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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1868 Page 1 of about 34 results (0.061 seconds)

Jan 16 1868 (FN)

Orient Ins. Co. Vs. Daggs

Court : US Supreme Court

Decided on : Jan-16-1868

..... law." the statement is broad, and counsel in making it ignores many things. the statute tends to assure, not to detract from, the indemnity of the contracts, and, if elements of chance or speculation intrude, it will be on account of carelessness or fraud. it is admitted that the effect of ..... conclusive presumption of fact. page 172 u. s. 565 the right claimed is to make contracts of insurance. the essence of these, it is said, is indemnity, and that the statute converts them into wager policies -- into contracts (to quote counsel) having for their bases speculation and profit, "contrary to the course ..... , conclusive presumption and proof to establish and force a result against property or liberty. the statute is not subject to the condemnation that it regulates contracts made or rights acquired prior to its enactment, and we may repeat the language of mr. justice field in railway co. v. mackey that ..... contrary to the constitution of the united states, and are null and void." "that the defendant has the constitutional right to limit its liability by contract to actual damages caused by fire." to this answer, the plaintiff and assured filed a demurrer, which demurrer the court sustained, and, the defendant ..... the change is from one kind of indemnity policy to another kind -- from open policies to valued policies -- both of which are sanctioned by the practice and law of insurance, and this change is the only compulsion of the law. it makes no contract for the parties. in this it permits .....

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1868

Texas Vs. White

Court : US Supreme Court

Decided on : Jan-01-1868

..... a " caution to the public, " in which he recited that the rebel government of texas had, under a pretended contract, transferred to white & chiles "one hundred and thirty-five united states texan indemnity bonds, issued january 1, 1851, payable in fourteen years, of the denomination of $1,000 each, and coupons attached ..... tayler government notes known as "seven-thirties," equivalent in value to the bonds and coupons held by hardenberg, to be held by mr. tayler "as indemnity for mr. mcculloch, against any personal damage, loss, and expense in which he may be involved by reason of the payment of the bonds." the ..... is that, before this negotiation, i had read a paragraph in some new york newspaper stating that the payment of the whole issue of the texas indemnity bonds was suspended until the history of a certain portion of the issue, supposed to have been negotiated for the benefit of the rebel service, should ..... mr. c. t. lewis, a lawyer of new york: "in conversation with mr. hardenberg, i had learned that he was interested in the texas indemnity bonds, and meditated purchasing same. i was informed in wall street that such bonds were offered for sale by kimball & co., at a certain price, which ..... 74 u. s. 703 an injunction against their asking or receiving payment from the united states of certain bonds of the federal government, known as texan indemnity bonds; and that the bonds might be delivered up to the complainant, and for other and further relief. the case was this: in 1851, the .....

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1868

Gibbons Vs. United States

Court : US Supreme Court

Decided on : Jan-01-1868

..... pay its debts or will not do justice is not to be indulged. still less can it be made the foundation for a claim of indemnity against loss incurred by an individual by acting on such a suggestion. but it is not to be disguised that this case is an attempt ..... court in which the united states may be sued presents a novel feature in our jurisprudence, though the act limits such suits to claims founded on contracts, express or implied, with certain unimportant exceptions. but in the exercise of this unaccustomed page 75 u. s. 275 jurisdiction, the courts are ..... was paid for oats purchased after the expiration of the contract exceeding the price fixed by it." "therefore the plaintiff should recover the sum withheld at the time of settlement; also the demurrage." judgment being entered ..... to the unauthorized menaces of the quartermaster, he must take the consequences. hence, he cannot recover the difference in price between that named in the contract, and that ruling in market after its expiration." "nor can the government withhold from the sum justly due to the plaintiff, any difference which ..... it, because they had not convenient storehouses for it. page 75 u. s. 270 subsequently to this refusal, the quartermaster having charge of the contract on the part of the united states sent an "orderly" to gibbons, requesting his immediate presence with the messenger at the quartermaster's office. this .....

