and is bound in good faith to act for the benefit of all concerned, and the underwriter must answer for the consequences, because it is within his contract of indemnity. there must be a necessity for a sale of the vessel and good faith in the master in making it, and the necessity is not to be inferred from the .....

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Mar 05 1889 (FN)

Liverpool and Great Western Steam Co. Vs. Phenix Ins. Co.

Court : US Supreme Court

..... subrogation of the libellant to the rights of the shippers against the carrier presents no serious difficulty. from the very nature of the contract of insurance as a contract of indemnity, the insurer, upon paying to the assured the amount of a loss, total or partial, of the goods insured, becomes, without ..... the goods are to be delivered at liverpool and the freight and primage therefore payable there in sterling currency do not make the contract an english contract or refer to the english law the question of the liability of the carrier for the negligence of the master and crew in ..... american, both parties must be presumed to have submitted themselves to the law there prevailing, and to have agreed to its action upon their contract. the contract is a single one, and its principal object, the transportation of the goods, is one continuous act, to begin in the port of ..... they dealt, and that such law ought therefore to prevail in the absence of circumstances indicating a different intention, as, for instance, that the contract is to be entirely performed elsewhere, or that the subject matter is immovable property situated in another country, and so forth, which latter, though ..... and in respect to her seaworthiness and outfit and everything within the reasonable limits of skill and foresight, the respondent fully complied with its contract of affreightment, and with all the requirements of law. as to the allegations of the libel concerning insurance and subrogation, the answer averred that .....

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