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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1872 Page 1 of about 52 results (0.055 seconds)

1872

Pickersgill Vs. Lahens

Court : US Supreme Court

Decided on : Jan-01-1872

..... liability for a debt; in the other, for a result in an action at law. both are cases of contract, for indeed suretyship can exist in no other way, and we know of no principle of equity by which a contract of indemnity is to be construed so as to charge an estate and an engagement to pay money to receive a contrary ..... parties, it will be reformed so as to conform to it. this has been done where there is a previous equity which gives the obligee the right to a several indemnity from each of the obligors, as in the case of money lent to both of them. there, a court of equity will enforce the obligation against the representatives of the ..... he insists they are not applicable here. his position is, that a statutory obligation like the bond in question is different in principle, and should be interpreted differently from a contract made by private parties between themselves, as the obligees in such a bond cannot direct the form it shall take, nor elect whether to accept or refuse it. the bond ..... joint and not several, on the ground that the lending to both creates a moral obligation in both to pay, and that the reasonable presumption is the parties intended their contract to be joint and several, but through fraud, ignorance, mistake, or want of skill, failed to accomplish their object. this presumption is never indulged in the case of a mere .....

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1872

Marshall Vs. Vicksburg

Court : US Supreme Court

Decided on : Jan-01-1872

..... by the rebellion did not suspend his right to collect, and that he had no claim for indemnity under his contract on account of such diminution. 3. the same lease providing "that in case the right to collect wharfage or rents should be defeated permanently ..... in rebellion. but the complainant's right to collect was in no wise suspended. he suffered from the war as others did, but his contract secured him no indemnity, and a court of equity can give him none. the second clause relates to the acts of the city. it declares that "in case ..... s. 147 2. a. leased a wharf from a city on the mississippi before the rebellion for a certain term, the city binding itself for indemnity if his "right to collect wharfage was suspended for any period by the intervention of third parties." held that the diminution of trade on the river caused ..... was neither "interrupted or defeated permanently" nor indeed gainsaid or questioned by the city. the claim is neither within the letter, meaning, nor equity of the contract and must be denied. it appears that marshall made two loans from the city to remove encumbrances -- one of $1,000. the amount of the other ..... the city, by her ordinance of february 7, 1852, reduced the wharfage for steamers from $5 per trip to $5 per week, in violation of the contract with the complainant, and largely to his injury. this is a grave imputation, and if established, would certainly entitle him to compensation. but the evidence shows .....

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1872

City of Richmond Vs. Smith

Court : US Supreme Court

Decided on : Jan-01-1872

..... occupation by our armies, for the purpose of keeping any class of property out of its hands by destroying the same, is a sheer act of war, and no contract or stipulation for indemnity to persons whose property was thus destroyed had any validity after the collapse of the confederacy. the owners of tobacco, cotton, or machinery destroyed on similar occasions are .....

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1872

Dair Vs. United States

Court : US Supreme Court

Decided on : Jan-01-1872

..... the delivery of the instrument. the transaction was one of ordinary occurrence in the administration of the revenue laws, and if the officer was satisfied of the sufficiency of the indemnity, there being no circumstances to create distrust that the principal obligors who tendered the bond were not upright men, there was nothing left for him to do but to take ..... action is founded. the bond was in all respects regular, executed according to prescribed forms, and accepted by the officer whose duty it was to take it, as a completed contract. there was nothing on the face of the paper or in the transaction itself to put the officer on inquiry, or page 83 u. s. 5 to raise even a ..... be conceded that courts of justice, if in their power to do so, should not allow a party who, by act or admission, has induced another with whom he was contracting to pursue a line of conduct injurious to his interests, to deny the act or retract the admission in case of apprehended loss. sound policy requires that the person who ..... , to set up a condition, unknown to the person whose duty it was to take the bond, and which is unjust in its result, that the difficulties of procuring satisfactory indemnity from those who are required by law to give it will be greatly increased. especially is that so since parties to the action are permitted to testify. in green v .....

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1872

New Orleans Vs. Gaines

Court : US Supreme Court

Decided on : Jan-01-1872

..... what the premises are reasonably worth annually, with the interest to the time of the trial. "less than this," it is said, "would not give the plaintiff full and complete indemnity for the injury to his rights." such is also the express declaration of article 1939 of the civil code of louisiana. the articles of the code, 1939 and 1905, are ..... not, as it is urged, in hostility to this principle. the latter, by its terms, relates to contracts. by the former, liens which are due for the restitution of profits bear interest from the day the debtor was in default. by the judgment, it is found that the .....

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1872

Canal Company Vs. Hill

Court : US Supreme Court

Decided on : Jan-01-1872

..... with whom concurred mr. justice davis, dissenting: i dissent from the judgment given in this case. in my opinion, it practically makes a new contract for the parties -- a contract to which they never agreed. it holds that what, at most, was an expectation of results amounts to a binding obligation that they shall follow. ..... relates to the well known law of practical hydraulics that an adjutage or nozzle attached to the outside of an aperture prevents the vein of water from contracting and increases the aggregate discharge. with this exception, however, the lessee is entitled to draw off from the canal as much water as the two ..... abstract from the lessee a portion of the water, which he must be presumed to have stipulated for. the contract was made in reference to the state of things existing at the time it was made. in the third place, as to the freedom from ..... what that head shall be will depend upon the usual depth or height of water in the canal. it is to be presumed that the parties contracted in reference to that. the lessors do not guarantee any particular head, but any alteration of their canal which would materially and permanently reduce it would ..... be drawn, and to have a sliding gate in front, so that the water power granted might be totally or partially stopped, as the provisions of the contract might require. the forebay, or trunk, for conducting the water through the canal bank, page 82 u. s. 96 from the aperture, was to be .....

