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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Page 7 of about 9,200 results (0.097 seconds)

Jan 06 1903 (FN)

Hartford Fire Ins. Co. Vs. Wilson

Court : US Supreme Court

..... ; that the condition upon which they were deposited with the agent of the insured failed, and therefore that, at the time of the fire, there was no subsisting contract of indemnity between the company and the insured. the judgment of the court of appeals is reversed, and the case remanded to that court with instructions to set aside its judgment ..... or statements made by the agent of the company, and not contained in the contract of insurance, would have formed no part thereof, and could not have been insisted upon by the plaintiff as against the defendant company. . . . insurance companies may with entire ..... executed instruments between the parties. all negotiations had before such event and all parol agreements between the assured and the agent of the defendant would have been merged in the contract evidenced by the policies themselves had the negotiations been carried out as intended, and such policies been absolutely delivered to and accepted by the plaintiff. hence, any oral representation ..... of the majority, after referring to other cases of conditional delivery (some of which we have notice in this opinion), stated as a reason for distinguishing this case: "the contracts and instruments involved in those cases are very different from the policies of insurance sued upon. these are elaborate instruments, and abound in stipulations and conditions. among these, note the .....

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1816

Hepburn and Dundas' Heirs Vs. Dunlop and Co.

Court : US Supreme Court

..... those defendants against these claims in case they should be made and enforced by auld, who is declared to be alone entitled to make them. this contract of indemnity, therefore, did not amount to a release, nor did it impair the rights of dunlop & co. under their agreement with hepburn and dundas. as ..... party or the like, a court of equity will interpose and afford a relief, which a court of common law cannot, by setting aside the contract, and having thus obtained jurisdiction of the principal question, that court will proceed to make such other decree as the justice and equity of the case ..... which seemed to close forever the doors of a court of equity against hepburn and dundas, opened them to dunlop & co. to get rid of the contract altogether, auld filed the bill which is now under consideration, stating, amongst other things, the previous and present inability of hepburn and dundas to make a ..... , 1807, auld made a tender of the difference between the sum awarded to dunlop & co. and the purchase money and interest due upon graham's contract and demanded a deed, but this demand was made in a manner and under circumstances which this court, upon a former occasion, deemed unreasonable. things remained ..... convey the same to the person who by such determination or compromise should be acknowledged to be entitled to it in the manner expressed in the contract with graham. it was also stipulated that if the purchase money for the said land, with interest thereon to 2 january, 1800, should be .....

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1826

Armstrong Vs. Toler

Court : US Supreme Court

..... spread at large upon the record. "the rule of law under which the defendant seeks to shelter himself against a compliance with his contract to indemnity the plaintiff for all sums which he might have to pay on account of the goods shipped from new brunswick for the defendant and ..... introduce these goods into the united states or had consented to become the consignee with a view to their introduction, these circumstances would vitiate the contract. he had already said, therefore, that an interest in armstrong's goods was not indispensably necessary to make toler a participator in the ..... importation or should advance money to b. to enable him to pay those expenses, these acts, the court thought, would constitute a new contract the consideration of which would be sufficient to maintain an action. it cannot be questioned that however strongly the laws may denounce the crime of ..... relation to his own goods." if this opinion be contrary to law, the judgment ought to be reversed. the opinion is that a new contract, founded on a new consideration although in relation to property respecting which there had been unlawful transactions between the parties, is not itself unlawful. ..... them for the owner, a promise to repay any advances made under such understanding or agreement is utterly void. general principle as to illegality of contracts, and distinctions by which it is limited. the authorities on this subject reviewed. inconvenience of the practice of bringing the whole evidence, instead of .....

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1877

Pensacola Tel. Co. Vs. Western Union Tel. Co.

