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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1816 Page 1 of about 10 results (0.061 seconds)

1816

Hepburn and Dundas' Heirs Vs. Dunlop and Co.

Court : US Supreme Court

Decided on : Jan-01-1816

..... those defendants against these claims in case they should be made and enforced by auld, who is declared to be alone entitled to make them. this contract of indemnity, therefore, did not amount to a release, nor did it impair the rights of dunlop & co. under their agreement with hepburn and dundas. as ..... party or the like, a court of equity will interpose and afford a relief, which a court of common law cannot, by setting aside the contract, and having thus obtained jurisdiction of the principal question, that court will proceed to make such other decree as the justice and equity of the case ..... which seemed to close forever the doors of a court of equity against hepburn and dundas, opened them to dunlop & co. to get rid of the contract altogether, auld filed the bill which is now under consideration, stating, amongst other things, the previous and present inability of hepburn and dundas to make a ..... , 1807, auld made a tender of the difference between the sum awarded to dunlop & co. and the purchase money and interest due upon graham's contract and demanded a deed, but this demand was made in a manner and under circumstances which this court, upon a former occasion, deemed unreasonable. things remained ..... convey the same to the person who by such determination or compromise should be acknowledged to be entitled to it in the manner expressed in the contract with graham. it was also stipulated that if the purchase money for the said land, with interest thereon to 2 january, 1800, should be .....

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1816

Thompson Vs. Gray

Court : US Supreme Court

Decided on : Jan-01-1816

..... against those tickets before any security was given or offered, and whilst said tickets remained in the hands of defendant, awaiting the completion of said contract on the part of the plaintiff in respect of the stipulated security." which instruction the court gave, but also instructed the jury "that upon ..... to the plaintiff to vest the property of the said tickets in him upon his giving or tendering approved security according to the terms of the contract, in a reasonable time thereafter, and that the tender of the security, as before stated, was in reasonable time." "3d. that the selection ..... the prize ticket, but a selection and setting apart of such tickets as were to be delivered to the plaintiff, when he should comply with his contract in giving the stipulated security." which instruction the court gave, but also directed the jury "that such selection and setting apart, as aforesaid, was ..... as the thing purchased, is as completely identified and as absolutely sold as if it had been selected previous to the sale and specified in the contract. this was an action of trover instituted by the defendant in error, against jonah thompson, agent for the managers of the potomac & shenandoah ..... merely as collateral security, and that the vendee was entitled to recover the amount of the prize. the clause respecting security in the above contract formed not a condition precedent on which the sale was made to depend, but a condition subsequent the performance of which might be suspended until .....

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1816

MartIn Vs. Hunter's Lessee

Court : US Supreme Court

Decided on : Jan-01-1816

..... where the nature of the instrument is ascertained, are familiar to every one. to me, the constitution appears, in every line of it, to be a contract which, in legal language, may be denominated tripartite. the parties are the people, the states, and the united states. it is returning in a circle to ..... or silver coin a tender in payment of debts, or pass a law impairing the obligation of contracts. if congress shall not have passed a law providing for the removal of such a suit to the courts of the united states, must not ..... sets up in his defence a tender under a state law making paper money a good tender, or a state law impairing the obligation of such contract, which law, if binding, would defeat the suit. the constitution of the united states has declared that no state shall make any thing but gold ..... moment's consideration will show us the necessity and propriety of this provision in cases where the jurisdiction of the state courts is unquestionable. suppose a contract for the payment of money is made between citizens of the same state, and performance thereof is sought in the courts of that state; no ..... the admiralty jurisdiction embraces all questions of prize and salvage, in the correct adjudication of which foreign nations are deeply interested; it embraces also maritime torts, contracts, and offences, in which the principles of the law and comity of nations often form an essential inquiry. all these cases, then, enter into the national .....

