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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1806 Page 1 of about 9 results (0.056 seconds)

1806

Dutilh Vs. Gatliff

Court : US Supreme Court

Decided on : Jan-01-1806

..... 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

Decided on : Jan-01-1806

..... 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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1806

Sansom Vs. Ball

Court : US Supreme Court

Decided on : Jan-01-1806

..... freight, or as a charge upon goods, the interest insured was liable to a general average; and, if so, the underwriters on the present policy were bound to furnish an indemnity. ship, freight, and cargo, contribute to general average. park. 121. abbot 215. (am. edit.) 1 east, 220. if it is essential to a general average, that the loss should be ..... average; ab. 179. 2 bos. and pull. 321. 2 marsh. 644. 1 marsh. 93. if the purchase is considered as a purchase of part of the vessel, then no legitimate contract can be found on it, unless the vessel is registered anew. 2 vol. 147. s. 14. (laws of u. s. swift's edit.) 2d. on the second point, the defendant ..... , the plaintiff's interest in the use of the ship could only contribute in this way; and, contributing at all, is entitled page 4 u.s. 459, 461 to an indemnity. 2 march. 460. park. 124, 5, 6. (4 edit.) ab. 290, 1. 1st. the defendant's counsel contending that, the interest was not insurable, argued, that it was in the ..... . all new inventions, either in commerce or the arts, give rise to new modes of speech, which, when once introduced into contracts, are recognised by courts of justice, whose duty it is to carry into execution the intention of the contracting parties. now, what is there in this interest, which should exciude it from the benefit of insurance? there is nothing unlawful .....

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1806

Donath Vs. Insurance Co of North America

Court : US Supreme Court

Decided on : Jan-01-1806

..... voyage may be entire, though the ship is to go to a number of different places, and to take in different cargoes. but if, in the contract of insurance, there are certain contingencies introduced, which, at certain periods of the voyage, may operate so as to make the insurance void, it has been ..... a perfect reliance on the honour of don calderon; that although two persons may insure distinct interests in the same subject, it must be upon distinct contracts, and for distinct premiums; and that don calderon, in case of a legal loss, might have sued on the policy, though he had paid his ..... . 3 burr. 1237. 2 marsh. 564. 567. 569. 561 to 571. 1 bos. & pull. 172. for the defendants, it was insisted, 1st. that their contract was with don calderon, through the agency of the plaintiffs; that the plaintiffs never had an insurable interest, or, if they had, they have not insured it; for, the ..... 8th july 1799, the plaintiffs wrote two letters to peter blain, the plaintiff's agent named in the bill of lading, inclosing a copy of the contract with don calderon, and desiring him to secure payment before the goods were delivered; to which letters they received answers, dated respectively the 18th and ..... an agreement with don alvarez calderon, dated the 11th day of june 1799, of which the material passages were these: 'the said jos. donath & co. contract to furnish a suitable vessel for the passage of the said don andres alvarez calderon, his suite, and goods and effects, from this port of philadelphia to .....

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1806

Randolph Vs. Ware

Court : US Supreme Court

Decided on : Jan-01-1806

..... insure, when they deemed an insurance proper. the fair inference is that if evans engaged to have an insurance made in this instance by farrel & jones, it was a personal contract on his part which bound himself and no other and for the performance of which he was responsible in his private character. orders for insurance were invariably transmitted by the ..... gave them orders to effect insurances on tobacco whenever they thought it expedient or necessary. great stress is laid on the contract, which it is stated was entered into between the randolphs and thomas evans, the agent of farrel & jones. the contract is founded on the deposition of philip grymes. this deposition is certainly open to the strictures which have been made .....

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1806

Simonds Vs. Union Ins Co

Court : US Supreme Court

Decided on : Jan-01-1806

..... profits on the investment homeward) the present action was instituted. on the trial of the cause these grounds of defence were taken: 1st. that upon the specific terms of the contract, the assured had not a right to abandon. the consequence of being turned aside by a blockading force was contemplated by the parties, but not insured against; for, the voyage .....

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1806

Simms and Wise Vs. Slacum

Court : US Supreme Court

Decided on : Jan-01-1806

..... the bond is only a substitute for walls to the prison bounds. as to the surety, a discharge by a competent authority is conclusive. the warrant of discharge is an indemnity to the sheriff, whether obtained by fraud or not. the act of assembly does not expressly provide that it shall indemnify the surety as well as the sheriff, but he ..... own fraudulent act. if he should, then a judgment which is laid in fraud will, as in the present case, operate to the extinction of a legal preexisting obligation or contract. but a discharge, fraudulently obtained, is of no virtue -- of no operation -- and is in truth and in law no discharge; it has neither legal effect nor even legal existence .....

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1806

Mcferran Vs. Taylor and Massie

Court : US Supreme Court

Decided on : Jan-01-1806

..... has been delivered. i will briefly state those circumstances. in his bill the plaintiff does not allege that he was in any degree induced to make the contract by supposing the land already located to lie on hingston's fork. this representation, then, was an accidental circumstance which has not in the slightest degree ..... of the court that the plaintiff is entitled to an issue to ascertain the damages he has sustained by the inability of the defendant to perform his contract and to the damages which shall be found. although in the general principles laid down the court was unanimous, i did not, in consequence of the ..... it is contended by the defendant that it originated in mistake, not in fraud, and as the country was at that time unknown to both the contracting parties and the material object was to give the purchaser a right to take the land he had purchased out of the tract already located for the ..... and such a repurchase would have been proper evidence to justify the fact found by the jury, and would put him in a situation to perform his contract so far as respected this particular tract. but were it even otherwise: the 2d answer is that the concession made by the defendant must be taken altogether ..... sued out his writ of error. page 7 u. s. 280 mr. chief justice marshall delivered the opinion of the court. the bill states the original contracts, and claims a specific performance by permitting the plaintiff to elect the 500 acres to which he is entitled, out of the tract of 1,000 acres .....

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1806

United States Vs. Grundy and Thornburgh

Court : US Supreme Court

Decided on : Jan-01-1806

..... . that before that day and during the year preceding, the ship anthony mangin was built, rigged, and equipped within the united states for the house of brown & hackman under a contract made for them and under their authority, and was paid for with their funds, and that on that day brown applied to the collector for a register for that ship .....

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