Court : US Supreme Court

..... counsel, but that its defect lay in the character of the business; that issuing a policy of insurance was not a transaction of commerce; that the policies were mere contracts of indemnity against loss by fire, and not articles of commerce in any proper meaning of the term. in other words, the court held that the power of congress to regulate ..... , associations, and corporations. . . . the defect of the argument lies in the character of their (insurance companies) business. issuing a policy of insurance is not a transaction of commerce. . . . such contracts (policies of insurance) are not interstate transactions, though the parties are domiciled in different states." the questions thus suggested need not be considered now, because no prohibitory legislation is relied ..... the recent reduction in rates show that more than eighty percent of all the messages sent by telegraph related to commerce. goods are sold and money paid upon telegraphic orders. contracts are made by telegraphic correspondence, cargoes secured, and the movement of ships directed. the telegraphic announcement of the markets abroad regulates prices at home, and a prudent merchant page ..... commerce was not affected by the fact that such commerce was carried on by corporations, but that a contract of insurance made by a corporation of one page 96 u. s. .....

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Mar 16 1891 (FN)

St. L., I.M. and S. Ry. Co. Vs. Commercial Union

Court : US Supreme Court

..... right of the insurer against such other person does not rest upon any relation of contract or of privity between them. it arises out of the nature of the contract of insurance as a contract of indemnity, and is derived from the assured alone, and can be enforced in his right ..... , was no bar to this action, and that the fourteenth instruction requested was rightly refused. it is not contended that the plaintiff's contracts were void for want of compliance with the provisions of the statutes of arkansas concerning foreign insurance companies, and it does not even appear ..... state respecting insurance companies were faithfully executed, declaring it to be unlawful for any person, company, or corporation to solicit or make any contract of insurance within the state without complying with the provisions of this act and requiring every insurance company or association, domestic or foreign, doing ..... sheds owing to the neglect of the defendant railway company, though often requested by the compress company, to furnish transportation according to the contract between them, the compress company piled and kept these bales and much more other cotton in the street adjoining. the defendant railway company, ..... 1887, the defendant, whose railway extended from little rock in arkansas across the arkansas river to argenta and beyond, had made an oral contract with the union compress company, which was engaged in compressing bales of cotton for transportation, to receive all cotton in bales that might be .....

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Jan 29 1894 (FN)

imperial Fire Ins. Co. Vs. Coos County

Court : US Supreme Court

..... repairing the premises named herein." contracts of insurance are contracts of indemnity upon the terms and conditions specified in the policy or policies embodying the agreement of the parties. for a comparatively small consideration, the insurer undertakes to guaranty the ..... either causing the fire or of increasing the risk at the time it occurred, page 151 u. s. 462 then there was no breach of the condition contained in the contract that "this policy shall be void and of no effect if, without notice to the company, and permission therefor endorsed hereon, . . . mechanics are employed in building, altering, or ..... and having neither notified the plaintiff in error, the insurer thereof nor obtained its consent in writing therefor, the conditions of the policy were violated, and by its terms the contract terminated. (3) it was error to instruct the jury that it was immaterial what had occurred to increase the hazard during the repairs, unless such increased hazard existed at ..... repairs were extraordinary, and not ordinary, repairs, such as were necessary in the use of the premises insured, and such as might have been contemplated by the parties when the contract was made, and the following request for a ruling was made to the presiding judge, viz.: "the defendants request the court to rule that the building, altering, and repairing .....

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Dec 04 1911 (FN)

Grigsby Vs. Russell

Court : US Supreme Court

..... to deny the right to sell except to persons having such an interest is to diminish appreciably the value of the contract in the owner's hands. the collateral difficulty that arose from regarding life insurance as a contract of indemnity only ( godsall v. boldero, 9 east 72), long has disappeared ( phoenix mutual life ins. co. v. ..... had become void by the failure of burchard to pay the third premium ad diem, and that, when grigsby paid, he was making a new contract. but a condition in a policy that it shall be void if premiums are not paid when due means only that it shall be voidable at ..... interest in the life insured is the public policy that refuses to allow insurance to be taken out by such persons in the first place. a contract of insurance upon a life in which the insured has no interest is a pure wager that gives the insured a sinister counter-interest in having ..... fire & marine ins. co., 135 mass. 248. the company waived the breach, if there was one, and the original contract with burchard remained on foot. no question as to the character of that contract is before us. it has been performed and the money is in court. but, this being so, not only does the objection ..... bailey, 13 wall. 616). and cases in which a person having an interest lends himself to one without any, as a cloak to what is in its inception a wager have no similarity to those where an honest contract .....

