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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1871 Page 1 of about 36 results (0.057 seconds)

1871

Hall and Long Vs. Railroad Companies

Court : US Supreme Court

Decided on : Jan-01-1871

..... be dealt with as if he were not so. he does not stand, therefore, on the same footing with that of an insurer, who may have entered into his contract of indemnity, page 80 u. s. 373 relying upon the carrier's vigilance and responsibility. in all cases, when liable at all, it is because he is proved or presumed to be ..... often loosely so called. the extent of his responsibility may be equal to that of an insurer, and even greater, but its nature is not the same. his contract is not one for indemnity, independent of the care and custody of the goods. he is not entitled to a cession of the remains of the property, or to have the loss adjusted ..... ownership of the goods and the risk incident thereto, the owner and the insurer are considered but one person, having together the beneficial right to the indemnity due from the carrier for a breach of his contract or for nonperformance of his legal duty. standing thus, as the insurer does, practically in the position of a surety stipulating that the goods shall ..... has indemnified the owner for the loss, he is entitled to all the means of indemnity which the satisfied owner held against the party primarily liable. his right rests upon familiar principles of equity. it is the doctrine of subrogation, dependent not at all upon privity of contract, but worked out through the right of the creditor or owner. hence it has .....

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1871

insurance Company Vs. Bailey

Court : US Supreme Court

Decided on : Jan-01-1871

..... respects by different rules of construction from those applied by the courts in case of policies against marine risks or policies against loss by fire. marine and fire policies are contracts of indemnity, by which the claim of the insured is commensurate with the damages he sustained by the loss of, or injury to, the property page 80 u. s. 619 insured ..... and that the party effecting the policy had an insurable interest, such as is described, in the life of the person insured at the inception of the contract, as the contract is not merely for an indemnity, as in marine and fire policies. two policies for insurance upon the life of albert bailey, the husband of the appellee, were issued by the appellants ..... must necessarily have some pecuniary interest in the life of the cestui qui vie are founded in an erroneous view of the nature of the contract, that the contract of life insurance is not necessarily one merely of indemnity for a pecuniary loss, as in marine and fire policies, that it is sufficient to show that the policy is not invalid as a ..... . such being the nature of the contract, it is clear that an absolute sale of the property insured, prior to the alleged disaster, is a good defense to an action on the policy, as the insured cannot justly claim indemnity for the loss of, or injury to, property in which he had no insurable .....

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1871

Cross Vs. United States

Court : US Supreme Court

Decided on : Jan-01-1871

..... had undertaken to assign the lease to cross, and no question was made as to his ownership until the secretary of the treasury attempted to rescind the contract. then it was discovered that the assignment lacked legal formality, and the government availed itself of this defense, and this only, in the court of ..... may be set up and established by or on behalf of the heirs or representatives of the said daniel saffarans, deceased, under or by virtue of said contract or lease. " cross accordingly, after the passage of the resolution, by a supplemental petition, asked the court of claims to rehear the cause and ..... treasury of that day, availing himself of an apparent legal informality in the assignment of the lease, against the written protest of cross, rescinded the contract. on the 15th of november, 1856, cross petitioned the court of claims for relief, but failed to obtain it on the ground that the assignment of ..... warehouse in san francisco. alexander cross advanced the money to complete the building, and was compelled for his own protection to purchase the property and the contract of lease. the lease was assigned to him and the warehouse occupied by the government for a term of three years, when the secretary of the ..... no money should be paid him from the treasury until after he had given indemnity against any demand which might be set up by the heirs of a. (the original lessor) "under or by virtue of the said lease or contract." held that b. could sue in the court of claims for all the .....

