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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1873 Page 1 of about 53 results (0.073 seconds)

1873

Stuart Vs. United States

Court : US Supreme Court

Decided on : Jan-01-1873

..... and of peace, when employed in the actual military service of the united states, are entitled to the same indemnity as the other property referred to. page 85 u. s. 91 the tenth article of the contract requires no discussion. it is quite immaterial in any view of the case. judgment affirmed. [ footnote 1 ] ..... 's construction of the statute, if his whole train had been destroyed by lightning or by tempests, by unexpected drought or overwhelming heat, his claim for indemnity would have been perfect. a destruction "by unavoidable accident" of any horse, mule, ox, wagon, or cart is provided for with equal clearness as where ..... is plain enough. this second section, under which the present claim is made, provides in its first clause for an indemnity for the loss of any horse, mule, ox, wagon &c.;, arising from capture or destruction by an enemy, or where the property has been abandoned ..... them may or may not form a portion of an army. that the statute of 1849, under which this claim is made, was intended for the indemnity of those engaged in the actual military service of the united states -- that is, for enlisted men while in the performance of their duties as such, ..... lost fifty-six oxen, filed a petition in the court of claims, making claim under the second section, above quoted, of the act of 1849, for indemnity by the united states. the petitioner, setting forth the particulars of his case in his petition, alleged: "that in the month of july, 1864, while .....

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1873

insurance Company Vs. Folsom

Court : US Supreme Court

Decided on : Jan-01-1873

..... of insurance, as practiced among merchants, enables those engaged in such pursuits to provide themselves with indemnity against the consequences of such disasters. by such contracts, either associated capital becomes pledged for such indemnity or the loss is so distributed among different underwriters that the ultimate sufferers are not in general ..... intended to cover a subsequent loss, if it appears that the insured as well as the underwriter was ignorant of the loss at the time the contract was made. [ footnote 12 ] viewed in the light of these suggestions, it is quite clear page 85 u. s. 252 that it ..... , does not cover the loss described in the declaration; but it is well settled law that other words may be employed in such a contract which will have the same operation and legal effect, and it appears that the policy in this case, by its express terms, was to ..... not necessary to make the policy retrospective. it is sufficient if it appear by the description of the risk and the subject matter of the contract that the policy was intended to cover a previous loss. 4. where it policy of insurance, following the exact language of the application, insured ..... seriously injured. indemnity is the great object of the insured, but the underwriter pursues the business as a means .....

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1873

National Bank of Washington Vs. Texas

Court : US Supreme Court

Decided on : Jan-01-1873

..... below against the first national bank of washington, w. s. huntington, its cashier, and others, for discovery and relief in regard to certain of these texas indemnity bonds, of which the bill alleged that the state had been dispossessed by fraud or treasonable practices. the number now claimed was nineteen, thus numbered: "numbers 4226 ..... the circle of inquiry to the bonds numerically specified in the decree. there is neither proof nor admission in the record of the execution of the contract of the military board with white & chiles. it must therefore be laid out of view. averments by the complainant vital in the case are denied ..... court an original bill against white & chiles and others wherein it was charged that the repeal of the requirement of the governor's endorsement and the contract with white & chiles were in aid of the rebellion, and therefore void, and it sought to recover back page 87 u. s. 86 the ..... of engaging in the war of the rebellion, then impending, against the united states. on the 12th of january, 1865, the military board entered into a contract with white & chiles in pursuance whereof $135,000 of the bonds were sold and delivered to them. on the 15th of february, 1867, the state ..... after the period fixed for redemption. it was alleged that in the year 1865, the insurrectionary power which had usurped control of the state made a contract with white & chiles by which from one hundred and forty-five to one hundred and sixty-two of the bonds were delivered to them, in .....

