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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1873 Page 3 of about 53 results (0.063 seconds)

1873

Sawyer Vs. Hoag

Court : US Supreme Court

Decided on : Jan-01-1873

..... solution of the question before us. it is very true, that by the power of the legislature there is created in all acts of incorporation a legal entity which can contract with its shareholders in the ordinary transactions of business as with other persons. it can buy of them, sell to them, make loans to them, and in insurance companies, make ..... contracts of insurance with them, in all of which both parties are bound by the ordinary laws of contract. the stockholder is also relieved from personal liability for the debts of the company. but after all, this artificial body is but .....

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1873

Espy Vs. Bank of Cincinnati

Court : US Supreme Court

Decided on : Jan-01-1873

..... statement, as will be seen at once by its inspection. it is as follows: "a verbal certification of a check is equally valid with a written certification, and constitutes a contract obligatory on the party giving the certification, the consideration of which is the property parted with by the party receiving the certification on the faith of the certification." the plaintiff ..... requests for charges, including this one as a fourth, which the court gave. " fourth. a verbal certification of a check is equally valid with a written certification, and constitutes a contract, obligatory on the party giving the certification, the consideration of page 85 u. s. 608 which is the property parted with by the party receiving the certification on the faith ..... informed them that the teller had said, "it is all right, send it through the clearinghouse." they thereupon delivered to the stranger the bonds and the gold that he had contracted for, and he went his way and was no more heard of. page 85 u. s. 606 the check was put through the clearinghouse and paid. but on the next .....

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1873

Barings Vs. Dabney

Court : US Supreme Court

Decided on : Jan-01-1873

..... the legislature in 1868 was no disturbance of any vested rights, and it is not obnoxious to the objection that it impaired the obligation of any contract. for this reason, and for this reason alone, i think the judgment should be affirmed. justices miller and davis expressed their concurrence in what ..... basis of the independent credit of the bank, and that a law passed to effect such a withdrawal or misappropriation impaired the validity of the contracts held by the creditors of the bank. that case had in it many features of the present one. the legislature of arkansas, amongst other things ..... abrogate it and place them where they stood when the trust was created. the repeal of the section in question therefore did impair the validity of this contract and, if the latter was valid, was a violation of the constitution. this conclusion, however, is based on the assumption that the law itself ..... in favor of the cestuis que trust will be noticed hereafter. the creation of this trust in favor of the bondholders, if valid, was a contract with them. confiding in it, they would desist from further efforts to secure the payment of their claims by adverse proceedings. it would be ..... ground for legislative interference to confirm the appropriation of funds as originally pledged." "nor was the act of 1865 either unconstitutional as impairing the obligation of contracts or contrary to good faith, equity, or conscience." "the bank had long suspended its payments, and, from the events of the war, was not .....

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1873

Stowe Vs. United States

Court : US Supreme Court

Decided on : Jan-01-1873

..... authority on anybody to do more than to prosecute the claim to settlement and to receive any draft in the name of the principal, and so claim payment under the contract himself. he is estopped by his own action from disputing the validity of the settlement. in october, 1863, the quartermaster's department entered into a written ..... contract with one stowe, to deliver mixed grain at certain prices agreed on. the contract was fulfilled, and a balance found due upon it to stowe. the government having neglected to pay a portion of this balance, stowe .....

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1873

Head Vs. the University

Court : US Supreme Court

Decided on : Jan-01-1873

..... time declared that this position should be held by him for six years "subject to law," it cannot be doubted that he understood it to be a part of the contract that the legislature could, at their discretion and in their pleasure, bring it to an earlier end. without discussing other questions, for the reasons thus given, the judgment must be ..... all contracts are in that condition. but that he would be subject to future legislative action, to the extent of an immediate removal and without cause, was not so evident. it was ..... the control of his office at the disposition of the legislature, the words "subject to law" would have been quite unnecessary in the resolution. that he and his office and contract were subject to the laws in existence at the time of making it was sufficiently evident without any declaration on the point. all page 86 u. s. 531 persons and ..... pass, as there was no body that could enact laws except the legislature of the state; that the relation between the university and the plaintiff did not result from any contract between the parties, but from the law establishing the university, creating the professorships and providing for the manner of filling them. judgment being given accordingly against the plaintiff, and that .....