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1871

Stockwell Vs. United States

Court : US Supreme Court

Decided on : Jan-01-1871

..... the government in the unembarrassed enjoyment of its rights to all goods and page 80 u. s. 547 merchandise illegally imported, and it proportioned indemnity for infringement upon such rights to the loss which such infringement might cause. the amount recoverable is in proportion to the value of the goods abstracted ..... by him in the course of the partnership page 80 u. s. 548 business, is familiar doctrine. it rests upon the theory that the contract of partnership constitutes all its members agents for each other, and that when a loss must fall upon one of two innocent persons, he must bear ..... the liability imposed by the statute of double the value is arbitrary and without reference to indemnification. double the value may not be more than complete indemnity. there are many cases in which a party injured is allowed to recover in a civil action double or treble damages. suits for infringement of ..... of the government to seize and appropriate to its own use property illegally imported that the statute of 1823 was aimed. it was to secure indemnity for a wrong to rights of property. the instant that goods are illegally imported, the instant that they pass through the custom house without the ..... sum which can readily be reduced to a certainty -- a sum requiring no future valuation to settle its amount. it is not necessarily founded upon contract. it is immaterial in what manner the obligation was incurred or by what it is evidenced if the sum owing is capable of being definitely ascertained .....

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1871

Pennsylvania College Cases

Court : US Supreme Court

Decided on : Jan-01-1871

..... be page 80 u. s. 199 there given to them; and that the defendants justified the proposed action, under the supplement of 1869; that the said scholarship certificates constituted subsisting contracts between the complainants and the trustees of jefferson college, in canonsburg &c.;, entitling them to have the granted tuition &c.;, at that place, in the college there; and that ..... the case came up on bill and answer. there was no dispute about facts. the question was the validity of the "supplemental" act of 1869; the question, namely, whether the contract of scholarships between the complainants and others and jefferson college, did not interpose a constitutional barrier to any legislative grant of authority to the trustees of the college to surrender ..... ] of course these remarks apply only to acts of incorporation which do not contain any reservations or provisions annexing conditions to the charter modifying and limiting the nature of the contract. cases often arise where the legislature, in granting an act of incorporation for a private purpose, either make the duration of the charter conditional or reserve to the state ..... , may be made, and it is also conceded that where they exist, the exercise of the power reserved by a subsequent legislature does not impair the obligation of the contract created by the original act of incorporation. subsequent legislation altering or modifying the provisions of such a charter, where there is no such reservation, is certainly unauthorized if it .....

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1871

insurance Company Vs. Wilkinson

Court : US Supreme Court

Decided on : Jan-01-1871

..... thus obtained, and the policies are delivered at their hands to the assured. the agents are stimulated by letters and instructions to activity in procuring contracts, and the party who is in this manner induced to take out a policy, rarely sees or knows anything about the company or its ..... party making the insurance to have been an individual and to have been present when the application was signed, and soliciting the assured to make the contract of insurance, and that the insurer himself page 80 u. s. 233 wrote out all these representations, and was told by the plaintiff and ..... against him. in the case before us, a paper is offered in evidence against the plaintiff containing a representation concerning a matter material to the contract on which the suit is brought, and it is not denied that he signed the instrument and that the representation is untrue. but the parol ..... of protecting those who are honest, accurate, and prudent in making their contracts against fraud and false swearing, against carelessness and inaccuracy, by furnishing evidence of what was intended by the parties, which can always be produced without ..... the instructions of the court on that subject, and assigns the ruling of the court as error on the ground that it permitted the written contract to be contradicted and varied by parol testimony. the great value of the rule of evidence here invoked cannot be easily overestimated. as a means .....

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1871

French Vs. Shoemaker

Court : US Supreme Court

Decided on : Jan-01-1871

..... the agreement, but those allegations are expressly denied in the answer to the cross-bill, and being unsustained by any satisfactory proofs the defense must be overruled. inequitable and unconscionable contracts, it is said, ought not to be sustained, but it is not possible to regard the arrangement in question as falling within that category, as by the terms of ..... overcome by threats, importunities, and deceptive influences, he was ultimately forced to sign the agreement upon the condition that the complainant would advance him five thousand dollars, and that the contract should be immediately carried into effect. page 81 u. s. 332 even if admitted to be true the answer does not show that the instruments were executed under duress, ..... making the charges has failed to introduce any sufficient proof to warrant a finding in his favor in respect to anyone of the accusations. nearly eight months elapsed after the contracts were signed before the county court rendered their decree annulling the charter of the spurious company and restoring the railroad to its rightful owners. they entered the final decree ..... having been fraudulently made by the said complainant, stevens, smith, and phelps, in violation of the fiduciary relations they sustained to the said washington, alexandria & georgetown railroad company; that the contract to purchase the interest of the said defendant and the said lenox, and to furnish, supply, and advance the means to carry on the litigation of the suit then pending .....

