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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1874 Page 1 of about 62 results (0.055 seconds)

1874

Moran Vs. Prather

Court : US Supreme Court

Decided on : Jan-01-1874

..... that the purchaser had assumed the payment of existing debts against her. 2. the right of a partner to sign the firm name to a contract of indemnity in favor of third persons must be strictly proved, but it need not necessarily to be proved by a written authority to him. error to ..... referred to debts to accrue after the 20th of september, 1869 (the date of the agreement of indemnity), but to debts which, then existing, might be thereafter presented -- all claims and demands, in short, which had been contracted on account of the boat and for which he, prather, was liable as owner. the defendants, ..... arose and were brought against the steamer and were existing prior to the 20th day of september, 1869, and were embraced under the said agreement of indemnity given by moran & noble; that the petitioner having been thus obliged to pay the same, the said moran & noble under said agreement were bound ..... consideration for the petitioner's making sale of so very valuable as boat for the small sum of $6,000, executed in this form the instrument of indemnity which he required: "new orleans, september 20, 1869" "we, the undersigned, of the city and state aforesaid, do hereby bind ourselves and our ..... this, and in order to be sure of protection against all the debts existing against the steamboat at that time the petitioner demanded an agreement of indemnity from a commercial firm in new orleans named moran & noble; that certain persons whose names appear to it had, by the instrument first given below .....

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1874

Maryland Vs. Railroad Company

Court : US Supreme Court

Decided on : Jan-01-1874

..... held to have undertaken to pay in gold, since payment by legal tender notes would not amount to indemnity. but we see nothing in the contract which justifies its being construed as a contract of indemnity. it may be conceded, and it probably was the fact, that both parties thought what the company ..... the interest to london to be there paid and also the difference in exchange of currency between london and baltimore. this was a stipulation for indemnity. it covered all that the state was required to pay as interest on her sterling bonds. but it was expressly limited to the interest for ..... themselves, and is of course quite unauthorized, as well as liable to great practical injustice in the application." applying these principles and looking to the contract, we discover no basis for such an implication as the plaintiff in error asserts. we are asked to consider the circumstances which attended page 89 u ..... the state has not exacted from the company all that was necessary to its own complete indemnification, this being especially true in the case of a contract where in other parts a complete indemnification was specifically and carefully provided for, and in one where, at the time it was made, there ..... of the parties. 2. a reference to what are called "surrounding circumstances" is allowed for the purpose of ascertaining the subject matter of the contract or for an explanation of the terms used, not for the purpose of adding a new and distinct undertaking. 3. an implication that a railroad .....

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1874

In Re Chiles

Court : US Supreme Court

Decided on : Jan-01-1874

..... "july 17th, 1874" "messrs. droege & co.," "manchester, england" "you are again hereby notified that i am the owner, by contract with the state of texas, of seventy-six texan indemnity bonds of one thousand dollars each, and coupons attached, amounting in all to $87,400, and also of the balance of one hundred and ..... & co., as also a certain other notice to other persons in england, having some sort of relation to the proceeds of some of these texas indemnity bonds; this last notice, however, not being much pressed by the counsel of texas as a feature in the case, and the reliance being on ..... wall. page 700. the bill recited the circumstances under which the united states issued and the state of texas received the bonds known as the texas indemnity bonds, and then alleged that these bonds fell into the hands of a combination of conspirators who, assuming to be the lawful government of the state ..... the bonds delivered to them, and claimed title to those not delivered, was void because made with the intent to aid the rebellion. a copy of this contract was set out as exhibit "a" of the bill, and mentioned, as already stated, specifically the seventy-six bonds. white & chiles filed separate answers ..... the surrender of certain territory claimed by it, and which bonds were thus known as the texas indemnity bonds. page 89 u. s. 159 two lots of bonds were mentioned in this contract. one of them was thus: "2d. seventy-six bonds with coupons attached, principal and interest amounting to $87,400, .....

