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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1832 Page 1 of about 17 results (0.054 seconds)

1832

Boyle Vs. Zacharie

Court : US Supreme Court

Decided on : Jan-01-1832

..... the business of the principal, which was wholly beyond the scope of the authority delegated to the agents. in this view of the matter, the contract of indemnity would clearly refer for its execution to louisiana, as much so as if boyle had authorized zacharie & turner to advance money there on his account, ..... indemnify them for any loss they might sustain on his account. he afterwards gave the defendants a security for their liability on 1 may, 1819. the contract of indemnity was as follows: "i will see messrs zacharie & turner paid whatever sum they have to pay vincent, nolte & company on account of a ..... it as full a sanction as if it had been done under an original authority. the ratification of this contract by boyle was complete and perfect, and he treated it as a louisiana contract of indemnity, for his benefit, by which he was bound, and which he ought to discharge in that state. ..... 101, 16 u. s. 146 ; see also coolidge v. poor, 15 mass. 427; consequa v. fanning, 3 johns.ch. 587. but if the contract had been unauthorized and beyond the agency, still the subsequent ratification of the transaction by boyle would have the same operation according to the well known maxim that subsequent ..... for which he would repay them. such a contract would be understood by all parties to be a contract made in the place where the advance was to .....

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1832

Worcester Vs. Georgia

Court : US Supreme Court

Decided on : Jan-01-1832

..... terms on which peace was offered by the whites, but the soil thus taken was taken by the laws of conquest, and always as an indemnity for the expenses of the war, commenced by the indians. at no time has the sovereignty of the country been recognized as existing in the ..... her sister states, and by the government of the united states. various acts of her legislature have been cited in the argument, including the contract of cession made in the year 1802, all tending to prove her acquiescence in the universal conviction that the indian nations possessed a full right ..... oblivion, never more to be had in remembrance." "2. that a perpetual peace and friendship shall, from henceforth, take place and subsist between the contracting parties aforesaid, through all succeeding generations, and if either of the parties are engaged in a just and necessary war with any other nation or nations. ..... unconstitutional, void, and of no effect; that the said laws of georgia are also unconstitutional and void because they impair the obligation of the various contracts formed by and between the aforesaid cherokee nation and the said united states of america, as above recited; also that the said laws of georgia ..... her sister states, and by the government of the united states. various acts of her legislature have been cited in the argument, including the contract of cession made in the year 1802, all tending to prove her acquiescence in the universal conviction that the indian nations possessed a full right .....

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1832

United States Vs. Arredondo

Court : US Supreme Court

Decided on : Jan-01-1832

..... by the rules of evidence and principles of law. applying, then, these tests to the eighth article and to ascertain its legal meaning when the contracting parties understand it differently, we consider it as in its effect and legal operation, an exception and reservation of the lands so granted from the territory ..... as is declared at its head, "original," the one version neither controls nor is to be preferred to the other; each expresses the meaning of the contracting parties, respectively, in their own language, as in the opinion of each, expressing and declaring the intention of both. if they are mistaken, and the ..... of the parties engages to perform a particular act, the treaty addresses itself to the political, not the judicial, department, and the legislature must execute the contract before it can become a rule for the court." 27 u. s. 2 pet. 314. but the court is in this case authorized to consider ..... 27 u. s. 307 . as to the other question depending on the stipulations of the eighth article, the court declared: "and the legislature must execute the contract before it can become a rule for the court." 2 pet. 27 u. s. 314 . but this case assumes a very different aspect, the only ..... been extracted. by the stipulations of a treaty are to be understood its language and apparent intention manifested in the instrument with a reference to the contracting parties, the subject matter, and persons on whom it is to operate. the laws under which we now adjudicate on the rights embraced in the .....