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1871

Philpot Vs. Gruninger

Court : US Supreme Court

Decided on : Jan-01-1871

..... to his assumption. but he was then a partner of philpot and picket, and a joint owner with them of the property for which the debt had been contracted. a consideration moving to his corpromisors was enough to support his promise. the note was given for a smaller sum than the price for which the property had ..... not regarded as such by both parties. it is the price voluntarily paid for a promisor's undertaking. an expectation of results often leads to the formation of a contract, but neither the expectation nor the result is "the cause or meritorious occasion requiring a mutual recompense in fact or in law." * surely a creditor may do ..... have been paid this long time. i am in need of money, and must have it." "i am sorry to see you mention in your letter about a contract i assigned to you, and you would 'recommend me to withdraw that note as soon as convenient,' &c.; and that if i push that note you shall ..... collector for payment. we think this a strange proceeding under the circumstances the note was obtained, and a part having been paid. we have your name to a contract assigning us your interest in well on the smith farm, and we would recommend that you withdraw that note, and, as soon as convenient, meet us in philadelphia ..... firm has been sent to philadelphia for collection. all i can say is, we are, at present, unable to pay it. the change in times has so contracted our means as to make it doubtful if we are able to pay your note in cash at all. we will be glad to settle with you by .....

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1871

United States Vs. Wormer

Court : US Supreme Court

Decided on : Jan-01-1871

..... as the regulations prescribed do not seem to have been unreasonable, the claimant cannot complain. if he chose, under these circumstances, to fling up his contract, he must be content to suffer any incidental damage which he may have incurred page 80 u. s. 29 in making preparations for its performance ..... were issued a few days after the date of the contract, which required, amongst other things, that horses proposed for sale to the government should be placed in the inspection yard at least twenty-four ..... were to be removed by the contractor within one day after receiving notice of their rejection. payment was to be made on completion of the contract, should congress have made an appropriation for that purpose, or as soon thereafter as funds might be received. instructions for inspectors of cavalry horses ..... claim, it holding that the new regulations were not unreasonable. the claimant demanded $15,000 from the government by way of damages for breach of contract. the principal facts page 80 u. s. 26 were that on the 26th day of february, 1864, he entered into a written agreement with ..... all horses "manifestly intended as a fraud on the government, because of incurable disease or any purposely concealed defect." the contractor threw up his contract and claimed damages, which the court of claims allowed him, to the extent which it deemed would make him whole. this court reversed the judgment .....

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1871

Butler Vs. Watkins

Court : US Supreme Court

Decided on : Jan-01-1871

..... never sanctioned the same as a corporate act, the suit could not be maintained against them." if by this it was meant that no suit upon the contract could be maintained, the instruction was correct, but this could not have been so understood by the jury. no such question was before them. it does ..... purpose of keeping the plaintiff's "cotton tie" out of the market. the answers to the defendants' prayers, so far as they tend to show that no contract had been concluded were therefore favorable, rather page 80 u. s. 463 than hurtful, to the plaintiff's case, and they furnish no just ground for ..... which was said to the jury, and to that alone can error be assigned. it is quite true that the suit was not brought upon any contract. the theory of the plaintiff was that no agreement had ever been made, and that the defendants had never intended making one, though all the while ..... it was said, had also invented a cotton tie), in the spring and summer of 1868, wherein the defendants led the said wailey to believe that a contract between himself and watkins, managing director of the company, had been recognized by them and would be by them carried out; and in connection therewith, the testimony ..... name, and never sanctioned it as a corporate act, suit for such a fraud as above indicated could not be maintained. the suit not being on any contract, the corporation might be, notwithstanding, responsible for the fraud. 2. in actions for fraud, large latitude is given to the admission of evidence. if a .....

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