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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1869 Page 1 of about 47 results (0.118 seconds)

1869

Paul Vs. Virginia

Court : US Supreme Court

Decided on : Jan-01-1869

..... insurance is not a transaction of commerce within the meaning of the latter of the two clauses, even though the parties be domiciled in different states, but is a simple contract of indemnity against loss. the case was thus: an act of the legislature of virginia, passed on the 3d of february, 1866, provided that no insurance company not incorporated under the ..... character of their business. issuing a policy of insurance is not a transaction of commerce. the policies are simple contracts of indemnity against loss by fire, entered into between the corporations and the assured, for a consideration paid by the latter. these contracts are not articles of commerce in any proper meaning of the word. they are not subjects of trade and barter ..... think proper to impose. they may exclude the foreign corporation entirely; they may restrict its business to particular localities, or they may exact such security for the performance of its contracts with their citizens as in their judgment will best promote the public interest. the whole matter rests in their discretion. if, on the other hand, the provision of the constitution ..... . earle, "it must dwell in the place of its creation, and cannot migrate to another sovereignty." the recognition of its existence even by other states, and the enforcement of its contracts made therein, depend purely upon the comity of those states -- a comity which is never extended where the existence of the corporation or the exercise of its powers are prejudicial .....

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1869

CopelIn Vs. Insurance Company

Court : US Supreme Court

Decided on : Jan-01-1869

..... account of the plaintiff, yet this was a privilege accorded to them only, that they might thus make indemnity for the loss. taking possession to make partial repairs, not amounting to indemnity, was not contemplated by the contract. it was not authorized. nor did the contract warrant taking possession of the boat, and holding her for an unreasonable time. the insurers were bound to ..... taking her to himself under the offer to abandon." the principle, said the court, rests upon the very nature of the law of insurance, which is a fair and honest indemnity for loss. the same doctrine was asserted in reynolds v. ocean insurance company, [ footnote 2 ] and it was also held that the underwriter's duty and liability in such a ..... indemnify him for the injury the boat had sustained; that it would have required an expenditure of $5,000 more to have made the additional repairs necessary to complete the indemnity; and that the plaintiff refused to receive the boat when she was tendered to him, but did not point out the deficiencies in the repairs. it was still further found .....

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1869

Texas Vs. Hardenberg

Court : US Supreme Court

Decided on : Jan-01-1869

..... in the new york tribune 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 thereto to the amount of ..... the 12th of january, 1865, between white & chiles and the military board of texas was null and void and that the indemnity bonds, received by the state from the united states and transferred under that contract to white & chiles remained the property of the state notwithstanding that transfer. the decree further found that the state of texas was entitled to recover any ..... accordingly paid 34 bonds . . . . . $34,000 170 coupons. . . . . . . . . . . . . . . . . 4,250 ------- total in gold . . . . . . . $38,250 "the $55,000 7-30 notes were deposited with and are held by me 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. " "i believe this states substantially the ..... of the transaction. the correspondence was thus: [tayler to cox] "washington, february 19, 1867" "dear sir: in accordance with the understanding between you and me in relation to the texan indemnity bonds presented for payment by your client, mr. hardenberg, you deposited with me $55,000, in 7-30 treasury notes, and i advised the secretary to pay you the bonds .....

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1869

Drehman Vs. Stifle

Court : US Supreme Court

Decided on : Jan-01-1869

..... constitution of missouri, as construed by the supreme court of the state, has deprived him of that remedy, and thus impairs the obligation of his contract. this view of the subject is supported by the counsel for the plaintiff in error with ingenuity, research, and ability, but they have failed ..... constitution of the united states declares that "no state shall pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts." when the constitution was adopted, bills of attainder and bills of pains and penalties were well known in the english law. each of those ..... constitution of the united states, which declares that "no state shall pass any bill of attainder, . . . or law impairing the obligation of contracts." the court instructed the jury that if the facts established by the evidence to their satisfaction brought the case within this provision of the constitution of ..... might have confessedly been lawfully brought about by the state legislature by a repeal of the particular statute, and without impairing the obligation of any contract. 3. semble that the case might be different if by giving effect to the provision, the party was precluded from asserting a title and ..... and made liable in damages. it is rather in the nature of the indemnity acts, also well known in the english law. [ footnote 2 ] ii. it is insisted that this section "is a law impairing the obligation of contracts, in violation of the constitution of the united states." this proposition is .....

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1869

Washington University Vs. Rouse

Court : US Supreme Court

Decided on : Jan-01-1869

..... no hindrance can be seen, in the principle adopted by the court, to rich corporations, as railroads and express companies, or rich men, making contracts with the legislatures, as they best may, and with such appliances as it is known they do use, for perpetual exemption from all the burdens of ..... to whom, in a limited measure, some part of the legislative function has been confided. in all such cases, where the validity of the contract is denied, the question of the power of the legislative body to make it necessarily arises, for such bodies are but the agents and representatives ..... every case affecting personal rights, where, by the course of judicial proceedings, the matter is properly presented, decide whether a state law impairs the obligation of contracts, and if it does, will declare such law ineffectual for that purpose. and it is also settled, beyond controversy, that the state page 75 u. ..... its property to support the educational establishments for which it was organized, it does not forfeit its right not to be taxed under the contract which the state made with it. we cannot see that the case of the university is distinguishable from that of the home of the ..... intention that both should, in this respect, be on an equality. the public purposes to be attained in each case constituted the consideration on which the contracts were based. the charter of the university, with its amendment (not material to notice, because not affecting this question), having been accepted, and the .....

