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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1808 Page 1 of about 5 results (0.071 seconds)

1808

Marshall Vs. Delaware Insurance Company

Court : US Supreme Court

Decided on : Jan-01-1808

..... 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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1808

Grant Vs. Naylor

Court : US Supreme Court

Decided on : Jan-01-1808

..... that opinion. on examining the cases which have been cited at the bar, it does not appear to the court that they authorize the explanation of the contract which is attempted in this case. this is not a case of ambiguity. it is not an ambiguity patent, for the face of the letter can excite ..... be doubted, but the principles which require that a promise to pay the debt of another shall be in writing, and which will not permit a written contract to be explained by parol testimony, originate in a general and a wise policy, which this court cannot relax so far as to except from its operation ..... an action by john and jeremiah for goods furnished by them to the bearer upon the faith of the letter of credit. it is not a written contract between the plaintiffs and the defendants, and parol proof cannot be admitted to make it such. it is not a case of ambiguity or of fraud or ..... parol proof to make it such a contract is going further than courts have ever gone where the writing is itself the contract, not evidence of a contract, and where no preexisting obligation bound the party to enter into it. it being the opinion of a majority ..... the address, but knowing that the letter was not directed to them, they trust the bearer, who came to make contracts on his own account. in such a case, the letter itself is not a written contract between daniel grant, the writer, and john & jeremiah naylor, the persons to whom it was delivered. to admit .....

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1808

United States Vs. Gurney

Court : US Supreme Court

Decided on : Jan-01-1808

..... satisfied, that in waiving those damages the obligee has, without any agreement on the subject, relinquished that right to interest which is attached to all contracts for the payment of money, which is only displaced by the agreement to receive a larger sum in damages, and which a mere tacit implied ..... either to explain or to give validity to that stipulation. to a majority of the court it is satisfactory evidence that the parties intended this contract, if not as a complete substitute for bills of exchange, to operate between themselves as if bills had been drawn. the law of pennsylvania ..... sum cannot be demanded in philadelphia. this reasoning, to which the majority of the court would strongly incline from the nature and circumstances of the contract, derives much additional force from the reference to bills of exchange. the repayment of the value of the guilders "at the rate of exchange current ..... as a compensation for the disappointments produced by the nonpayment of the money at that place in such time as to answer the purposes of the contract. whether payment at the same place on a subsequent day would answer these purposes was for the united states to determine. they might accept ..... delay of payment that may take place after the demand." the defendants were merchants residing and carrying on trade in philadelphia, in which place the contract was made, and by the law of the state, bills of exchange returned unpaid under protest are liable to 20 percent damages. it is sufficiently .....

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1808

Chappedelaine Vs. Dechenaux

Court : US Supreme Court

Decided on : Jan-01-1808

..... into consideration a claim of the complainants of ?1,000, which the estate of chappedelaine was condemned to pay to boisfeillet by decree of the court, nor their claim for indemnity for damages said to have been sustained by sale of lands, conceiving those claims not submitted to them, but reserved for the decision of the court. exceptions being taken to ..... the particular point. the balance due to chappedelaine on 30 april, 1792, is so much of the loan made by him to dumoussay in france which remains unpaid. by the contract between the parties, that loan was to carry an interest of six percent per annum until paid. the court therefore cannot consider it as a claim on an unsettled account ..... or as carrying interest at the rate established in georgia. it is still governed by the law of the contract, and must carry interest at the rate of six percent per annum. to the report, so far it respects the accounts subsequent to 30 april, 1792, a general exception is .....

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1808

Alexander Vs. Baltimore Insurance Company

Court : US Supreme Court

Decided on : Jan-01-1808

..... case which would justify the establishment of the principle that the loss of the cargo constitutes a technical loss of the vessel, and must therefore construe this contract according to its obvious import. it is an insurance on the ship for the voyage, not an insurance on the ship and the voyage. it is ..... cases have settled this question otherwise. the case has frequently occurred, and a direct decision might be expected on it if a construction so foreign from the contract had really been made. it often happens that the cargo of a neutral vessel is condemned as enemy property, and the vessel itself is discharged. not ..... of her captain. page 8 u. s. 376 but it is apparent that the captain had terminated the voyage on which the vessel was insured. had his contract with de noailles been complied with at mole st. nicholas or at cape francois, he would not have proceeded to the bite of leogane. had it not ..... not be less true if, instead of proceeding to cape francois, the henry and john had returned from mole st. nicholas to the port of charleston. the contract, then, instead of being an insurance on the ability of the ship to perform her voyage, an insurance against the loss of the ship upon the voyage, ..... would be a contract to purchase the vessel at the sum mentioned in the policy, if circumstances not produced by any fault or disability in the vessel, should induce the .....

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