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Dec 08 1890 (FN)

Johnson Vs. Risk

Court : US Supreme Court

..... of the page 137 u. s. 303 said e. f. risk did not discharge him or his assets from liability to the plaintiff on the contract of indemnity, a copy of which is marked 'exhibit a,' and a part of this bill, but such liability remains upon his estate, and the said thomas ..... nor when suit for its recovery was commenced against johnson, but it was, of course, prior to april 22, 1878, when judgment was recovered. the contract of e. f. risk had therefore been broken prior to that time, and this action was commenced on the 28th of october, 1885, more than seven ..... 77. the bill counted upon the liability of e. f. risk under the agreement attached as an exhibit, and not otherwise. by that agreement, risk contracted to pay all the debts and liabilities of every kind of the firms, to assume the liabilities, and to save johnson harmless. this was broken by a ..... actions against the sureties of guardians, executors and administrators, sheriffs, clerks, and other public officers, for nonfeasance, misfeasance, and malfeasance in office; actions on contracts not otherwise expressly provided for, within six years after the cause of action accrued." "3481-2784. actions against the personal representatives of a deceased person shall be ..... assumed by risk was one to his son l. tiff risk, who declined to sue his father for the debt, notwithstanding he knew of the contract "by which his father had gotten all the assets of the said firms, and had agreed to pay all their debts and liabilities," but brought .....

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Jun 02 1902 (FN)

Hoffeld Vs. United States

Court : US Supreme Court

..... limited liability act, who, as above stated, takes the interest of the owner in the vessel and freight, but not his interest in a collateral contract of insurance. the contract evidenced by the statute is really a contract of indemnity, and provides, much like a policy of insurance, that, if the owner lose his property he shall recover what he paid for it. we ..... such interest under the law did not operate as an assignment of his insurance upon the vessel, which was a collateral contract, personal to the insured but not conferring upon him any interest in the property -- in other words, the contract of insurance does not attach itself to the thing insured or go with it when it is transferred. see cases cited ..... see no reason why the general rule above stated, that a contract of insurance does not accompany a transfer of the thing insured, does not apply to this statute. it .....

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Dec 03 1934 (FN)

irving Trust Co. Vs. A. W. Perry, Inc.

Court : US Supreme Court

..... petitioner's contention is that, inasmuch as claims for future rent, or for damages for the breach of the covenant to pay rent, or claims upon contracts of indemnity conditioned upon reentry by the landlord subsequent to bankruptcy, were there held not provable, it logically follows that a claim for stipulated damages for page 293 ..... a penalty, and was therefore enforceable. see wm. filene's sons co. v. weed, 245 u. s. 597 . we concur in the view that the contract, as its terms were interpreted and applied, supports a provable claim for the stipulated damages. the judgment of the circuit court of appeals is affirmed. [ footnote 1 ..... the filing of the petition. the claim is not for rent reserved or upon the lease as such, but is founded upon an independent express contract, and hence within the very words of 63(a)(4). the circuit court construed the stipulation as an agreement on the part of the tenant ..... for the balance of the term. 2. the claim is not for rent reserved or upon the lease as such, but is one founded upon an independent express contract, and is within the very word of 63(a)(4) of the bankruptcy act. manhattan properties, inc. v. irvin trust co., 291 u. s. 320 ..... u. s. 311 breach of the lease may not be proved. we hold otherwise. by the terms of the contract, the filing of the petition in bankruptcy .....

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