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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1813 Page 1 of about 6 results (0.054 seconds)

1813

Clark's Executors Vs. Carrington

Court : US Supreme Court

Decided on : Jan-01-1813

..... in a suit against him on his contract of indemnity. whether it was admissible against john innes clarke depends on the degree of his liability for the money for which that judgment was rendered. if ..... purposes, because greene & barker were in truth co-partners with carrington, and because, if they were not, it is a case of warranty and indemnity, and in such case a judgment against the person to be indemnified, if fairly obtained, especially if obtained on notice to the warrantor, is admissible ..... sent to hamburg on freight, wishes them to render carrington the necessary aid he may require, and adds "we shall consider ourselves responsible for all contracts mr. carrington may make in the business of this ship, and anticipate the pleasure of your being well satisfied with his strict fulfillment of them ..... notice to the warrantor, is admissible evidence in a suit against him on his contract of indemnity. a person who, upon receiving an assignment of a share of property as security for a debt, agrees to comply with the contract of the assignor with a joint owner of the property, is bound to fulfill ..... that contract although it exceed in amount the value of the share of the .....

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1813

Fairfax's Devisee Vs. Hunter's Lessee

Court : US Supreme Court

Decided on : Jan-01-1813

..... yet it is not too much to pronounce it reasonable in the abstract. this reason is as applicable to the case of a devise as of a contract, and in the technical application of the term purchaser a devisee is included. but it is contended that the grant to lord fairfax was a grant or ..... of the words "now holding," made use of in the article which relates to this subject. but in conformity with the liberal spirit in which national contracts ought to be construed, i am satisfied to consider that treaty as extending to all cases of a rightful possession or legal title defeasible only on the ..... any ways or means sell or alien all and singular the granted premises, and every part and parcel thereof, to any person or persons being willing to contract for and buy the same," which words were to be considered as restrictive or explanatory of the preceding words of the charter, and as confining the rights ..... any ways or means, sell or alien all and singular, the granted premises, and every part and parcel thereof, to any person or persons being willing to contract for or buy the same." there is also a condition to avoid the grant, as to so much of the granted premises as should not be possessed, inhabited ..... and void would be attended with this absurdity, that the estate would still remain in the alienor in opposition to his own will and contract. it would therefore seem that the law on this subject would be more satisfactorily expressed by asserting that an alien is a competent party to a .....

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1813

Ferguson Vs. Harwood

Court : US Supreme Court

Decided on : Jan-01-1813

..... the property in the bond of conveyance mentioned in the declaration was not recovered in the suit then depending for the recovery thereof, whereas the contract produced in evidence contained no limitation to a recovery in that particular suit. we are satisfied, however, that the plaintiff has declared according to ..... are other cases to the like effect. we are therefore satisfied that the variance is immaterial because it does not change the nature of the contract, which must receive the same legal construction whether the words be in or out of the declaration. a second variance is supposed in the ..... in letters and words. it will be sufficient to state the substance and legal effect. whatever, however, is alleged should be truly alleged. a contract substantially different in description or effect would not support the averment of the declaration. in the case at bar it is very clear that the word ..... the third exception has presented the chief difficulty which we have felt in deciding the cause. it is addressed to the variances between the declaration and the contract produced in evidence. the inducement of the declaration alleges "that the said walter as one of the administrators of william e. berry, deceased, on, & ..... extracted from the docket of the court, it is not admissible in evidence. a variance is immaterial which does not change the nature of the contract. if a bond of conveyance (then in suit) be assigned, and the assignor agree to refund to the assignee the value thereof if the .....

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1813

Livingston and Gilchrist Vs. Maryland Insurance Company

Court : US Supreme Court

Decided on : Jan-01-1813

..... in so careless a manner as to leave his letter open to misconstruction and, in the opinion of some of the judges, to expose his contract to hazard in consequence of it. but that part of the court which entertains this opinion is also of opinion that the letter ought not to ..... representation, and if it be untrue, its materiality to the risk must determine its influence on the policy. a false representation, though no breach of the contract, if material, avoids the policy on the ground of fraud, or because the insurer has been misled by it. upon reading the letter on which this ..... privilege. if loss on sale of return cargo, b. to sustain half." livingston soon afterwards chartered the ship herkimer for the voyage, and entered into a contract with the other plaintiff gilchrist, one james baxter, and edward griswold, for jointly carrying on with them page 11 u. s. 509 the said voyage. the ..... having then broke out between great britain and spain, b. livingston, who had been bound as carroll's surety for the performance of the contract, entered into a new contract with baruso for the transportation of the same goods. the preamble recites the license and says "the said baruso has agreed with the said b ..... that the risk thus increased should be the risk of rightful capture according to the law of nations. a false representation, though no breach of the contract, if material, avoids the policy on the ground of fraud or because the insurer has been misled by it. if a vessel take on board papers .....

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1813

Palmer Vs. Allen

Court : US Supreme Court

Decided on : Jan-01-1813

..... debt (for there could then be no arrest for nonpayment of any other), in which sense it will include as well damages recovered for tort as for money due on contract." "as no mention is made in the existing statute of mesne process by attachment in any case, and the word 'debt' cannot apply to the variety of demands which may .....

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1813

Oliver Vs. Maryland Insurance Company

Court : US Supreme Court

Decided on : Jan-01-1813

..... for the plaintiff excepted. upon this exception there was some difference of opinion in this court. for myself, i considered the direction as attaching the departure, which would avoid the contract, to the act of sailing to and continuing in salou for the purpose of completing her return voyage, and am of opinion that although the comet might have remained at .....

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