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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1874 Page 2 of about 62 results (0.172 seconds)

1874

Littlefield Vs. Perry

Court : US Supreme Court

Decided on : Jan-01-1874

..... actually realized are usually, in a case like this, the measure of unliquidated damages. circumstances may, however, arise which would justify the addition of interest in order to give complete indemnity for losses sustained by willful infringements. decree reversed to the extent hereinbefore indicated, and the cause remanded with instructions to take a new account of profits and proceed in accordance ..... at the same time filing another application for "a new and useful improvement in stoves" so devised as "to burn the gaseous or more inflammable elements of the coal in contract with its more refractory portions, and thus secure a complete combustion of them both." upon this application a patent was issued january 20, 1854. all the patents outstanding, and ..... of treadwell & perry, under the grant, has been reduced from that of assignees to mere licensees. undoubtedly, for the purpose of ascertaining the intention of the parties in making their contract, the two instruments, executed as they were at the same time and each referring to the other, are to be construed together. if, when so construed, they shall be found ..... & perry. because treadwell & perry were required to account to him in a particular manner for all stoves made and sold by them. because there was a provision by which the contract might become "inoperative and void," and by which "all the rights and interests . . . conveyed" were to "revert" to the patentee, in the event that treadwell & perry neglected and refused to .....

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1874

The Lottawanna

Court : US Supreme Court

Decided on : Jan-01-1874

..... and the twelfth admiralty rule, throughout all its mutations, from the time it was first adopted to the present time, has always given the district courts jurisdiction over such contracts either in rem or in personam. both the enemies and the friends of the admiralty have always concurred in that proposition, which leaves nothing in controversy in this case ..... basis of their jurisprudence, a privilege or right of payment in preference to other creditors upon the value of the ship itself without any instrument of hypothecation, or any express contract, or agreement, subjecting the ship to such a claim. " qui in navem exstruendam vel instruendam credidit vel etiam emendam privilegium habet. [ footnote 2/16 ] . . . quod quis navis fabricandae ..... [ footnote 2/7 ] attention was again called to those two cases in an affreightment suit, when they were both distinctly overruled without hesitation, and the whole court decided that contracts, claims, or service purely maritime and touching page 88 u. s. 588 rights and duties appertaining to commerce and navigation, are of admiralty cognizance and properly cognizable in the district ..... wholly unaffected by the consideration that the ship was not engaged in foreign commerce or in commerce between the states; that the jurisdiction, whether the cause of action is contract or tort, does not depend on the regulations of commerce; that the two matters of jurisdiction are entirely distinct things, and that they were conferred by separate and distinct .....

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1874

Lyon Vs. Pollard

Court : US Supreme Court

Decided on : Jan-01-1874

..... or purpose of any notice in the case was to apprise the party on whom it was served that the other party intended to terminate the contract. the contract itself fixed the time when this should take place -- namely thirty days after the service. the fact that the notice refers to a past ..... agreed to superintend. if she rendered herself or otherwise became incapable of performing these duties, that of itself authorized defendant to rescind or terminate the contract. he was not bound to continue as the superintendent of a large hotel a person who was a lunatic or who was so stupid under the ..... and under a special notice of what he would offer in evidence, offered to prove that the plaintiff was unfit to perform her part of the contract by reason of the use of opiates and by reason of her unsound mental condition. the court refused to receive the evidence, and the defendant excepted ..... net profits, in ascertaining which the rent paid by lyon for the house was to be excluded. either party was at liberty to terminate the contract by giving thirty days' notice in writing. the breach alleged was that the defendant ejected the plaintiff from the premises without having given the stipulated notice ..... 1. where a person agreed to serve in superintending a large hotel for another at a compensation specified, either party being at liberty to terminate the contract on thirty days' notice to the other, and the person agreeing to superintend was ejected by the other on less than thirty days' notice, held, .....

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1874

Sprott Vs. United States

Court : US Supreme Court

Decided on : Jan-01-1874

..... its successor or representative in the hands of its agents, but that they must take it subject to all the liens and conditions arising from the contract upon which the property was received by the agents. neither the united states, in the prosecution of these suits, nor the courts of england in ..... ground that the purchase of the cotton and the payment of the consideration necessarily tended to give aid to the rebellion, and that all such contracts were void as contrary to public policy. they stated that all such portions of the opinion as enforced that view had their concurrence, but that ..... destroying. when it was overthrown, it perished totally. it left no laws, no statutes, no decrees, no authority which can give support to any contract or any act done in its service or in aid of its purpose or which contributed to protract its existence. so far as the actual exercise ..... settled to admit of dispute. that any person owing allegiance to an organized government can make a contract by which, for the sake of gain, he contributes most substantially and knowingly to the vital necessities of a treasonable conspiracy against its existence, ..... the property so obtained. the proposition that there is in many cases a public policy which forbids courts of justice to allow any validity to contracts because of their tendency to affect injuriously the highest public interests and to undermine or destroy the safeguards of the social fabric is too well .....

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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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1874

Jennisons Vs. Leonard

Court : US Supreme Court

Decided on : Jan-01-1874

..... became due to him before the surrender and abandonment, and third, that there can be no doubt about the intention of the parties in making the contract, that the payments and the cutting should proceed in the ratio specified; or fourth, that when the payments ceased, it was intended, and is the ..... end to the equitable interest -- as notice, an agreement of the parties, a surrender, an abandonment -- places the vendor where he was before the contract was made. page 88 u. s. 310 no mode of terminating an equitable interest can be more perfect than a voluntary relinquishment by the vendee of all ..... interest they might be supposed to have had. it is urged that leonard took certain swamp lands in ottawa as collateral security for the performance of his contract by cole. if we suppose this to be true, we do not see that it is very important. the payments were large in amount ($27 ..... cut and had not been removed. looking at the circumstances that cole had refused to perform and had surrendered and assigned all his interest in the contract and the timber; that the jennisons had ceased their operations and had abandoned the land; that leonard had entered into possession of the land and ..... at the time of breach and entry by plaintiff." "that the plaintiff's entry, september 12, 1867, for breach, occasioned by nonpayment under the cole contract, being continued and tacitly acquiesced in by cole's assignees, restored to the plaintiff both possession and right of property in lands and timber, and that .....

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1874

Dillon Vs. Barnard

Court : US Supreme Court

Decided on : Jan-01-1874

..... case, as already intimated, is on his part one of simple disappointed expectation, against which misfortune equity furnishes no relief. the plaintiff made his contract with knowledge of the existing mortgage and of the declaration which it contains that it is to be the "first and only lien on the property ..... of the right of dominion over the funds, so that without his aid or consent, the contractor can enforce their application to his payment when his contract is completed. [ footnote 2 ] page 88 u. s. 440 in the case at bar, there is no circumstance impairing the dominion of the ..... their insertion in the instrument, and the obligations they imposed upon the corporation and the trustees, and the rights they conferred upon the plaintiff when his contract was approved, are not admitted by the demurrer. these are matters of legal inference, conclusions of law upon the construction of the indenture, and ..... namely, the acquisition of funds and the construction of the unbuilt portions of the road, and in order to induce other persons to enter into contracts for the construction and completion of the road, the agreement contained in the second or last abovementioned provision was made, and that such agreement was ..... a contractor, agreeing with the corporation to construct a portion of the road, and obtaining the assent of two of the trustees to his contract and subsequently doing the work, did not acquire any lien for the payment of his work under this covenant of the indenture upon the funds .....

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1874

Trist Vs. Child

Court : US Supreme Court

Decided on : Jan-01-1874

..... . brett, 4 brown's parliamentary cases 144; arundel v. trevillian, 1 chancery reports 47. [ footnote 19 ] debenham v. ox, 1 vesey 276; see also addison on contracts 91, 1 story's equity ch. 7; collins v. blantern, 1 smith's leading cases 676, american note. [ footnote 20 ] clippinger v. hepbaugh, 5 watts & sergeant ..... greatly lessened. the taint lies in the stipulation for pay. where that exists, it affects fatally, in all its parts, the entire body of the contract. in all such cases, potior conditio defendentis. where there is turpitude, the law will help neither party. the elder agent in this case is ..... pay a person for his aid and influence in procuring an office, and for not being a candidate himself; [ footnote 12 ] to pay for procuring a contract from the government; [ footnote 13 ] to pay for procuring signatures to a petition to the governor for a pardon; [ footnote 14 ] to sell land ..... offered or ever contemplated, page 88 u. s. 443 but the following letter, one in the correspondence put in evidence, was referred to as showing the effects of contracts such as the one in this case: " from child, jr., to trist" "house of representatives" "washington, d.c., feb. 20, 1871" "mr. ..... in any way with members of congress -- the passage of a bill providing for the payment of the claim), is void. 4. such a contract is distinguishable from one for purely professional services, within which category are included drafting a petition which sets forth the claim, attending to the taping of .....

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1874

Bailey Vs. Magwire

Court : US Supreme Court

Decided on : Jan-01-1874

..... legislature has a right to change it and adopt another. this no one will question unless the legislature has surrendered its power over the subject by contract, which, in our opinion, has not been done in this case. but, until the legislature appoints another mode for assessing and collecting the revenue due ..... the legislation, there is a reasonable doubt whether the contract is made out, this doubt must be solved in favor of the state. in other words, the language used must be of such a character as ..... , this court has always held that the legislature of a state, unrestrained by constitutional limitation, has full control over the subject, and can make a contract with a corporation to exempt its property from taxation either in perpetuity or for a limited period of time. if, however, on any fair construction of ..... was completed and for two years thereafter if it did not pay a dividend before the expiration of these two years. the inquiry is whether this contract goes further and exempts the road, after it has been completed for two years, from all other than state taxation, and whether the state is ..... and through any mode which the legislature of the state might see fit to prescribe. 2d. that the provisions of the said twelfth section constituted no contract in favor of the company as against the right of the state (after the time had elapsed during which the company was to be exempt from taxation .....

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1874

Piatt's Administrator Vs. United States

Court : US Supreme Court

Decided on : Jan-01-1874

..... involving the same subject matter, it is immaterial whether the new agreement be entirely oral or whether it refers to and partially or totally adopts the provisions of the written contract, provided the old agreement be rescinded and abandoned. [ footnote 2 ] " page 89 u. s. 507 sufficient appears in the very nature of the new arrangement to show that ..... of law: i. that the parol agreement entered into by piatt and mr. monroe, then secretary of war, after the forfeiture and abandonment of the original written contract, being a new contract upon a new consideration, was valid, and under such agreement, the government became indebted to piatt for the reasonable value of the rations furnished under it and for ..... $63,620.48, the same being for the transportation &c.;, furnished to indians and refugees, and not for army supplies. but the balance of his original claim under the parol contract for . . . . . . . . . . . $179,739.67 having been reduced by only. . . . . . . . . 48,230.77 ----------- his administrator now alleged that his estate was entitled to . . . . . . . . . . . $131,508.90 and for this sum ..... the treasury, having no knowledge or evidence of the parol agreement under which the rations were furnished, allowed and paid to him only the price designated in the original written contract, amounting in the aggregate to. . . . . 148,791.87 ----------- and leaving due a balance of. . . . . . . . . . . . . $179,739.67 page 89 u. s. 499 piatt performed, as he alleged, other .....

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