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1868

Bronson Vs. Rodes

Court : US Supreme Court

Decided on : Jan-01-1868

..... that the decree directing satisfaction of the mortgage was erroneous. some difficulty has been felt in regard to the judgments proper to be entered upon contracts for the payment of coin. the difficulty arises from the supposition that damages can be assessed only in one description of money. but the act ..... the provisions of other acts, and with each other; and that upon such reasonable construction it must be held to sustain the proposition that express contracts to pay coined dollars can only be satisfied by the payment of coined dollars. they are not "debts" which may be satisfied by the tender ..... will support such a tender will defeat a very important intent of the act. another illustration, not less instructive, may be found in the contracts of the government with depositors of bullion at the mint to pay them the ascertained value of their deposits in coin. these are demands against ..... it may be ascertained by count. we cannot suppose that it was intended by the provisions of the currency acts to enforce satisfaction of either contract by the tender of depreciated currency of any description equivalent only in nominal amount to the real value of the bullion or of the coined ..... does the law compel the acceptance of such a tender for such a debt? it is the appropriate function of courts of justice to enforce contracts according to the lawful intent and understanding of the parties. we must therefore inquire what was the intent and understanding of frederick bronson and christian .....

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1868

Butler Vs. Horwitz

Court : US Supreme Court

Decided on : Jan-01-1868

..... the passage of the acts making united states notes a legal tender, is strengthened by the consideration that those acts not only do not prohibit, but, by strong implications, sanction contracts made since their passage for payment of coin, and consequently, taken in connection with the provision of the act of 1792, concerning money of account, require that damages upon such ..... , in contracts for payment or delivery of coin or bullion, to provide against fluctuations in the medium of payment, warrants the inference that it was the understanding page 74 u. s. ..... the constitutionality of those acts. proceeding upon this assumption, we find two descriptions of lawful money in use under acts of congress, in either of which damages for nonperformance of contracts, whether made before or since the passage of the currency acts, may be properly assessed, in the absence of any different understanding or agreement between parties. but the obvious intent ..... two descriptions of lawful money in use under acts of congress, in either of which (assuming these acts, in respect to legal tender, to be constitutional) damages for nonperformance of contracts, whether made before or since the passage of these acts, may be assessed in the absence of any different understanding or agreement between the parties. 4. when the intent of .....

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1868

Thorington Vs. Smith

Court : US Supreme Court

Decided on : Jan-01-1868

..... latter case the inhabitants must be regarded as under the authority of the insurgent belligerent power actually established as the government of the country, and contracts made with them must be interpreted and enforced with reference to the condition of things created by the acts of the governing power. it is ..... that foreign dollars were meant, to prove their equivalent value in lawful money of the united states. such evidence does not modify or alter the contract. it simply explains an ambiguity which, under the general rules of evidence, may be removed by parol evidence. we have already seen that the ..... are without blame except when proved to have been entered into with actual intent to further invasion or insurrection. we cannot doubt that such contracts should be enforced in the courts of the united states after the restoration of peace to the extent of their just obligation. the first question ..... confederate notes were issued early in the war, and these notes in a short time became almost exclusively the currency of the insurgent states. as contracts in themselves, except in the contingency of successful revolution, these notes were nullities, for except in that event there could be no payer. they ..... business, and not for the purpose of giving currency to the notes or otherwise aiding the rebellion. 2. evidence may be received that a contract payable in those states during the rebellion in "dollars" was in fact made for the payment in confederate dollars. 3. the party entitled to .....

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1868

The Belfast

Court : US Supreme Court

Decided on : Jan-01-1868

..... laws, the plaintiff may attach any property, not exempted from execution, belonging to the defendants. liability of the owners of the vessel under the contract being the foundation of the suit, nothing can finally be held under the attachment except the interest of the owners in the vessel, because the ..... attempts were made at an early day to induce the court to hold that seizures on water were not cases of admiralty cognizance, and that contracts of affreightment were exclusively cognizable in the courts of common law, but this court refused to adopt either proposition, and held that the entire ..... admiralty unless committed on waters within the admiralty and maritime jurisdiction as defined by law. [ footnote 7 ] such jurisdiction, whether of torts or of contracts, was and still is restricted in the parent country to tidewaters, as they have no large fresh water lakes or fresh water rivers which are navigable ..... port to another in the same state, it becomes necessary to determine, irrespective of the questions presented in the other cases, whether such a contract is cognizable in the admiralty courts of the united states, because if not, the libellants in any view of the case must prevail, as there ..... the respondents is that the respective libels were libels in rem to enforce a maritime lien in favor of the shippers of the cotton under contracts of affreightment for the transportation of goods and merchandise from one port page 74 u. s. 635 to another upon navigable waters, and that .....