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1873

Hailes Vs. Van Wormer

Court : US Supreme Court

Decided on : Jan-01-1873

..... the combination the defendants have never used, nor have they used any corresponding device, or device producing the same results. the second claim is for contracting the discharge end of the coal supply reservoir, expanding the fire pot, and extending the flame passage downward for united operation in a base-burning ..... . among them these: the introduction of a magazine or reservoir into a stove for the purpose of supplying coal to the fire pot below. the contraction of the lower end of the said reservoir so that it should be smaller than the upper portion thereof, page 87 u. s. 366 which ..... supply reservoir, that an enclosed horizontal chamber for the free expansion and circulation of the flame and gases is formed all around and outside of the contracted discharge, and above the upper edge of the fire pot, substantially as and for the purpose set forth." "(4) the descending passage or passages, ..... directly from a space or chamber about the lower part of the stove, all for the purpose set forth and substantially as described." "(2) the contracting of the discharge end of the coal supply reservoir, the expanding of the fire pot, and the extending of the flame passage downward, for united ..... , 2, 3. this construction or form of the metal insures an equable heating of the pot at all parts, and a uniform expansion and contraction by the principle of conduction, the thickest and most intensely heated portion imparting to the thinnest or less intensely heated portions a large amount of its .....

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1873

Wilson Vs. City Bank

Court : US Supreme Court

Decided on : Jan-01-1873

..... of such state, district, or territory applicable thereto, for a period of seven days, or has been actually imprisoned for more than seven days in a civil action founded on contract for the sum of $100 or upwards, or who, being bankrupt or insolvent, or in contemplation of bankruptcy or insolvency, shall make any payment, gift, grant, sale, conveyance or transfer .....

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1873

University Vs. Finch

Court : US Supreme Court

Decided on : Jan-01-1873

..... order and forbidden to return, judicial proceedings against him were void. 3. the property of such citizens found in a loyal state is liable to seizure and sale for debts contracted before the outbreak of the war, as in the case of other nonresidents. daily and chambers purchased of elliott, in march, 1860, certain real estate in st. louis, missouri. for ..... of the rebel states, located in the loyal states, was, by the mere existence of the war, exempted from judicial process for debts due to citizens of the loyal states contracted before the war. a proposition like this, which gives an immunity to rebels against the government not accorded to the soldier who is fighting for that government, in the very .....

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1873

Packet Company Vs. Sickles

Court : US Supreme Court

Decided on : Jan-01-1873

..... should govern. the case was tried in the court below upon an entirely different theory, against the steady remonstrance and exceptions of the defendants. with the special contract eliminated from the case, it seems to us to be a very simple one. the defendants have used, or are charged with using, the invention of ..... taken. the case went to trial on the plea of non-assumpsit to the amended declaration. evidence was admitted, to which defendants excepted, proving the special contract, the value of the saving in fuel made by the use of the patented improvement, and the length of time it was in use by defendants. evidence ..... or the value of its economies, but to be a deduction from all, under the rule of equity and justice between parties dealing with each other in contract, and where it is expected that both are to derive advantages from their dealings. " page 86 u. s. 615 to the refusal and to the charge ..... pleas of the statute being struck out, the case was tried on the plea of non-assumpsit. the plaintiff, under objection by the defendant, proved his special contract, how much fuel had been saved by the use of his apparatus, and how long the defendant used it. the defendant excepted to this proof. the defendant ..... last of these reversals was in the present case, and is reported in 72 u. s. 5 wall. 580. it was there held that this special contract, on which the case had always been previously tried, was void under the statute of frauds because it was not to be performed within one year and .....

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1873

Kehr Vs. Smith

Court : US Supreme Court

Decided on : Jan-01-1873

..... sides on the theory that the law applicable to an executed contract of this sort applied to the one in controversy. it may well be doubted whether in any case a mere promise by the husband, without consideration, ..... as void as to existing creditors, that all the creditors, prior and subsequent, share in the fund pro rata. [ footnote 3 ] we have considered the contract in this case as if it were executed, because no point is made by the respondents that it is executory, and the case has been argued by both ..... the execution of the new contract, followed by cohabitation, placed the parties exactly where they would have been if there had been no separation. the notes thus became a voluntary gift, and ..... s. 34 wife became entitled to support from her husband and to dower in his estate. these rights of the wife had been relinquished in the first contract, and this relinquishment was the only consideration to support it. the withdrawal of the consideration left the notes without any element of value in them, and ..... claim for alimony or dower in case of the husband's death. the trustee also covenanted to save the husband harmless from any debts the wife might contract page 87 u. s. 32 on his account. no fault was imputed by one to the other, but each was left at liberty, if so disposed .....

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