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1874

Ross Vs. Jones

Court : US Supreme Court

Decided on : Jan-01-1874

..... and in due form, removes every condition from his liability except that the holder will do no act to suspend, impair, or destroy his right to indemnity from such other parties to the instrument as are bound to save him harmless. [ footnote 26 ] negotiable promissory notes, like bills of exchange, are ..... give the described notice arises immediately after the bond, bill, or note falls due, which evidently refers to the lapse of time specified in the contract, but the absolute obligation to pay does not arise in the case of an endorser before notice of dishonor, which can never be given to ..... and all correspondence with citizens or persons domiciled in the enemy country. total inability, therefore, on the part of an enemy creditor to sustain any contract in the tribunals of the other belligerent, exists by the law of nations during the continuance of the war, but the restoration of peace removes ..... , 1869, leaving the note unpaid and outstanding. under the laws of the state the general statute of limitations runs from the maturity of the contract to the granting of administration upon the estate of the decedent, when the general statute ceases to run and the statute of limitations applicable to ..... the defendant. 2d. that the court erred in sustaining the demurrer of the plaintiffs to the third plea of the defendant. i. unsealed written contracts are barred by the statute of limitations of that state in five years from maturity, and it appears that the note described in the declaration matured .....

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1874

Robinson Vs. Elliott

Court : US Supreme Court

Decided on : Jan-01-1874

..... not sanction a proceeding of this kind. it will not allow the creditor to make use of his debt for any other purpose than his own indemnity. if he goes beyond this and puts into the contract stipulations which have the effect to shield the property of his debtor, so that creditors are delayed in the collection of their debts, a court ..... this mortgage which are not only to the prejudice of creditors, but which show that other considerations than the security of the mortgagees, or their accommodation even, entered into the contract. both the possession and right of disposition remain with the mortgagors. they are to deal with the property as their own, sell it at retail, and use the money thus ..... of equity will not lend its aid to enforce the contract. these principles are not disputed, but the courts of the country are not agreed in their application to mortgages with somewhat analogous provisions to the one under consideration. the cases ..... personal property should be able to make bona fide mortgages of it, to secure creditors, without any actual change of possession. but the creditor must take care in making his contract that it does not contain provisions of no advantage to him, but which benefit the debtor and were designed to do so and are injurious to other creditors. the law .....

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1874

United States Vs. Boecker

Court : US Supreme Court

Decided on : Jan-01-1874

..... may examine and determine how far, in the event of liability on the part of the principal, the property would be available as security for the government and indemnity for the surety. if the proposition of the counsel for the united states were sustained, the designation of the place, as in this bond, instead of affording ..... "nothing can be clearer, both upon principle and authority, than the doctrine that the liability of a surety is not to be extended by implication beyond the terms of his contract. to the extent, and in the manner, and under the circumstances pointed out in his obligation he is bound, and no further. . . . it is not sufficient ..... cannot assent to the view expressed by the counsel for the government. on the contrary, we think this term of the bond is of the essence of the contract. it is hardly less so than the amount of the penalty. one defines the place where the liability must arise, the other the maximum of that liability ..... to be bound. the former can no more be held immaterial than the latter. no distillery having been carried on at the place named, the contract never took effect. the event to which it referred did not occur. there could consequently be no liability within the letter or meaning of the ..... contract. it was as if the agreement had been for the good conduct of a clerk while in the service of b., and the clerk never .....

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1874

Railroad Company Vs. AndroscoggIn Mills

Court : US Supreme Court

Decided on : Jan-01-1874

..... that is to say was burned before it ever reached evansville. the androscoggin mills now sued the evansville & crawfordsville railroad company, declaring upon that clause of the contract which contained the provision that "upon the arrival at evansville and delivery of the property above consigned, they will receive and forward said property to destination upon the ..... erie, and new york central railroads " `contract for through rate "a. e. shrader" " general freight agent, evansville, indiana " "this reliable through line makes the shipment of cotton and tobacco a specialty, and guarantees quick time and ..... "androscoggin mills," an incorporated page 89 u. s. 596 company in new england, two hundred bales of cotton, to be delivered at boston. the bill of lading, creating the contract between the parties, was as follows, viz.: " evansville and crawfordsville railroad company" " great through fast freight route to all points north and east via " " pennsylvania central, ..... top " evansville and crawfordsville railroad company" "great through fast freight route to all points north and east, via pennsylvania central, erie, and new york central railroads. contract for through rate. this reliable through line makes the shipment of cotton a specialty, and guarantees quick time and delivery in good order." the bill, after stating the .....

