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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1847 Page 1 of about 11 results (0.059 seconds)

1847

Waring Vs. Clarke

Court : US Supreme Court

Decided on : Jan-01-1847

..... a common law court, and in that way release himself and his property from all the responsibilities which a court of admiralty can impose upon both, as a security and indemnity for injuries of which a libellant may complain -- securities which a court of common law cannot give. having disposed of the objections to the jurisdiction of the courts of ..... and always has controlled, the right to try both torts and crimes (with the exceptions before named, and not influencing this question) during all the fluctuations and struggles about contracts during the last four hundred years. in the resolutions said to have been prepared by the judges in 1632, with a view to arrange differences concerning jurisdiction, no change or ..... parliament; in others by rights reserved in their charters, and in other colonies by their own legislation? -- that whether from either source, they exercised a jurisdiction over all maritime contracts and over torts and injuries, as well in ports as upon the high seas? -- that acts of parliament recognized their jurisdiction as original maritime jurisdiction, in all seizures for contravention ..... the second article of his original libel." "third. that at the time of said collision, the said steamer luda was earning freight, being employed by libellant in fulfilling certain verbal contracts of affreightment entered into by and between him and the port hudson, & clinton & west feliciana railroad companies and various planters in the month of october, 1843, to transport all .....

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1847

Cook Vs. Moffat

Court : US Supreme Court

Decided on : Jan-01-1847

..... states. bankrupt laws, as understood at the time of adopting the constitution, and at all other periods of time, have been interpreted to mean laws which discharge or annihilate the contract itself, with all its obligations, and if the constitution had stopped short at providing for a discretionary power in congress to enact such laws, and should have omitted any restraint ..... uniform laws on the subject of bankruptcy; nor with the tenth section of the same article, which prohibits to the states the power of enacting laws impairing the obligation of contracts. on the contrary, it recognizes in the federal government, and in the governments of the states, the correct and complete distribution of powers assigned to them respectively by the constitution ..... established principles of jurisprudence, such laws have always been held valid and binding within the territorial limits of the state by which they are passed, although they may act upon contracts made in another country, or upon the citizens of another nation; and they have never been considered, on that account, as an infringement upon the rights of other nations ..... , therefore, his discharge under her laws was a good defense the action." the circuit court gave judgment for the plaintiffs, and the defendant prosecuted this writ of error. that the contract declared on in this case was to be performed in maryland, and governed by her laws, is a position which cannot be successfully maintained, and was therefore very properly abandoned .....

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1847

Miller Vs. Herbert

Court : US Supreme Court

Decided on : Jan-01-1847

..... recorded in due time, instead of going into chancery to compel a conveyance, or enforce a specific performance. they are intended to give an accumulative remedy to persons able to contract, and who by deed acquire rights which equity will protect, with the power to prosecute those rights. but by the laws of this state, a negro, so long as he ..... is a slave, can have page 46 u. s. 80 no rights adverse to those of his master; he can neither sue nor be sued, nor can be make any contract or acquire any rights under a deed which a court of law or equity can enforce. and as it is the recording of a deed of manumission within the time .....

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1847

Creath's Administrator Vs. Sims

Court : US Supreme Court

Decided on : Jan-01-1847

..... examples of agreements -- arrangements between creditor and debtor -- situations from which something like hardship might possibly spring. in the present case there is neither contract, arrangement, nor even a scintilla of right on which either law or equity can lay hold. the complainant, after permitting a judgment on the note ..... he had never assumed; but in the case before us was there any such change wrought by a mere voluntary forbearance, creating no obligation anywhere -- contracting with nothing, nor with any person? a few of the numerous cases, both at law and in equity, which are applicable to this question will ..... perceived why such a defense should not have been made or attempted. the action at law was founded upon a simple promissory note, a parol contract in legal intendment, and not upon a specialty; the consideration was fully open to investigation, and it was surely a sufficient indulgence to the ..... to be sound and healthy. 3dly. that although the slaves for which the notes were given were delivered in the state of tennessee, yet the contract for them was in fact made at vicksburg, in mississippi, and was designed to be, and was in reality, a fraud upon the constitution and ..... consequences of laches or neglect, or the want of reasonable diligence. therefore, where a complainant prays to be relieved from the fulfillment of a contract, which was intentionally made in fraud of the law, the answer is that however unworthy may have been the conduct of his opponent, the parties .....

