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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1831 Page 1 of about 16 results (0.058 seconds)

1831

Patapsco Insurance Company Vs. Southgate

Court : US Supreme Court

Decided on : Jan-01-1831

..... of both parties, and is bound in good faith to act for the benefit of all concerned, and the underwriter must answer for the consequences, because it is within his contract of indemnity. this was the doctrine in the case of mills v. fletcher, 1 doug. 231; and which has been repeatedly sanctioned by the later decisions both in england and in ..... both parties, and is bound in good faith to act for the benefit of all concerned, and the underwriter must answer for the consequences, because it is within his contract of indemnity. there must be a necessity for a sale of the vessel and good faith in the master in making it, and the necessity is not to be inferred from the .....

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1831

Winship Vs. Bank of the United States

Court : US Supreme Court

Decided on : Jan-01-1831

..... . and the law is the same whether one or all the partners do the act; there is an antecedent debt binding on all, or an indemnity to be provided; the obligation is not impaired by giving or transferring an ineffectual security. but the present case is wholly different. the defendants owed ..... to me the best established principles of commercial law; nor can i consent to overrule a decision of the supreme court of the state where this contract was made, executed and enforced without the highest possible evidence of their having been mistaken in their judicial exposition of their common law. this cause ..... distinction between dormant and open partnerships, and that it does not depend on the knowledge which the public may have, or the representation made by the contracting partner, when he is giving or negotiating a note. the reason which makes a note drawn or endorsed by one partner, in the joint name, ..... an encumbrance, or the defect of title so far as respects their standing in courts of justice in relation to third persons not parties to the contract. those who purchase in good faith, without notice of fraud, and pay their money, confiding in the face of the transaction, ignorant of anything ..... the nature, terms, and circumstances under which it was made. mr. harris the discount clerk, was the appropriate agent of the bank in consummating the contract of discount, by paying to winship the proceeds of the discounted notes; and i cannot err in saying from the record, that these were the only .....

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1831

Edmondston Vs. Drake and Mitchel

Court : US Supreme Court

Decided on : Jan-01-1831

..... that drake & mitchel could not change the mode of payment without the consent of the robsons. then it is a part of the contract -- of that contract for which alone mr. edmondston became responsible. it has been said that the engagement respecting the place of payment was contingent, dependent on ..... were not capable of binding mr. edmondston. to this his own consent was indispensable. any new stipulation introduced into it was so far a new contract, which could only affect themselves. mr. edmondston was a stranger to it unless his letter to castillo & black of 16 april, 1825, in connection ..... alleged that this part of it was of no importance or that it did not concern mr. edmondston. it is an essential article in all contracts, and was of peculiar interest to mr. edmondston in this. the parties thought the particular mode of reimbursement of sufficient importance to stipulate for ..... . edmondston, gave him precise information of the extent of his liability. his letter of 25 may was written with a view to the particular contract, which had been thus communicated. in estimating the influence of this notice on the cause, it has been supposed of some consequence to establish its ..... defendant, and that the arrangement afterwards made between the plaintiffs and robson for payment in london, instead of new york, was an alteration of the contract, and the defendant, not having consented thereto, was not bound for the performance of the agreement thus altered, but was discharged from his liability .....

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1831

United States Vs. Robertson

Court : US Supreme Court

Decided on : Jan-01-1831

..... of said company shall be answerable in his personal, or individual property, for any contract or engagement of said bank, or for any losses, deficiencies of failures thereof, of the capital stock thereof, but all the capital stock, together page 30 ..... is presumed and bound to know the nature, extent, and the legitimate objects of their authority, according to the terms of the charter, and necessarily contract subject to them. the twelfth section of the law of maryland, ch. 32. december 1813, chartering the bank of somerset, enacts that "no member ..... the counsel for the defendant, this court is of opinion that the obligors undertook for the faithful performance by the president and directors, of the contract recited in the condition of the bond, on which the suit is instituted, and not for their own conduct as individuals, and that they ..... the whole transaction was embarrassed, were practicable. but be this as it may, we perceive no other course which was prescribed by duty and by contract, with respect to their debts generally, than to sue in the state courts. with respect to those debts which were attached by the united states ..... pais, we may look out of the bond for proof of it. the directors agree to bind themselves individually for the performance of the contract recited in the condition. this was required by the treasury department in terms implying that all the directors should so bind themselves. the act .....