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1873

City of Memphis Vs. Brown

Court : US Supreme Court

Decided on : Jan-01-1873

..... the rule of damages for their nonreturn was properly fixed by the master. in dana v. fiedler, [ footnote 5 ] the court said: "complete indemnity requires that the vendee shall receive that sum which, with the price he had agreed to pay, would enable him to buy the article which the vendor ..... present time by the default of brown & co. if brown & co. should now be decreed to pay the face of the bonds instead of an indemnity, the city would make an actual profit. suppose the amount of bonds in question to be $200,000. with the sum of $100,000, the ..... according to the plans and specifications of the engineer's office, and further authorized the mayor and the finance committee to make and enter into contract or contracts with the lowest responsible bidder, as to payments and time of completion, with such restrictions as they might think best. the ordinance went on: ..... the language of the release is this: "and upon the further consideration that the said contractors will release the city upon all liabilities upon said paving contract, unless it shall be decided," &c.; there is no present release, but an agreement to release based upon the performance of the considerations specified. ..... specific performance of this agreement is necessary to do justice to the city. conceding the power of the court to compel the specific performance of a contract relating to personal property, this does not appear to be a case justifying its exercise. specific performance is never decreed where the party can be .....

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1873

Caldwell's Case

Court : US Supreme Court

Decided on : Jan-01-1873

..... time to time, sufficiently completed for the purposes of railroad travel or transportation. the judgment of the court of claims is based upon the theory that the expression in the contract, "posts, depots, or stations," includes railway depots or stations; that when a depot or station was established upon the pacific road, as its construction advanced westwardly, such point ..... .;, "during the year 1866," was only a provision for additional transportation that might be required in other months than those from april to september, previously specified, and under another contract than this to be made, the court limited the recovery to transportation during the months from april to september, 1866, inclusive, and refused to allow damages for the failure to ..... 000,000 lbs. in the aggregate." "article xi. the said caldwell shall transport all the military stores and supplies for which the quartermaster's department may require wagon transportation by contract, on the route specified by this agreement, during the year 1866, provided the weight of such military stores and supplies shall not exceed, in the aggregate, 10,000,000 ..... nebraska territory; fort sedgwick, colorado territory; fort laramie, dakota territory; and at any points or places at which posts or depots shall be established during the continuance of this contract, on the west bank of the missouri river, north of fort leavenworth and south of latitude 42 degrees north, all such military stores and supplies as may be offered to .....

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1873

Mitchell Vs. Tilghman

Court : US Supreme Court

Decided on : Jan-01-1873

..... however, succeeded, though the experiments were continued until the expenditure exceeded forty thousand francs, and it appearing that fat acids and glycerin could not be produced by the process, the contract was annulled, and the witness affirms that it is impossible to decompose fatty matter and obtain fat acids and glycerin by the method indicated in the complainant's patent. he ..... whole instrument, to express the imputed intention, else the theory in question cannot be supported, as courts of justice cannot legislate nor can they add to a grant or contract any stipulation or condition which it does not contain. consequently, the theory of the complainant that the sentence under consideration warrants the conclusion that the claim of the patent includes ..... impossible to decompose fatty matter and obtain fat acids and glycerin by the method indicated in mr. tilghman's patent." "sometime after the first experiments were discontinued and the first contract annulled with mr. tilghman, mr. de fontaine moreau, in whom we had great confidence, announced to us the return to europe of mr. tilghman with a new process, ..... unsuccessful, tilghman and monier disagreeing as before about the cause. tilghman being now in philadelphia, monier, representing that the agreement between them was verbal, and not producing the written contract, sued him in one of the inferior courts of paris, claiming damages in 25,000 francs. judgment by default for want of an appearance was got by monier, and damages .....

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1873

Railroad Company Vs. Lockwood

Court : US Supreme Court

Decided on : Jan-01-1873

..... is exempted from still other responsibilities, it does not follow that his employment is changed, but only that his responsibilities are changed. the theory occasionally announced that a special contract as to the terms and responsibilities of carriage changes the nature of the employment is calculated to mislead. the responsibilities of a common carrier may be reduced to those ..... and gross negligence in such a case is not tenable. "the very great danger," said the court, "to be anticipated by permitting them [common carriers] to enter into contracts to be exempt from losses occasioned by misconduct or negligence, can scarcely be overestimated. it would remove the principal safeguard for the preservation of life and property in such conveyances ..... authorized to charge, he must submit to their terms, however onerous. justice denio with much force of argument combated this view and insisted upon the impolicy and immorality of contracts stipulating immunity for negligence either of servants or principals where the lives and safety of passengers are concerned. the late case of poucher v. new york central railroad company [ ..... relieving the transportation of produce and merchandise from some of the burden with which it is loaded. the question is whether such modification of responsibility by notice or special contract may not be carried beyond legitimate bounds and introduce evils against which it was the direct policy of the law to guard; whether, for example, a modification which .....

