Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1874 Page 3 of about 62 results (0.057 seconds)

1874

Crosby Vs. Buchanan

Court : US Supreme Court

Decided on : Jan-01-1874

..... a delivery of the deed. the deed had been drawn with great care, as the scrivener testifies, because the transaction was important. if the contract had been fully consummated in good faith at its date, there can scarcely be a doubt that the deed would have been at once perfected and ..... said papers under his control, and this having been the case, it seems extraordinary to him that the complainants should gravely charge him with improperly concealing contracts and papers which they must have known were never in his possession." on the 17th of april, 1844, findlay filed his cross-bill against vint ..... their extreme youth at the time the transactions occurred and other circumstances likely to prevent their becoming acquainted with the facts, they set forth the foregoing contract and receipt, which had then recently been discovered in their search after the truth of the case. they page 90 u. s. 434 then charged ..... and especially when there was any intricacy in the transaction." another said: "i never saw him at any time in a condition when he could contract or trade to any advantage to himself or his family." additional witnesses confirmed this account of him, one saying: "i never saw him after the ..... court of conscience, deliberate concealment is equivalent to deliberate falsehood. when a living man speaks in such a court to enforce a dead man's contract with himself against parties who he knows are ignorant of the facts, he must be frank in his statements unless he is willing to take the .....

Tag this Judgment!

1874

United States Vs. Shrewsbury

Court : US Supreme Court

Decided on : Jan-01-1874

..... military men acting under such circumstances. we think the reports were sufficient, and that they conform in every substantial particular to the requirements of the contract. it does not appear that the contractor objected either as to form or substance when the reports were made, nor that he disclosed any ..... parties showing the amount allowed and deducted, entitled: "an account for the transportation of military stores from fort leavenworth, kansas, to fort riley, kansas, under contract with the united states dated march 27th, 1865, as per the accompanying bills of lading, receipts, and proceedings of boards of survey, to-wit." the ..... fort lyon and other forts in the territories of colorado and new mexico. the contract contained a clause thus: "in all cases where stores have been transported by the said shrewsbury, under this agreement, a board of survey shall be ..... and full damages. the case found by the court of claims was thus: on the 27th of march, 1865, w. s. shrewsbury entered into a contract with the united states to transport army page 90 u. s. 509 stores from fort leavenworth, kansas, and other forts there and in missouri, to ..... wall. 508 508 (1874) united states v. shrewsbury 90 u.s. (23 wall.) 508 appeal from the court of claims syllabus where, under a contract entered into between the government and a transporter of military stores in the wilds of the west, it was provided that a board of survey composed of .....

Tag this Judgment!

1874

Equitable Insurance Company Vs. Hearne

Court : US Supreme Court

Decided on : Jan-01-1874

..... fully sustain the proposition laid down. we are not aware that their authority has been questioned. they show the just liberality of construction which obtains where contracts of insurance are involved. in this controversy, the clear terms of the preliminary agreement warranted the court below in overruling the departure from it found ..... other. what is implied is as effectual as what is expressed. the intent of the parties, as page 87 u. s. 497 manifested, is the contract. upon any other construction the important language as to "the port of loading" would be insensible and without effect. no other interpretation, we think, can ..... between the parties constituted a preliminary agreement. such clearly was page 87 u. s. 496 its effect. the policy was intended to put the contract in a more full and formal shape. the assured was bound to read the letters of the company in reply to his own with care. ..... company. that case is referred to for the particulars. hearne having been defeated in his action at law, filed this bill for the reformation of the contract, as stated in the policy. the circuit court decreed in his favor. the company brought the case here for review. mr. justice swayne, having stated ..... the charter valued at $16,000, at and from liverpool to cuba, and to europe via a market port, for orders where to discharge." the contract, as expressed in the policy, was for "four thousand dollars on charter of bark maria henry, at and from liverpool to port of discharge in cuba .....

Tag this Judgment!