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1831

Cathcart Vs. Robinson

Court : US Supreme Court

Decided on : Jan-01-1831

..... direct mr. cathcart to pay that which he says was to be, according to his understanding, a substitute for the principal subject of the contract. in addition to these considerations, the application to this court to subject the spanish fund to the claim is unquestionably proper. mr. cathcart also ..... necessary papers, and receiving the deeds, as was manifested in his conversations with mr. jones; his entire silence on the subject of relinquishing the contract and paying the penalty until june, 1823, when his scheme of an academy had failed and when he communicated this intention to mr. mason the ..... the whole agreement by receiving the land and paying the purchase money; as he insists upon this as being the true spirit of the contract, according to his understanding of it, which understanding was countenanced by the conduct of the vendor at the time, every principle of equity and ..... all the witnesses stands unimpeached, and the conduct of mr. robinson has no tendency to discredit them. mr. cathcart's refusal to execute the contract was founded in part on the alleged misrepresentations of mr. robinson, but chiefly on the right, reserved expressly when he signed the agreement, of ..... itself sufficient to prevent a decree for a specific performance. but though it will not, standing alone, prevent a court of chancery's enforcing a contract, it is an ingredient which, associated with others, will contribute to prevent the interference of a court of equity. the difference between that degree .....

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1831

Lessee of Clarke Vs. Courtney

Court : US Supreme Court

Decided on : Jan-01-1831

..... mere abandonment of the title, or, in the language of the act, a relinquishment or disclaimer. the letter of attorney manifestly contemplated the ordinary contracts of bargain and sale between private persons for a valuable consideration and conveyance by deed without covenants of warranty. the very reference to covenants shows ..... from the patentee and his assigns," &c.; the language here used is precisely that which would be used in cases of intended sales or contracts of sale of the land for a valuable consideration to third persons in the ordinary course of business. in the strict sense of the term ..... power of attorney produced, even if duly executed, does not justify the relinquishment. it purports to authorize carey l. clarke "to sell, dispose of, contract, and bargain for all or so much of said tract of land, &c.;, and to such person, or persons, and at such time or times ..... relinquishment, and griswold, expressing dissatisfaction with the claim and the contract, returned. afterwards, carey l. clarke came to kentucky, avowing himself the agent of clarke by the letter of attorney, a copy of which is ..... stated, that in the year 1794 or thereabouts, _____ griswold came to his residence in scott county, claiming the land in pickett's patent, by contract with clarke; that the deponent and robert parker, the surveyor of fayette, made out a connected plot showing the interfering claims set forth in this .....

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1831

Sheppard Vs. Taylor

Court : US Supreme Court

Decided on : Jan-01-1831

..... from which it appeared that the vessel had cleared out for china, declared the confiscation unjust, and gave the complainants permission to detain by way of indemnity, any property which might be in that country belonging to the spanish government. don luis de onis, the spanish minister in the united states, received ..... it is further ordered, adjudged, and decreed that the libellants are entitled to full wages according to the terms of their original shipping articles or contract from the time of their shipping until their return and arrival in the united states after the seizure of the said ship warren and cargo, ..... not upon the fact whether there were an illegal service or not, but upon the fact whether there had been an unjustifiable deviation from the voyage contracted for, and there is no legal distinction, as has been already stated, between proceeding against the ship and against the proceeds restored in value. ..... in an illicit trade. now the voyage in respect to them might be wholly tortious and illicit because it was not within the scope of their contract, and they may have been thereby subjected to all the consequences of an page 30 u. s. 713 illicit trade, although, as between the ..... with the seamen is denied. the bank of the united states answered and denied the jurisdiction of the court, and also all knowledge of the alleged contract between the original parties to the cause. the answer states that the firm of smith & buchanan executed a deed of trust to ellicott & meredith on .....