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1816

Mutual Assurance Society Vs. Watt's Executors

Court : US Supreme Court

Decided on : Jan-01-1816

..... opinion that, as to legal encumbrancy or duration of a lien, it makes no difference whether its object is to secure an existing debt or a contingent indemnity. in the case of black v. kraig & mitchell, this court sustained a mortgage given to secure an endorser against notes which he might endorse where he ..... as it is a question between the vendor and vendee. if, then, the case presents no legal ground for discharging either insurer or insured from the contract, and the lien created by the 6th section be commensurate with the liability of the insured, it will follow that the plaintiffs in this case ought to ..... it, or who may be absent from the state, or from the united states, or insolvent, or protected at the time by some legal privilege. its contract is with the original subscriber; its rules point out the mode in which he is to extricate himself from this liability, and if he has not pursued ..... three ways by which a subscriber can cease to be a member: 1st. by the consumption of the buildings insured, which results from the nature of the contract. 2d. by complying with the stipulations of the 9th article of the rules and regulations of the society. page 14 u. s. 284 3d. by ..... of rights existing in the soil. in this respect, everything remains in the actual state, whether the interest was acquired by law under a grant or by individual contract. vide 10 u. s. 6 cranch 199, korn v. mutual assurance society. we consider the question, then, as reduced to this: does property pledged to .....

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1816

The Mary and Susan

Court : US Supreme Court

Decided on : Jan-01-1816

..... so long since, agreeably to your kind order." they speaks of the vessel and of the freight page 14 u. s. 41 as if the vessel were selected, and the contract made, by itself. "we thought you would prefer to have the goods at this rate, rather than wait for a reduction in the freight." they next refer to the letter .....

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1816

Russel Vs. Transylvania University

Court : US Supreme Court

Decided on : Jan-01-1816

..... the parties to their remedy at law. page 14 u.s. 432, 437 if a person, supposing himself possessed of a specific tract of land in a certain neighbourhood, should contract for the sale of that land to another, it does by no means follow that he would have sold him any other tract, in the same vicinity, to which, without .....

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1816

Morean Vs. United States Insurance Company

Court : US Supreme Court

Decided on : Jan-01-1816

..... , has been sent on by the insured and reaches the original port of its destination. being there specifically, the insurer has complied with his engagements; everything like a promise of indemnity against loss or damage to the cargo being excluded from the policy. if the question turn upon the totality of the loss, unconnected with the subject of loss by deterioration ..... laws and customs of the country to which it was sent, with which the insurer and insured are supposed to have been acquainted at the time they entered into this contract and to which they impliedly agreed to submit. the cargo which was landed not only continued in the possession and under the direction of the agents of the insured, but ..... reduced in quantity or value to any amount, the loss cannot be said to be total in reality, and the insured cannot treat it as a total and demand an indemnity for a partial loss. there is no instance where the insured can demand as for a total loss that he might not have declined an abandonment and demand a partial .....

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1816

Preston Vs. Browder

Court : US Supreme Court

Decided on : Jan-01-1816

..... the legislature, at a subsequent period, to destroy the right thus vested, or rescind said contract, without the consent of the said dunlap. that having the same land afterwards surveyed and granted, in the manner prescribed by the laws of north carolina, vested in the said ..... which the land lay; that the entry was evidence that the consideration money was paid as required by law; that paying the consideration money, and making the entry, created a contract between the state of north carolina and the said dunlap, which vested a right in him to the land in dispute, and that it was not in the power of .....

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1816

The Commercen

Court : US Supreme Court

Decided on : Jan-01-1816

..... case of a transport in his service? the property nominally belongs to individuals, and is freighted, apparently, on private account, but in reality for public use and under a public contract implied from the very permission of exportation. it is vain to contend that the direct effect of the voyage was not to aid the british hostilities against the united states .....

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1816

Taylor Vs. Walton

Court : US Supreme Court

Decided on : Jan-01-1816

..... junction between the two creeks, as the amount of prior legal claims might require; that a location could adapt itself to circumstances, could assimilate itself to an elastic substance, and contract or expand as might secure the quantity of land it sought to appropriate. in this he was mistaken. the boundaries of an entry must be fixed page 14 u.s .....

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