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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Page 8 of about 9,214 results (0.111 seconds)

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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Nov 25 1929 (FN)

Herbring Vs. Lee

Court : US Supreme Court

..... ) it shall be unlawful for any fire insurance company doing business in the state of oregon to write, place, or cause to be written or placed, any policy or contract for indemnity or insurance on property situated or located in the state of oregon except through or by the duly authorized agent or agents of such insurance company residing and doing business .....

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1978

LEE HY PAViNG CORP. Vs. O'CONNOR

Court : US Supreme Court

..... question whether the due process clause permits a tort plaintiff to obtain jurisdiction in new york over a defendant whose sole contact with the state arises from the defendant's contract for indemnity with a company that does business in new york. [ footnote 1 ] the case presents an issue of considerable importance, with troublesome ramifications in the spacious arena of personal injury .....

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Jan 05 1915 (FN)

Gilbert Vs. David

Court : US Supreme Court

..... circuit court for the district of connecticut. on may 24th, 1905, a substituted complaint was filed. the object of the suit was to recover for alleged breaches of a certain indemnity contract set forth in the complaint. in this substituted complaint, as well as in the original complaint, the allegation as to diverse citizenship is that plaintiff is a citizen of the .....

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Oct 30 1995 (FN)

Hercules, Inc. Vs. United States

Court : US Supreme Court

..... supra, 561. the majority cannot argue that, because those five sets of circumstances suggest the contrary. first, the majority implies that a contracting officer, in all likelihood, would not have agreed to an implicit promise of 437 indemnity, for doing so would amount to a bypass of, and "render ... superfluous," the statutes and "panoply of implementing regulations" that ..... c. 14311435 (1988 ed. and supp.v)). 12ju8tice breyer asserts that, by citing these statutes and regulations, "the majority implies that a contracting officer, in all likelihood, would not have agreed to an implicit promise of indemnity, for doing so would amount to a bypass of" the provisions. post, at 436-437. we view the statutes and regulations, which ..... implication as it is to those expressly made." sutton, 256 u. s., at 580 (opinion of brandeis, j.). when thompson contracted with the united states, statutory mechanisms existed under which a government contracting officer could provide an indemnity agreement to specified classes of contractors under specified conditions. see, e. g., 50 u. s. c. 1431 (1988 ed., supp. v) ..... provided to defense contractors); 10 u. s. c. 2354 (1956 statute authorizing indemnification provisions in contracts of a military department for research or development); 42 u. s. c. 2210 (indemnity scheme, first enacted statutes that expressly provide for the creation of indemnity agreements); the act bars agreements for which there has been no appropriation. we consider open-ended .....

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Mar 10 1947 (FN)

American Stevedores, Inc. Vs. Porello

Court : US Supreme Court

..... compensation payments received by porello. on cross-appeals by the united states and american, the circuit court of appeals held that american was bound by the indemnity provision of the stevedoring contract to make the united states completely whole. with that modification, it affirmed the decree below. 153 f.2d 605. the important issue in this proceeding ..... , the united states answered, denying fault on its part and claiming sovereign immunity from suit. later, by a petition charging american with fault and setting forth an indemnity provision of the stevedoring contract, the united states impleaded american. [ footnote 3 ] american then answered the libel, denying fault and asserting as an affirmative defense that, by accepting compensation payments, ..... received by the longshoreman. on cross-appeals by the united states and the contractor, the circuit court of appeals held that the contractor was bound by the indemnity provision of the stevedoring contract to make the united states completely whole, and affirmed the decree with that modification. 153 f.2d 605. this court granted certiorari. 328 u.s. ..... overruled the government's exceptions to the libel. 53 f.supp. 569. the government then impleaded the stevedoring contractor charging it with fault and setting forth an indemnity provision of the contract. the contractor answered the libel, denying fault and asserting as an affirmative defense that, by accepting compensation payments under the longshoremen's and harbor workers' act, .....