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1874

The Elgee Cotton Cases

Court : US Supreme Court

Decided on : Jan-01-1874

..... ownership should remain unchanged. else why introduce a provision totally unnecessary? such was the inference drawn from the introduction of a similar clause in a contract considered in martineau v. kitching. [ footnote 16 ] there it was stipulated that the goods should page 89 u. s. 195 remain at the ..... possession was certainly retained. the vendors undertook to deliver at fort adams. to enable them to carry, and thus deliver, possession was indispensable. the contract also provided that the cotton should be received by da silva & co. this agreement to carry and deliver at fort adams on the mississippi, ..... measured off. credit was also stipulated for. it was the case of selling ascertained chattels for an ascertainable sum. if this stood alone, the contract would have passed the property, but it was controlled by the provisions for the possession, carriage, and delivery, as well as the measurement and ..... during the suit and his representatives now taking his place. a question was made and in this court learnedly argued as to whether both the contracts which were the subjects of consideration, were not forbidden by the nonintercourse acts of congress, and whether, on that ground, the claims of ..... not now be controverted on the matter, while: lobdell and woodruff & co. (the latter-named of whom claimed under the former), treating the contract with holmes for nutt, and the letter of october 8th, 1863, as of no importance, contended that prior to either, the cotton had passed to .....

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1874

Avery Vs. Hackley

Court : US Supreme Court

Decided on : Jan-01-1874

..... require the lumber to be sold on joint account. if the defendants sent the lumber to market, sold it to best advantage, and divided the proceeds, the contract on their part was complied with. they had entire control over it, and the manner of sale is immaterial and cannot affect the rights of the parties. ..... the defendants intended to abandon their lien. indeed it would be a harsh rule to infer the abandonment of a lien to the extent of this one, contracted in good faith in the prosecution of a legitimate business, unless the evidence on the subject left no other alternative. it is said that after the ..... and from that decision this writ of error was taken. page 87 u. s. 410 mr. justice davis delivered the opinion of the court. if the contract of january 25, 1868, was never surrendered or abandoned, it is manifest that the defendants acquired an interest in and lien upon the logs furnished by blake ..... may 25), and merged in that bill. if so, the defendants had lost their lien, since it was obvious that they could not stand on the new contract of may 25, it having been plainly void as to creditors. on the contrary, if the old security was not abandoned, then, although the defendants had ..... previous to may 25, and on their refusing to pay to the assignee these proceeds, he brought the action below. the question, of course, was whether this contract of the 25th of january was abandoned by the defendants' doing what they had done subsequent to it (that is to say, by their taking, in the .....

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1874

Hearne Vs. Marine Insurance Company

Court : US Supreme Court

Decided on : Jan-01-1874

..... ought to inform himself." [ footnote 7 ] usage is admissible to explain an ambiguity, but it is never received to contradict what is plain in a written contract. [ footnote 8 ] if the words employed have an established legal meaning, parol evidence that the parties intended to use them in a different sense will be ..... manzanillo; that the voyage was not a deviation; that it in no wise affected the liability of the company in equity; and that hence, the contract of the parties in this particular should be reformed accordingly. it is not necessary that the usage relied upon in cases like this should have been ..... . justice swayne, having stated the case, delivered the opinion of the court. the reformation of written contracts for fraud or mistake is an ordinary head of equity jurisdiction. the rules which govern the exercise of this power are founded in good sense and are ..... on the island than at the port of discharge, and that a few used the same port for both purposes. but it appeared also that the contract in both cases was expressed according to what the parties purposed. the court below dismissed the bill, and from its action hearne took this appeal. mr ..... causes a forfeiture of the premium. hearne filed a bill in the court below against the new england mutual marine insurance company to reform a contract of insurance, he alleging that the policy as made out did not conform to the agreement of the parties, taking that agreement with the usage .....

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