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1872

Life Insurance Company Vs. Terry

Court : US Supreme Court

Decided on : Jan-01-1872

..... event of death, the money is to be paid to her. we see no difference in the cases. in each, it is the case of a contract, and is to be so rendered as to give effect to the intention of the parties. nor do we see any difference for this purpose in the ..... be said to have died by his own hands, the circumstances page 82 u. s. 590 clearly would not be such as the parties contemplated when the contract was entered into." that form of insanity called impulsive insanity, by which the person is irresistibly impelled to the commission of an act, is recognized by writers ..... : "and i take our law to be that any mental derangement which would be sufficient to exonerate page 82 u. s. 588 a party from a contract would render a person incapable of occasioning the forfeiture of a policy under this condition." there is a conflict in the authorities which cannot be reconciled. the ..... lyndhurst. the english judges refuse to apply to the act of the insured in causing his death the principles of legal and moral responsibility recognized in cases where the contract, the last will, or the alleged crime of such person may be in issue. in hartman v. keystone insurance co., [ footnote 6 ] the doctrine of ..... is impelled thereto by an insane impulse, which he has not the power to resist, such death is not within the contemplation of the parties to the contract, and the insurer is liable. mary terry brought an action in the court below against the mutual life insurance company of new york, to recover the sum .....

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1872

Slaughterhouse Cases

Court : US Supreme Court

Decided on : Jan-01-1872

..... immunities of citizens, but they are very comprehensive in their character. the states were merely prohibited from passing bills of attainder, ex post facto laws, laws impairing the obligation of contracts, and perhaps one or two more. but others of the greatest consequence were enumerated, although they were only secured, in express terms, from invasion by the federal government; such ..... the corporators, had no legal existence beyond the limits of the sovereignty where created, and that the recognition of its existence by other states, and the enforcement of its contracts made therein, depended purely upon the assent of those states, which could be granted upon such terms and conditions as those states might think proper to impose. the whole ..... to the state, not to artificial persons created by the legislature and possessing only the attributes which the legislature had prescribed; that, though it had been held that where contracts or rights of property were to be enforced by or against a corporation, the courts of the united states would, for the purpose of maintaining jurisdiction, consider the corporation ..... limitations which the federal constitution imposed upon the states -- such, for instance, as the prohibition against ex post facto laws, bills of attainder, and laws impairing the obligation of contracts. but, with the exception of these and a few other restrictions, the entire domain of the privileges and immunities of citizens of the states, as above defined, lay within the .....

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1872

Davis Vs. Gray

Court : US Supreme Court

Decided on : Jan-01-1872

..... constitution of the united states which declares that no state shall pass any law impairing the obligation of contracts. the ordinance of 1869, and the constitution adopted in that year, insofar as they concern the question under consider consideration, are nullities, and may be ..... creating the transcontinental company, and there it exists by the clearest implication. that the act of incorporation and the land grant here in question were contracts is too well settled in this court to require discussion. [ footnote 38 ] as such, they were within the protection of that clause of the ..... united states should not be computed against any internal improvement company in reckoning the period allowed them for the completion of any work they had contracted to do. the act of january 11, 1862, for the relief of railroad companies enacted that the failure of any chartered railroad company ..... the "act incorporating the memphis, el paso & pacific railroad company," and the other acts referred to in the bill, did not amount to a contract between the state of texas and the company. 6th. because it did not appear that any designated third person or persons was or were about ..... article i, section 10, of the constitution of the united states, which declares that "no state shall pass any law impairing the obligation of contracts," and were insofar null and void, and that the acts of the governor of the state and commissioner of the land office, in issuing such .....

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1872

Maddox Vs. United States

Court : US Supreme Court

Decided on : Jan-01-1872

..... subject to seizure and detention. it was therefore necessary, in order to see whether the citizen had the privilege of trading with the enemy in the manner contemplated by this contract, to review the statutory provisions, treasury regulations, and executive orders concerning the purchase of the products of insurrectionary states. this was done, and after careful consideration we held that ..... it that the property to be transported under the contract should be free from seizure or detention, and that the military and naval authorities be requested to furnish the necessary facilities for getting the products within our lines. these ..... north carolina, to be delivered in norfolk or new york, and sold at certain points mentioned, under the same conditions as other sales of like public property. with the contract risley delivered to maddox and his associates a request for safe conduct and means of transportation. this request was presented to the president of the united states, who endorsed on ..... lane, 8 wall. 185, affirmed, on the two points above quoted. h. a. risley, treasury agent at norfolk for the purchase of the products of insurrectionary states, in november, 1864, contracted in writing to purchase from maddox and certain persons associated with him, loyal citizens of the united states, a large quantity of tobacco, rosin, and turpentine, situated in the states .....

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