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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1837 Page 1 of about 8 results (0.158 seconds)

1837

Charles River Bridge Vs. Warren Bridge

Court : US Supreme Court

Decided on : Jan-01-1837

..... established principles. it has been decided by the supreme court of new york that, unless the act making the appropriation of private property for public use contain a provision of indemnity, it is void. where property is taken under great emergencies by an officer of the government, he could hardly be considered, i should suppose, a trespasser though he does ..... exclusive right to build a bridge between charlestown and boston, and thereby taking from itself the right to grant another bridge between charlestown and boston at its pleasure, although the contract does not exclude the legislature from taking it for public use, upon making actual compensation, because it trenches upon the sovereign right of eminent domain. it is unnecessary to ..... provisions, the property of the complainants has been appropriated to public purposes, it may be important to inquire whether it can be considered as impairing the obligation of the contract within the meaning of the federal constitution. that a state may appropriate private property to public use is universally admitted. this power is incident to sovereignty, and there are ..... place, it is contended that this court cannot take jurisdiction of this case under that provision of the federal constitution which prohibits any state from impairing the obligation of contracts, as the charter of the complainants has not been impaired. it may be necessary to ascertain definitely the meaning of this provision of the constitution and the judicial decisions .....

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1837

Jackson Vs. Ashton

Court : US Supreme Court

Decided on : Jan-01-1837

..... did the defendant visit the house of goodwin with the premeditated design of making this charge in order to extort from mrs. goodwin a promise to indemnity him? that he did is most earnestly contended by the counsel for the complainants, and he is charged with the greatest impropriety in making the charge ..... vicious inclinations than all the institutions of society. and yet we are called upon to denounce this whole class and hold them incapable of making a contract with those who are under their pastoral charge and who, like mrs. goodwin, are distinguished for their piety. why not give them the same ..... the fourth ground taken by the complainants, which is that from the relation which existed between the defendant and mrs. goodwin, she could make no valid contract with him. he was her pastor and agent. after her embarrassments commenced, at the request of her trustee, the defendant did undertake the settlement of ..... mrs. goodwin in this matter. she acted voluntarily, and so far as appears in the evidence free from any influence that goes to impeach the contract. in taking the defeasance from the office of the scrivener, the defendant seems to have had no improper design. he borrowed it from the clerk ..... after her husband's death and about the time the deed was executed, were examined by the defendant to prove that she was of capacity to contract generally. some of these witnesses had business with her, and speak of her acuteness and uncommon smartness. others say that she was a woman of .....

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1837

Livingston Vs. Story

Court : US Supreme Court

Decided on : Jan-01-1837

..... of form, practice, or mode of proceeding whether he was sued in the one or the other court; it may be that his whole indemnity from mrs. fort depended on it; to the plaintiff it mattered not, so that he obtained the benefit of the law of antichresis, which ..... aforesaid. know all men by these presents, that i, edward livingston, for myself and my representatives, do hereby transfer and assign the within contract to john a. fort and benjamin story they complying with the stipulations on my part therein contained, and john rust being here present, consents ..... witnesses, residing in this city, who, together with me, the said notary, have signed this act, after the same had been fully read and understood. the contracting parties having previously signed. [ footnote 2 ] counter-letter. whereas the said edward livingston, by act before h. lavergne, notary public, hath this day sold ..... transaction, throughout, under the laws of louisiana; whatever may have been the designs of the parties upon each other or their individual intentions when the contract was made on 25 july 1822. the law of louisiana controls the controversy between these parties, and the first -- indeed, only -- question to ..... they had made themselves his agent to disburse $8,000 for a particular object, to which they had become parties by the transfer of the contract, required from them, in livingston's absence, to have stopped further payments to rust, notwithstanding livingston's responsibility for the proper employment of the .....

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1837

Briscoe Vs. Bank of Commonwealth of Kentucky

Court : US Supreme Court

Decided on : Jan-01-1837

..... faithful performance of engagements; to guard against a power which had been extensively abused, and to restrain the legislature in future from violating the rights of property. it protected contracts respecting property, under which some person could claim a right to something beneficial to himself; and since the clause must, in construction, receive some limitation, it ought to ..... prohibitions to prevent their recurrence, which would have been certain if it had not been made. this court has declared the intention of the constitution of the subject of contracts. "it was intended to correct the mischiefs of state laws which had weakened the confidence between man and man, and embarrassed all transactions between individuals by dispensing with ..... prohibition is, in its nature and object, absolute and illimitable. but the second class of prohibited cases, emitting bills of credit, tender laws, and those impairing the obligation of contracts, are widely different; the evils had existed, did exist, and must recur if not prevented. congress could not legislate on these subjects, much less control the states, on ..... indeed a universal rule, applied to all laws, supreme or subordinate, to all instruments of writing, all grants or reservations of power, property, franchise or immunity, and all contracts that the words and language used shall be interpreted by such reference, accordingly as the subject matter is made certain by their legal or commonly received definition or acceptation. there .....