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1869

Bates Vs. Equitable Insurance Company

Court : US Supreme Court

Decided on : Jan-01-1869

..... a species of security by a debtor to his creditor, who may be willing to trust to the debtor's honesty, his skill and success in trade, but who requires indemnity against such accidents as loss by fire, or the perils of navigation. the property of the debtor at risk, being thus insured for the benefit of the creditor, gives him ..... contents, to use the language of the judiciary act, are thus made payable to the endorsee, and the endorser necessarily parts with his interest in the subject matter of the contract. page 77 u. s. 38 these view are well supported by recently adjudged cases in this county. [ footnote 2 ] judgment affirmed. [ footnote 1 ] supra, p. 77 u. s. 34 -- rep ..... this indemnity. in the face of this frequent use of the two endorsements on the policy, it cannot be held that they imply of themselves a knowledge of the sale or a .....

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1869

Hepburn Vs. Griswold

Court : US Supreme Court

Decided on : Jan-01-1869

..... property shall not be taken for public use without compensation. this provision is kindred in spirit to that which forbids legislation impairing the obligation of contracts, but unlike that, it is addressed directly and solely to the national government. it does not, in terms, prohibit legislation which appropriates the private property of one class of ..... opposite tendency. in other words, we cannot doubt that a law not made in pursuance of an express power, which necessarily and in its direct operation impairs the obligation of contracts, is inconsistent with the spirit of the constitution. another provision, found in the fifth amendment, must be considered in this connection. we refer to that which ordains that private ..... is understood and declared that no law ought ever to be made or have force in the said territory that shall in any manner whatever interfere with or affect private contracts or engagements bona fide and without fraud previously formed." the same principle found more condensed expression in that most valuable provision of the constitution of the united states, ever ..... in the minds of the people who ordained it is, happily, not a matter of disputation. it is not left to inference or conjecture, especially in its relations to contracts. when the constitution was undergoing discussion in the convention, the congress of the confederation was engaged in the consideration of the ordinance for the government of the territory northwest of .....

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1869

Marble Company Vs. Ripley

Court : US Supreme Court

Decided on : Jan-01-1869

..... and barnes, in case the said barnes, his heirs, executors, administrators, and assigns, should refuse or fail on their part to fulfill the conditions and stipulations of the said contract." by the contract referred to, which was made on the same day, barnes agreed, "for himself, his heirs, executors, administrators, and assigns, to quarry marble from the marble quarry, ..... [ footnote 4 ] states the rule somewhat differently, and there are some cases that support his statement; but the rule as stated by mr. fry must be applicable to contracts that do not look to completed performance within a defined or reasonable time, but contemplate a continuous performance, extending through an indefinite number of years, or perpetually. there are ..... sufficiently supplied &c.;, and praying that barnes and ripley might be enjoined against further unlawful interference with, or occupation of the then, the complainants' said property: that the contract might be decreed rescinded and terminated, or, if not, that various questions respecting its construction might be settled by the decree of the court, and that the defendant, ripley ..... not furnish marble from them, to enter and keep possession and take the marble himself, till the grantees should be ready and willing to fulfill the conditions of the contract on their part, an injunction which, after unwarrantable and illegal entry for alleged condition broken, enjoined the grantor from hindering the grantees from retaking possession and occupying and .....

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1869

Railroad Company Vs. Trimble

Court : US Supreme Court

Decided on : Jan-01-1869

..... of trimble's deed to his co-plaintiffs. to this instruction the plaintiffs in error excepted. if the facts were as alleged by trimble, his contract with stone was stillborn. it never had any vitality. neither the legal representative of stone nor anyone in privity with him asserts its validity in ..... court, at the request of the plaintiffs, charged the jury in effect, that if they found the facts to be as testified by trimble, the contract between trimble and stone "was not to be regarded as passing any title to stone, which the defendant was entitled to set up in connection with ..... we have been considering, and neither of them contains anything in conflict with the proposition established by gayler v. wilder. it remains to consider the contract between trimble and daniel stone. page 77 u. s. 381 it recites the agreement between trimble and howe, and the payments thereby stipulated to be ..... other construction will satisfy them. upon the fullest consideration we have no doubt such was the meaning and intent of the parties. the effect of such a contract, we think, has been settled by this court in gayler v. wilder and others. [ footnote 2 ] fitzgerald, the inventor, before the patent was ..... acquired from howe, including the payments to howe, and that stone should thereupon decide whether he would buy or sell, and further that the contract might be dissolved at the expiration of six months after notice from either party. the defendants then gave in evidence a transcript of the record .....

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1869

Willard Vs. Tayloe

Court : US Supreme Court

Decided on : Jan-01-1869

..... in this particular is distinctly contradicted by that of the complainant, and is inconsistent with the attendant circumstances; and third, the evidence is inadmissible. when parties have reduced their contracts to writing, conversations controlling or changing their stipulations are, in the absence of fraud, no more received in a court of equity than in a court of law. upon ..... taken upon themselves the risk of subsequent fluctuations in the value of the property, and such fluctuations are not allowed to prevent its specific enforcement. [ footnote 12 ] here the contract, as already stated, was, when made, a fair one, and in all its attendant circumstances free from objection. the rent reserved largely exceeded the rent then paid, and the ..... to the judgment of the court. we proceed to consider whether any other circumstances have arriven since the covenant in the lease was made which render the enforcement of the contract of sale subsequently completed between the parties inequitable. such circumstances are asserted to have arisen in two particulars -- first in the greatly increased value of the property, and second ..... discretion has always been exercised in administering this branch of equity jurisprudence." it is true the cases cited, in which the discretion of the court is asserted, arose upon contracts in which there existed some inequality or unfairness in the terms by reason of which injustice would have followed a specific performance. but the same discretion is exercised where .....

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