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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Page 8 of about 9,200 results (0.079 seconds)

1808

Marshall Vs. Delaware Insurance Company

Court : US Supreme Court

..... parties? the right to abandon is founded on an actual or legal total loss. it appears to the court to consist with the nature of the contract, which is truly stated to be a contract of indemnity, that the real state of loss at the time the abandonment is made is the proper and safe criterion of the rights of the parties. might ..... to abandon to the underwriters? to this court it seems that the right to make such an election at such a time would be inconsistent with the spirit of the contract, and that the technical total loss was terminated by the decree of restitution unless something subsequent to that decree could be shown to prove the continuance of the danger or ..... such duration as to break up the voyage or ruin the assured by keeping his property out of his possession. such a case, therefore, upon the true principles of the contract, has been considered as justifying an abandonment and a recovery for a total loss. but when a final decree of restitution, from which it is admitted that no appeal lies ..... , it is for a time a total loss, and no person can say the loss will not finally be total. such a case, therefore, upon the true principles of the contract, has been considered as justifying an abandonment and a recovery of a total loss. but where a final decree of restitution from which no appeal lies has been awarded, the .....

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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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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 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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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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May 10 1886 (FN)

The City of Norwich

Court : US Supreme Court

..... them to the loss of their investment. now to construe the law in such a manner as to prevent the merchant from contracting with an insurance company for indemnity against the loss of his investment is contrary to the spirit of commercial jurisprudence. why should he not be allowed to purchase such ..... indisputable truth which ought thenceforth to govern all indemnities of insurance. thus it is, for example, that m. pardessus, speaking of this question in relation to maritime credits, comes back for its solution ..... . he says: "doctrine and jurisprudence, after some hesitation, pronounced themselves, as is well known, against the existence of a privilege or hypothecation on the indemnity due from the insurer, and in that way the general principle which emerigon had adopted as the basis of his theory penetrated men's minds as an ..... loss of his vessel, and that the parties who have suffered loss from the collision by the fault of his employees should get nothing for their indemnity. this mode of contrasting the condition of the parties is fallacious. if the ship owner is indemnified against loss, it is because he has seen ..... he has already by virtue of his ownership. if it were not for a rule of public policy against wagers, requiring insurance to be for indemnity merely, he could just as well take out insurance on another's property as on his own, and it is manifest that this would give him .....

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