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Jan 09 1905 (FN)

Slavens Vs. United States

Court : US Supreme Court

..... general may discontinue the entire service on any route whenever the public interest, in his judgment, shall require such discontinuance, he allowing, as full indemnity to the contractor, one month's extra pay." in the contract it is stipulated: "it is hereby stipulated and agreed by the said contractor and his sureties that the postmaster general may change the schedule and ..... and, the contractor declining to perform the work remaining at the lower compensation, put an end to the contract by an order of discontinuance, allowing the contractor one month's extra pay as full indemnity. it is contended by the appellant that this contract, properly construed, while it permits the postmaster general to make changes in the schedule and termini of the ..... , it was within the power of the postmaster general to put an end to the contract by order of discontinuance, allowing one month's pay as indemnity, and to relet the remaining service; the power to terminate the contract on allowing a month's pay as indemnity was not predicated on an abandonment of the entire service. while the provisions in a ..... reservation, the postmaster general would be authorized to discontinue the entire service contemplated by the contract, and the practical effect of that would be to terminate the contract itself on making the indemnity specified." as to the other claim for extra services, n the stipulation of the contracts, it appears that the contractor was required to perform all new or additional or changed .....

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Apr 06 1914 (FN)

Miller Vs. United States

Court : US Supreme Court

..... right to rescind any acceptance of a proposal at any time before the signing on behalf of the united states of the formal contract, without the allowance of any indemnity to the accepted bidder." under this proposal, the bid of john b. crittenden to do the called-for work at $46, ..... superior service,' or whenever the public interest in his judgment should require its discontinuance or curtailment for any other cause, he allowing as a full indemnity to the contractor, one month's extra pay on the amount of service dispensed with and pro rata compensation for the amount of service retained and ..... 233 u. s. 6 interest, in his judgment, shall require such discontinuance, change, or curtailment for any other cause, he allowing a full indemnity to contractor one month's extra pay on the amount of service dispensed with, and not to exceed pro rata compensation for the amount of service ..... , on august 11, 1908, the postmaster general issued an order discontinuing the contract service over the route which the contract embraced, to take effect on september 30, 1908, and this order was enforced at the time mentioned and an indemnity allowance of pay for one month only was made the contractor. the petition ..... 000 per annum was accepted, and on the first of february, 1906, a contract was entered into between the government and crittenden and his sureties, john .....

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Mar 03 1958 (FN)

Weyerhaeuser S.S. Co. Vs. Nacirema Operating Co., Inc.

Court : US Supreme Court

..... issues of fact should have been submitted to the jury. we agree with petitioner on this point. petitioner's claim for indemnity primarily rests on the contractual relationship between it and respondent. while the stevedoring contract contained no express indemnity clause, [ footnote 1 ] it obligated respondent "to faithfully furnish such stevedoring services as may be required," and to ..... .2d 329, 331. if, in that regard, respondent rendered a substandard performance [ footnote 5 ] which led to foreseeable liability of petitioner, the latter was entitled to indemnity absent conduct on its part sufficient to preclude recovery. the evidence bearing on these issues -- petitioner's action in making the shelter on its ship available to respondent's ..... employed by respondent was injured while unloading petitioner's vessel. when the longshoreman sued petitioner on claims of negligence and unseaworthiness, petitioner impleaded respondent, claiming a right to indemnity for any damages the longshoreman might recover. the main case, involving the longshoreman's claims, was submitted to the jury, which found for the longshoreman on the ..... u. s. 567 . (b) if, in that regard, the stevedoring company rendered a substandard performance which led to foreseeable liability of the shipowner, the latter was entitled to indemnity, absent conduct on its part sufficient to preclude recovery. p. 355 u. s. 567 . (c) the evidence bearing on these issues was for jury consideration under appropriate instructions, .....

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Jan 13 1902 (FN)

Southern Pacific R. Co. Bell

Court : US Supreme Court

..... by secretary lamar in the case of the atlantic & pacific railroad co., 6 l.d. 84, 87: "as to the lands within the indemnity limits, the contract was based upon two contingencies -- that of losing lands within the granted limits and being able to find sufficient to indemnify the company among the odd ..... company, 6 l.d. 84: "waiving all questions as to whether or not said granting act took from the secretary all authority to withdraw said indemnity limits from settlement, it is manifest that the said act gave no special authority or direction to the executive to withdraw said lands, and when such ..... , 7 l.d. 100. the opinion of secretary lamar indicated that some of his predecessors had assumed that the power to withdraw lands within the indemnity limits could be exercised upon a definite location of the railroad before the loss in the place limits had been ascertained, but treating it as an ..... to the date of the grant, and takes precedence of all titles subsequently acquired, except those specifically named. (2) that to lands within the indemnity limits the company takes no title until a deficiency in the place limits has been ascertained and the company has exercised its right of selection, with ..... main object of which has been to fix the time when the right of the roads to particular lands within both the place limits and the indemnity limits finally attaches as against both prior and subsequent settlers. although, at the last term of this court, the question involved in the case under .....

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