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1847

Nelson Vs. Hill

Court : US Supreme Court

Decided on : Jan-01-1847

..... . first, the firm of nelson, carleton & co.; secondly, the firm of parish, marshall & co. to each of these firms the co-partnership of whitsett, gray & co. became indebted. the debt contracted to the former house was evidenced by the note of whitsett, gray & co. the debts (for there were several in the second instance) due to parish, marshall & co. were evidenced .....

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1847

United States Vs. Bank of the United States

Court : US Supreme Court

Decided on : Jan-01-1847

..... exchange was an appropriate means. to this assumption it may be answered that france was not bound by the act of congress, but by the treaty; it stipulated "that the indemnity of twenty-five millions of francs should be paid, in six annual installments, into the hands of such person or persons as should be authorized to receive it." we repeat ..... , esq., paris ( prout same)." "and the counsel for the said plaintiffs requested the learned judge to charge the jury:" " 1. that the evidence in the cause does not show a contract between the government and the bank for the sale of a bill of exchange, but an undertaking on the part of the defendants, as the agents of the plaintiff, to .....

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1847

License Cases

Court : US Supreme Court

Decided on : Jan-01-1847

..... upon their original basis of sovereignty, subject only to the exceptions stated, exercise their powers over everything connected with their social and internal condition. a state regulates its domestic commerce, contracts, the transmission of estates, real and personal, and acts upon all internal matters which relate to its moral and political welfare. over these subjects the federal government has no power ..... government would a prohibition of sales within a state conflict with if it consisted merely in regulations of the police or internal commerce of the state itself? there is no contract, express or implied, in any act of congress that the owners of property, whether importers or purchasers from them, shall sell their articles in such quantities or at such times .....

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1847

Commercial bank Vs. Buckingham's Executors

Court : US Supreme Court

Decided on : Jan-01-1847

..... it is no part of the functions of this court to review their decisions, or assume jurisdiction over them on the pretense that their judgments have impaired the obligation of contracts. the power delegated to us is for the restraint of unconstitutional legislation by the states, and not for the correction of alleged errors committed by their judiciary. we are of ..... in the section. it is not enough that the record shows that "the plaintiff in error contended and claimed" that the judgment of the court impaired the obligation of a contract, and violated the provisions of the constitution of the united states, and "that this claim was overruled by the court"; but it must appear, by clear and necessary intendment, that ..... in the section. it is not enough that the record shows that the plaintiff in error contended and claimed that the judgment of the court impaired the obligation of a contract and violated the provisions of the constitution of the united states and that this claim was overruled by the court, but it must appear by clear and necessary intendment that .....

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1847

Hall Vs. Smith

Court : US Supreme Court

Decided on : Jan-01-1847

..... act to amend the judicial system of the united states." 2 stat. 159. from the evidence, we think that all the persons in this transaction became privies in the same contract to secure the payment of a debt due by the defendant to thornton. the payment of it, therefore, by anyone of them, other than the debtor, was a payment at ..... 46 u.s. (5 how.) 96 on certificate of division from the circuit court of the united states for the district of maryland syllabus where there are privies in a contract with the knowledge of a debtor to secure to his creditor the payment of a debt, the payment of it by anyone of them other than the debtor, is a .....

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1847

Smyth Vs. Strader

Court : US Supreme Court

Decided on : Jan-01-1847

..... purposes disapproved of by the firm, or in fraud of the firm." story on partnership 193. this rule as well applies to the endorsement of negotiable instruments as to other contracts. but the fraud of stevenson and the knowledge of that fraud by stinson & campbell do not necessarily defeat the plaintiff's action. and the charge of the court on this ..... disconnected with the partnership, is not controverted. these facts, or a part of them, of which stinson & campbell must have had knowledge, would have defeated a recovery by them. every "contract in the name of the firm, in order to bind the partnership, must not only be within the scope of the business of the partnership, but it must be made ..... payable at bank under the law merchant, as regards the days of "grace, protest, and notice." but as the following section defines the rights of the assignee of "all other contracts in writing for the payment of money," &c.;, it may perhaps be fairly inferred that the legislature intended the negotiability and character of the instruments above named should be regulated ..... inland, and on promissory notes payable in bank, shall be governed by the law merchant, as to days of grace, protest, and notice," and by the succeeding section, all other contracts for the payment of money &c.;, are made "assignable as heretofore, and the assignee may maintain such suit thereon as the obligee or payee could have done, whether it be .....

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