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1837

Allen Vs. Hammond

Court : US Supreme Court

Decided on : Jan-01-1837

..... . 114 it is laid down that where there is an error in the thing for which an individual bargains, by the general rules of contracting, the contract is null, as in such a case the parties are supposed not to give their assent. and the same doctrine is laid down in ..... that it is difficult to make supposed where the principle on which courts of equity give relief is more strongly presented than in this case. the contract was entered into through the mistake of both parties; it imposes great hardship and injustice on the appellee, and it is without consideration. these grounds, ..... by the agent was uncertain. he took upon himself this contingency, and had not the claim been allowed by the portuguese government until after the contract, he would have been entitled to his commissions, however small his agency might have been in producing the result. this, it may be supposed, ..... and ought on that account to be set aside, even if said claim had not been liquidated by the portuguese government at the time said contract was made and executed. the answer gave the history of the acquaintance between the complainant and defendant; showed the measures to enforce this claim, which ..... both said instruments were executed without due consideration and when the complainant was ignorant of the situation of his claim on the portuguese government. that the contract of january 27, 1832, "was entered into and executed without any adequate consideration or services to be by the said crawford allen paid or .....

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1837

New York Vs. Miln

Court : US Supreme Court

Decided on : Jan-01-1837

..... give bond, with two sufficient sureties, in a sum not exceeding $300 for each passenger, not being a citizen of the united states, to indemnity and save harmless the mayor, &c.;, and overseers of the poor, from all expense and charge page 36 u. s. 154 which may be ..... necessity. its grants, exceptions, and reservations are of entire powers, unless there are some expressed qualifications or limitations; if either are extended or contracted by mere implication, there are no limits which can be assigned, and there can be no certainty in any provision in the constitution or its ..... of them, particularly in the treaty with brazil, it is expressly provided that the citizens and subjects of each of the contracting parties shall enjoy all the rights, privileges, and exemptions in navigation and commerce which native citizens or subjects do or shall enjoy, submitting themselves ..... with any of the treaties referred to. these treaties were entered into for the purpose of establishing a reciprocity of commercial intercourse between the contracting parties, but give no privileges or exemptions to the citizens or subjects of the one country over those of the other. but in some ..... citizen of a country to which treaty stipulation applies; but moreover, those which we have examined stipulate that the citizens and subjects of the contracting parties shall submit themselves to the laws, decrees, and usages to which native citizens and subjects are subjected. we are therefore of opinion, .....

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1837

Evans Vs. Gee

Court : US Supreme Court

Decided on : Jan-01-1837

..... , and the liability of the drawer only attaches when the drawee refuses to accept, or having accepted, fails to pay. a refusal to accept is then a breach of the contract, upon the happening of which a right of action instantly accrues to the payee to recover from the drawer the value expressed in the bill, that being the consideration which ..... , and the liability of the drawer only attaches when the drawee refuses to accept or, having accepted, fails to pay. a refusal to accept is then a breach of the contract, upon the happening of which a right of action instantly accrues to the payee, to recover from the drawee the value expressed in the bill, that being the consideration the .....

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1837

Steamboat Orleans Vs. Phoebus

Court : US Supreme Court

Decided on : Jan-01-1837

..... for services not maritime and for disbursements not maritime. under such circumstances, the admiralty has no jurisdiction, page 36 u. s. 184 for its jurisdiction is limited, in matters of contract, to those and those only which are maritime. this was expressly decided by this court in the case of the steamboat jefferson, 10 wheat. 429, which substantially on this point ..... is whether the vessel is engaged substantially in maritime navigation or in interior navigation and trade, not on tidewaters. the jurisdiction of courts of admiralty is limited in matters of contract to those and those only which are maritime. the case of the steamboat jefferson, 10 wheat. 429, 6 cond. 175, cited and approved. by the maritime law, the master has ..... does not authorize any such conclusion. it that case, the repairs of the vessel for which the state laws created a lien, were made at new orleans, on tidewaters. the contract was treated as a maritime contract; and the lien under the state laws was enforced in the admiralty, upon the ground, that the court, under such circumstances, had jurisdiction of the ..... contract, as maritime; and then the lien, being attached to it, might be enforced, according to the mode of administering remedies in the admiralty. the local laws can never confer jurisdiction .....

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