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1868

United States Vs. Lane

Court : US Supreme Court

Decided on : Jan-01-1868

..... , to justify risley in dealing in the manner he did, with lane. it follows, therefore, that the voyage itself was illegal, as were the contracts and arrangements by which it was undertaken, and that the vessel and cargo were properly seized for being engaged in illegal trading with the enemy. although risley ..... has this policy since then been changed? it certainly has if this proceeding was authorized, for if risley in his capacity of treasury agent could lawfully contract with lane, a citizen of a state not in rebellion, to purchase from him cotton in the country of the public enemy, which he did ..... retain possession of the cargo until he should have received from lane on board the vessel, three times its value in cotton. at the time this contract purports to have been made, this country, was engaged in war with a formidable enemy, and by a universally recognized principle of public law, commercial ..... conducted according to the prescribed regulations of the trade in which the claimant and his vessel were engaged. that such acts constituted a breach of the contracts between the claimant and the united states, and entitled him to such damages as he sustained thereby. page 75 u. s. 194 mr. justice davis ..... officer made in pursuance thereof." the facts of the case, as found by the court of claims, were essentially these: the claimant, lane, entered into contracts with the treasury page 75 u. s. 190 agent at norfolk, virginia, for the delivery to the agent of a large quantity of cotton, which .....

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1868

Lane County Vs. Oregon

Court : US Supreme Court

Decided on : Jan-01-1868

..... for debts has no reference to taxes imposed by state authority, but relates only to debts in the ordinary sense of the word, arising out of simple contracts or contracts by specialty, which include judgments and recognizances. [ footnote 10 ] whether the word "debts," as used in the act, includes obligations expressly made payable or ..... this question, we are clear that it only intended by the terms debts, public and private, such obligations for the payment of money as are founded upon contract." in whatever light, therefore, we consider this question, whether in the light of the conflict between the legislation of congress and the taxing power of the ..... most obvious, and, as it seems to us, the most rational answer to this question is that congress must have had in contemplation debts originating in contract or demands carried into judgment, and only debts of this character. this is the commonest and most natural use of the word. some strain is felt ..... impost levied by authority of government upon its citizens or subjects for the support of the state. it is not founded on contract or agreement. it operates in invitum. a debt is a sum of money due by certain and express agreement. it originates in and is founded upon ..... contracts express or implied." these decisions were all made before the acts of 1862 were passed, and they may have had some influence upon the .....

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1868

Kellogg Vs. United States

Court : US Supreme Court

Decided on : Jan-01-1868

..... of congress, approved march 3, 1857, by which the secretary of the treasury was authorized to settle with all the parties, respectively, in the contract, the claimant was not included, because he was no party to it either originally or by substitution. the award made by the secretary of ..... any more. on the 3d of march, congress passed a joint resolution, containing a proposition to " all parties respectively interested on account of their contract for manufacturing bricks for the page 74 u. s. 363 washington aqueduct," that if they would cancel it, the united states would settle with ..... that season a portion of the bricks. to this notice degges & smith made no response, but abandoned their undertaking and failed to comply with their contract. degges & smith having thus made default, mechlin & alexander, in order to save themselves from prosecution on their bond, entered into an arrangement ..... .;, incurred by them. held that k. was not a party to, nor interested in the contract. by an act of march 3, 1853, congress authorized the commencement of an aqueduct to supply washington with water. captain meigs was appointed to superintend ..... to furnish the bricks and to receive payment. the government, desiring to abandon their enterprise, proposed to all parties respectively interested on account of their contract &c.;, that if they would cancel it, the united states would settle with them "on the principles of justice and equity" all damages &c .....

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