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1832

Hughes Vs. Clarksville

Court : US Supreme Court

Decided on : Jan-01-1832

..... justly entitled. in that case the court did not examine and decide on the legal title of the trustees, because legal effect was given to the contract so far as to defeat the action. the relation of landlord and tenant, therefore, was preserved between the parties, and bound both. that relation ..... and therefore could not contest it. the court said, "if he claims under a sale from dunlap, the plaintiffs themselves assert a title against this contract. unless they show that it was conditional, and that the condition is broken, they cannot, in the very act of disregarding it themselves, insist that ..... obligation on the defendant in the ejectment, which is to restrain him from making a defense which would protect his equitable rights under it. the contract binds him, but leaves them at perfect liberty. the moral policy of the law cannot permit this. it is forbidden by the clearest principles ..... it leaves the seller free to disregard his express stipulations. the resolutions entered into by the board of trustees on 18 march, 1803, constitute a contract which was intended by all parties to invest william clark with a permanent estate. the trustees resolve "that the rights, privileges and advantages of the ..... the said commissioners shall appoint a principal surveyor, who shall have power to appoint his deputies, to be approved by the said commissioners, and to contract with him for his fees. that from and after the 1 april, 1784, the said commissioners, or a major part of them, shall proceed .....

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1832

Spring Vs. Executors of Gray

Court : US Supreme Court

Decided on : Jan-01-1832

..... the exception, and was abandoned by the plaintiffs, who declared that their whole cause of action arose from the contract. the claim, to bring the case within the exception, rests entirely on the sale of the inward cargo. this single transaction has not equal (certainly ..... we have found no conflicting decision in any of the states. the account from the books of the plaintiffs contains one item not founded on the contract for the freight of the barque morning star, the loss on the sloop francis, insured by said gray. but this item itself is not within ..... reporter informs us, for the reasons assigned by jones, his argument must be taken as the opinion of the court. it decides that only accounts, not contracts, between merchants, even although they may concern the trade of merchandise, are within the exception, and that the accounts must be current. in cotes v. harris ..... was selling his own, and the relation between them was not that of merchant and factor, but of charterer and charteree of a vessel by special contract. if we were to decide this case on the words of the statute, we should not think that the plaintiffs had brought themselves within the exception. ..... had any other cause of action than such as arose from the bill of lading of the outward cargo of the barque morning star, and the contract endorsed thereon, answered that they had not. and thereupon the defendants' counsel moved the court to instruct the jury that inasmuch as the plaintiffs had .....

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1832

Grant Vs. Raymond

Court : US Supreme Court

Decided on : Jan-01-1832

..... acts which are fraudulent or may prove mischievous. the public yields nothing which it has not agreed to yield; it receives all which it has contracted to receive. the full benefit of the discovery, after its enjoyment by the discoverer for fourteen years, is preserved, and for his exclusive enjoyment of it during that time the ..... . the laws which are passed to give effect to this purpose ought, we think, to be construed in the spirit in which they have been made and to execute the contract fairly on the part of the united states where the full benefit has been actually received if this can be done without transcending the intention of the statute or countenancing ..... those exertions. the laws which are passed to give effect to this purpose ought to be construed in the spirit in which they have been made and to execute the contract fairly on the part of the united states, where the full benefit has been received if this can be done without transcending the intentions of the statutes or countenancing acts .....

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1832

Cincinnati Vs. Lessee of White

Court : US Supreme Court

Decided on : Jan-01-1832

..... had passed from the united states to symmes. but the proprietors had purchased of symmes all his equitable right to their part of the tract which he had under his contract with the government. this objection is more specious than solid, and does not draw after it the conclusions alleged at the bar. there is no particular form or ceremony necessary ..... question upon which the opinion of the court rests, it will be sufficient to state generally that on 15 october in the year 1788, john cleves symmes entered into a contract with the then board of treasury, under the direction of congress, for the purchase of a large tract of land, then a wilderness, including that where the city of cincinnati ..... now stands. some negotiations relative to the payments for the land delayed the consummation of the contract for several years. but on 30 september, 1794, a patent was issued conveying to symmes and his associates the land contracted for, and as symmes was the only person named in the patent, the fee was of course vested in him .....

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1832

United States Vs. Percheman

Court : US Supreme Court

Decided on : Jan-01-1832

..... are used in this sense, we think the construction proper, if not unavoidable. in the case of foster v. neilson, 2 pet. 253, this court considered these words as importing contract. the spanish part of the treaty was not then brought to our view, and we then supposed that there was no variance between them. we did not suppose that there ..... the language of the treaty by a construction which conforms the english and spanish to each other. although the words "shall be ratified and confirmed" are properly the words of contract stipulating for some future legislative act, they are not necessarily so. they may import that they "shall be ratified and confirmed" by force of the instrument itself. when we observe ..... , they are used in this sense, the construction is proper, if not unavoidable. in the case of foster v. elam, 2 pet. 253, this court considered those words importing a contract. the spanish part of the treaty was not then brought into view, and it was then supposed there was no variance between them. it was not supposed that there was ..... to the language of the treaty by a construction which conforms the english and spanish to each other. although the words "shall be ratified and confirmed" are properly words of contract, stipulating for some future legislation, they are not necessarily so. they may import that "they shall be ratified and confirmed" by force of the instrument itself. when it is observed .....

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1832

Bank of the United States Vs. Hatch

Court : US Supreme Court

Decided on : Jan-01-1832

..... the rights of the holder, and the drawer could or might have the same equities against him, as against the holder himself. if, therefore, such a contract be entered into without his assent, it is to his prejudice, and discharges him." the same reasoning applies with full force to the present case. if ..... agreement must be one binding in law upon the parties, and have a sufficient consideration to support it. . . . if the holder enters into a valid contract for delay, he thereby suspends his own remedy on the bill for the stipulated period, and if the endorser were to pay the bill, he could only be ..... the bill, yet if the holder afterwards enters into any new agreement with the drawer for delay, in any manner changing the nature of the original contract or affecting the rights of the endorser or to the prejudice of the latter, it will discharge him. but in order to produce such a result, ..... for the stipulated period and rely solely on that suit for a recovery? we are of opinion that the intention of the parties apparent on the contract was to suspend the right to recover the debt until the next term of the court. it is scarcely possible that pearson should have been willing ..... house, either servant or fellow boarder. the other question is one of more nicety, and not less important. it appears from the special verdict that the contract with pearson for the continuance of the suit on this very bill, without judgment, until the next term of the circuit court was for a valuable consideration, .....

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1832

Greenleaf's Lessee Vs. Birth

Court : US Supreme Court

Decided on : Jan-01-1832

..... controversy is within the exception, because it is peculiarly within the privity and knowledge of the plaintiff's lessor what lots were conveyed and sold and contracted to be conveyed, and the defendant has no means of knowledge. that in many cases the burden of proof is on the party within whose peculiar ..... to avail themselves of the general and loose expressions of the exception to avoid the titles of parties claiming title under greenleaf by prior deeds or contracts of lots within the reservation. even if the exception were void at law, a court of equity would relieve them against the claims of morris ..... the generality of the exception might open a door to frauds and impositions upon third persons by enabling the parties to bring forward spurious or concealed contracts at a future time. but to this objection it is a sufficient answer that the present is not a case of a bona fide purchaser or ..... of washington, supposed to be about two hundred and thirty nine and one quarter page 31 u. s. 310 in number, for which the said james greenleaf contracted with uriah forrest and benjamin stoddert by an agreement in writing, bearing date, &c.; [15 july, 1794]." the lot sued for was one of these ..... indenture, 10 july, 1796." among the lots described in the conveyance were lots supposed to be 239, described as those which j.g., the grantor, contracted for with uriah forrest and benjamin stoddert by an agreement dated 15 july, 1794. the lot sued for was one of those included in a conveyance made .....

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