1874

Fox Vs. Gardner

Court : US Supreme Court

Decided on : Jan-01-1874

..... looks with no particular favor on this class of sufferers. in the present case, however, there seems to be no such difficulty. the acceptances were a part of an illegal contract, and no action will lie upon them in favor of those making claim to them. they are guilty parties to the transaction and can maintain no action to enforce it ..... pleaded as a discharge of the debt in the nature of payment. it is page 88 u. s. 480 not, however, payment in fact, and is binding only when the contract is fair and honest and binding upon the first creditor. the right of an insolvent person before proceedings are commenced against him to pay a just debt, honestly to sell ..... . by the terms of the contract with young, fox & howard were to pay him, on the 15th of december, 1870, a certain sum per cubic yard of earth excavated, payments to be made as follows: "to ..... giving a preference, the transaction is a fraud on the bankrupt act, and the assignee in bankruptcy can recover from the acceptor the amount of the draft. fox & howard had contracted with a railroad company to page 88 u. s. 476 make its railroad, and on the 4th of october, 1870, employed one n. young as a contractor (excavator) under them .....

Tag this Judgment!

1874

Tucker Vs. Ferguson

Court : US Supreme Court

Decided on : Jan-01-1874

..... twenty-fifth section of the judiciary act of 1789, to this court. here it was insisted that the act of 1833 was a contract in perpetuity, and the contract clause of the constitution of the united states was invoked for its protection. this court unanimously affirmed the judgment of the supreme court ..... 1871, exempting the lands specified from local taxation until three years from the 1st of april, 1871, which period has not elapsed, was not a contract. there was no consideration. the company was required to do nothing, and did nothing in return. as between individuals, the stipulation would belong to the ..... to taxation by the state." "that the state, as trustee, has still an interest in the lands inconsistent with taxation." "that there was a contract between the state and the company that the lands should be applied exclusively and without diminution of value to the construction of the road, and that ..... legislature exempting property of a railroad from taxation is not a "contract" to exempt it unless there be a consideration for the act. an agreement where there is no consideration is a nude pact; the promise of ..... holding for sale, even though the chief purpose of the sale was to pay the mortgage debt, a heavy one and one which had been contracted for the exclusive purpose of building the road. and that these lands might be taxed notwithstanding the abovementioned agreement. 3. an act of the .....

Tag this Judgment!

1874

Bailey Vs. Railroad Company

Court : US Supreme Court

Decided on : Jan-01-1874

..... company assessed in this case may be enforced against the new corporation and their property to the same extent as if such liabilities had been incurred or contracted by such new company. 4. nor is there any merit in the fourth objection to the assessment, as the complaint is the same in principle ..... owner or owners of the capital stock, and the court is of the opinion that the vote of the company issuing these certificates is a valid contract of the company with the holders of the certificates that the same shall be paid, at some convenient period, out of the future earnings of the ..... such new corporation and became enforceable against the same and their property to the same extent as if such debts or liabilities had been incurred or contracted by such new corporation. attempt is made in argument to question the soundness of that proposition as applied to the case before the court, and ..... attach to such new corporation and be enforced against it and its property to the same extent as if such debts or liabilities had been incurred or contracted by such new company. [ footnote 4 ] apply that rule to the case and it follows that by virtue of that provision, the new company formed ..... attach to such new corporation and be enforced against it and its property to the same extent as if said debts or liabilities had been incurred or contracted by it." on the 26th of february, 1870, fourteen months after the certificates were authorized and nearly four months after the consolidation of the new .....

Tag this Judgment!

1874

Tilden Vs. Blair

Court : US Supreme Court

Decided on : Jan-01-1874

..... be verbal or written. if they stipulate for a higher rate, they forfeit the interest, but the statute expressly allows the recovery of the principal. the contract is not declared to be void. only so much of it is void as exacts the excessive interest. and by a legislative act passed february 12, a ..... in chicago, when by their authority the drawer negotiated it and thus caused effect to be given to their undertaking. nor is the law of the contract changed by the fact that the acceptance was made payable in new york. the place of payment was doubtless designated for the convenience of the acceptors ..... given, was thus constituted the agent of the acceptors to give effect to their action. while the draft remained in his hands, it was no binding contract. he had no rights as against the defendants, but he was empowered to negotiate the draft, and thereby to initiate a liability not only of himself, ..... plaintiff, not taking any writ or assigning any error. page 88 u. s. 246 mr. justice strong delivered the opinion of the court. that the contract upon which the suit was brought was made in illinois must be considered as established by the findings of the circuit court. it is true the defendants ..... costs. the defendants excepted to the first, second, and fourth of these conclusions of law and to so much of the third as found that the contract, except as to interest reserved, was valid and was binding on the defendants as to the principal. the plaintiff excepted to the fourth conclusion so far .....