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1873

The Confederate Note Case

Court : US Supreme Court

Decided on : Jan-01-1873

..... the ordinance of north carolina of october, 1865, recognized the difference between the standard of value existing in that state during the war, and usually referred to in the contracts of parties, and the legal standard adopted by the government of the united states. it required that the legislature should provide a scale of depreciation of the confederate currency ..... smith, this court enforced a contract payable in these notes, treating them as a currency imposed upon the community by a government of irresistible force. as said in a later case, referring to this decision, "it ..... business in its multiplied forms was there transacted. the simplest purchase of food in the market, as well as the largest dealings of merchants, were generally made in this currency. contracts thus made, not designed to aid the insurrectionary government, could not, therefore, without manifest injustice to the parties, be treated as invalid between them. hence, in thorington v. ..... dollars" the lawful currency of the united states was intended. thorington v. smith, 8 wall. 1, explained. 2. the ordinance of north carolina of 1865 declared that all existing contracts solvable in money, whether under seal or not, made after the depreciation of confederate currency, before the 1st day of may, 1865, and then unfulfilled (except official bonds, and penal .....

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1873

Railroad Company Vs. Richmond

Court : US Supreme Court

Decided on : Jan-01-1873

..... . but if comparisons may be made with respect to a subject of this nature, we should say that the observance of good faith between parties, and the upholding of private contracts, and enforcing their obligations, are matters of higher moment and importance to the public welfare, and far more reaching in their consequences. decree affirmed. [ footnote 1 ] 14 stat. ..... to that point in the cars of the dubuque & sioux city railroad company. but it did not regard the stipulations of the contract with the elevator company, or only partially performed them; grain was shipped through dubuque without being delivered to or handled by that company and without payment of the charges ..... september, 1867, the dubuque & sioux city railroad company leased its road and other property to the illinois central railroad company. in this lease, the illinois company expressly assumed the contract mentioned, made with the elevator company, and soon afterwards entered into possession of the leased property, and commenced transferring grain from dubuque across the mississippi river, which had been brought ..... states. on the 22d of august, 1860, the dubuque & sioux city railroad company and the dubuque elevator company, corporations, created both by the laws of iowa, entered into a contract by which the elevator company was to construct an elevator for receiving, storing, handling, and delivering grain brought by the cars of the railroad company to dubuque city. on the .....

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1873

Carpenter Vs. United States

Court : US Supreme Court

Decided on : Jan-01-1873

..... and by the use of it the vendor might have been regarded as compensated for the defendant's occupation, yet c.j. mansfield said: "a contract cannot arise by implication of law under circumstances the occurrence of which neither of the parties ever had in contemplation." the same principle was asserted in ..... was in writing or in parol. such an agreement sufficiently explains the allowed entry, u.s. without the necessity of resorting to any implication of a contract other than that actually made. accordingly, it was ruled in kirtland v. pounsett, [ footnote 5 ] that an action for use and occupation cannot ..... a reasonable presumption that occupation thus taken was intended to be paid for. no reason, however, for such an implication exists when an express contract or an arrangement between the parties shows that it was not intended by them to constitute the relation of landlord and tenant, but that the ..... that the law ( i.e., the statute of 11 george ii, chapter 19, 14) which gives the action for use and occupation always required that some contract of demise should subsist -- in other words, that the relation of landlord and tenant must be established; [ footnote 3 ] that there was no such relationship here ..... with one carpenter, owner of an island in narragansett bay, for the purchase of it by the united states for military uses, and a parol contract for the purchase and sale was then formally concluded, the terms being approved by the secretary of war. the price, as stipulated, was $21, .....

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