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1831

Shankland Vs. Corporation of Washington

Court : US Supreme Court

Decided on : Jan-01-1831

..... upon the whole, it is the opinion of the court that the plaintiff in this case is not entitled to recover, his page 30 u. s. 397 contract not being with the corporation or its agent, but solely with gillespie. this view of the case renders it unnecessary to consider the other question made at ..... or quarters, or any other sub-divisions. the corporation had no authority to obstruct or limit him in the full exercise of this right, and any contract which he should make with third persons for the sale of sub-interests in a single ticket, the corporation had as little to do with as they would ..... the corporation. if they had contemplated any issue of sub-tickets, why were the latter not also signed by the president and delivered to gillespie? the contract between the managers and gillespie does not contain any provision respecting the issue of sub-tickets, nor does it appear that gillespie ever requested the managers to ..... , it is said that gillespie was the agent of the corporation in signing and issuing these sub-tickets, and that they are therefore evidence of a contract by the corporation with the holder of the sub-ticket that the corporation will pay the proportion of the prizes drawn by it. let us see how ..... and all the moneys arising therefrom were received by him or his agents. this was on his part a proper proceeding, for by the very terms of the contract, he was entitled to all the tickets signed and delivered to him, and when he sold these tickets, he sold them as owner, on his own .....

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1831

Tiernan Vs. Jackson

Court : US Supreme Court

Decided on : Jan-01-1831

..... , had received the goods in question upon condition of paying to the plaintiff out of the first proceeds a certain sum due to him according to a written contract with page 30 u. s. 599 the agent, of which he had notice, and to which in a letter addressed to the plaintiff he admitted his obligation ..... brought an action not for the proceeds (for the goods were not sold), but for the goods, and they recovered upon the footing of the original special contract. that case also differs from the present in one important fact, and that is that the suit was brought by the assignees of the bankrupt owners, and not ..... upon it for any demand due to him, which was inconsistent with that purpose. lord kenyon there said the parties may, if they please, introduce into their contract an article to prevent the application of a page 30 u. s. 598 general rule of law to it. in the note given by the factors in that ..... or an obligation to accept may be fairly implied from the custom of trade, or the course of business between the parties, as a part of their contract. the court was there speaking in a case where the suit was not brought by the assignee, but in the name of the original assignor for his use ..... and they cannot maintain an action against the consignees in their own name for the same. the receipt of the consignment by the consignees did not create a contract, express or implied, on the part of the consignees with the assignees to hold the proceeds for their use so as to authorize them to sue for the .....

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1831

Lessee of Scott Vs. Ratliffe

Court : US Supreme Court

Decided on : Jan-01-1831

..... unless the jury should find that susan madison was a feme covert when her father, the patentee, died or was so at the time the defendants acquired their titles by contract or deed from the patentee, john grayham. the plaintiffs excepted to this instruction. their counsel admits the constitutionality of the act of limitations referred to in the opinion of the ..... under a patent from the state of virginia, was a feme covert when her father, the patentee, died, or was so at the time the defendants acquired their titles by contract or deed from john grayham, the page 30 u. s. 82 patentee under the governor of kentucky. the words "at the time the defendants acquired their title by ..... contract or deed from the patentee, john grayham" can apply to those defendants only who did so acquire their title. the court cannot say this instruction was erroneous. on 2 april, ..... a feme covert when her father, the patentee, died, or was so at the time the defendants acquired their titles by contract or deed from the patentee, john grayham." the words "at the time the defendants acquired their titles by contract or deed from the patentee, john grayham," can apply to those defendants only who did so acquire their title. the language .....

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