Tag this Judgment!

1874

Railroad Company Vs. Smith

Court : US Supreme Court

Decided on : Jan-01-1874

..... agent of the contractors under whose supervision both the pier and the bridge were constructed. his knowledge in this particular was their knowledge. the contract called for the construction of a bridge upon which the cars of the company could cross, and implied that the bridge should be serviceable for ..... 88 u. s. 261 arising from the imperfect character of the structure, which would have been avoided had the structure been made pursuant to the contract and for which the defendant might have instituted a separate action against the contractors, were provable against their demand in the present action. the law ..... the money for its construction to be paid on its completion in accordance with the specifications. the present action was brought against the company upon this contract, and was in form to recover damages for its breach, but in fact to recover the money stipulated for the page 88 u. s. ..... in the pier, and his knowledge in this particular is the knowledge of the contractors. in november, 1866, smith and another entered into a contract with the florida railroad company to construct for that company a swinging drawbridge at the crossing of its road over amelia river in florida in ..... a swinging drawbridge over a river in florida in accordance with a submitted plan and tracings, for a stipulated price. in an action upon the contract for the price stipulated, the company set up part payment and alleged defective construction of the bridge and delays and expenses incident thereto, and .....

Tag this Judgment!

1874

Express Company Vs. Caldwell

Court : US Supreme Court

Decided on : Jan-01-1874

..... notice of the loss to the carrier. the court, after remarking that a carrier cannot avoid his responsibility by any mere general notice, nor contract for exemption from liability for his negligence or that of his servants, added that he could not be allowed to make a statute of ..... thereafter. possibly such a condition might be regarded as unreasonable, if an insufficient time were allowed for the shipper to learn whether the carrier's contract had been performed. but that cannot be claimed here. the parcel was received at jackson, tennessee, for delivery at new orleans. the transit required ..... the modern authorities concur in holding that, to a certain extent, the extreme liability exacted by the common law originally may be limited be express contract. the difficulty is in determining to what extent, and here the authorities differ. certainly it ought not to be admitted that a common carrier ..... not in conflict with sound legal policy. the contract of a common carrier ordinarily is an assumption by him of the exact duty which the law affixes to the relation into which he enters ..... notwithstanding the reluctance with which modifications of that responsibility, imposed upon them by public policy, have been allowed, it is undoubtedly true that special contracts with their employers limiting their liability are recognized as valid if in the judgment of the courts they are just and reasonable -- if they are .....

Tag this Judgment!

1874

Gavinzel Vs. Crump

Court : US Supreme Court

Decided on : Jan-01-1874

..... the confederacy. besides this case from virginia, decided in 1803, there are recent decisions in that state and maryland which page 89 u. s. 322 uphold contracts of hazard similar in many respects to the one in this case. [ footnote 3 ] decree reversed and the cause remanded to that court with instructions ..... ? 2500 in specie in 1790. griffin brought his bill in chancery for relief against brachan, the assignee. fleming, j., denying the relief, said: "the contract in this case was founded upon speculation on both sides. griffin thought the present use of the money would be advantageous to him; and willis that it would ..... chose to avail himself of it, of paying back the loan in the currency in which he received it. the inducements to crump to enter into the contract were the present use of the money and exemption from interest, with favorable terms of repayment. besides this, there was page 89 u. s. 321 ..... the money. but the last defense, as we have seen, is not sustained, and in regard to the first, this court has held substantially that contracts based on confederate currency will be enforced when made in the usual course of business between persons resident in the insurgent states, and not made in ..... states;" that those notes were issued to sustain a rebellion against the united states, and illegal. 2d. that it was part and parcel of the contract between the parties at the time of the loan and the execution of the bond that the obligor should be at liberty at any time during the .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //