Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1874 Page 4 of about 62 results (0.115 seconds)

1874

Stephen Vs. Beall

Court : US Supreme Court

Decided on : Jan-01-1874

..... declare such to be her intention; whether an oral statement of such intention is sufficient, or whether it must be in writing; whether such intention must be manifested in the contract itself or may be separately manifested; whether a declaration of an intention to bind her separate property is sufficient, or whether the property intended to be charged must be specifically ..... doctrine that a married woman has the power to charge her separate estate with the payment of her husband's page 89 u. s. 338 debts, or any other debt contracted by her as principal or as surety, has been uniformly sustained for a long period of time. [ footnote 10 ] the question has been in respect to the manner in which ..... an agreement to sell the lands of the wife upon a bill for specific performance the interest of the husband was adjudged to be bound, but the execution of a contract simply was held to be inoperative to convey the estate of or to bind the married woman under the statutes of maryland. nor is central bank of frederick v. copeland .....

Tag this Judgment!

1874

insurance Company Vs. Colt

Court : US Supreme Court

Decided on : Jan-01-1874

..... title of the assured. [ footnote 4 ] in lightbody v. north american insurance company, [ footnote 5 ] the agent of the plaintiff made a contract of insurance of certain buildings with the agent of the defendant on the 30th of march, and paid the required premium. on the following morning, the ..... . the assured then brought trover for the policy, and mr. justice washington, presiding in the circuit court, sustained the action, holding that the contract was perfected when the policy was executed, and, of course, that the possession of the instrument by the company, after giving notice of its ..... the payment of the premium was an indulgence which the agents were authorized by general usage to give. its allowance did not impair the preliminary contract; that, being valid, could have been enforced in a court of equity against the company; and having been enforced by the procurement of ..... to have delivered its policy properly attested. the requirement of the charter in this case has reference, in our judgment, only to executed contracts or policies of insurance by which the company is legally bound to indemnify against loss, and not to those initial or preliminary arrangements which ..... and attested by the secretary or other officer appointed for that purpose, held that this requirement of the charter had reference only to executed contracts or policies of insurance, and not to the initial or preliminary arrangements for insurance which precede the execution of the formal instrument by the .....

Tag this Judgment!

1874

Garrison Vs. City of New York

Court : US Supreme Court

Decided on : Jan-01-1874

..... the result of a proceeding, not founded upon an agreement express or implied, but upon a transaction wanting the assent of the parties, into a contract within the meaning of the clause of the federal constitution which forbids any legislation impairing its obligation. the purpose of the constitutional prohibition was the maintenance ..... the ground that the act of february 27, 1871, was repugnant to the constitution of the united states in that it impaired the obligation of a contract, and to the constitution of the state, in that it undertook to divest a vested right contrary to the law of the land and without due ..... general term [ footnote 3 ] by another party to whom an award had also been made, the act was declared not to impair the obligation of contracts nor to deprive any person of property without due process of law, and to be constitutional. on further appeal to the court of appeals, that court ..... nothing in the nature of a contract between the owner and the state, or the corporation which the state, in virtue of her right of eminent domain, authorizes to take the property, ..... refer the matter back to new commissioners to amend or correct the report or to make a new assessment is not unconstitutional as impairing the obligation of contracts or depriving a person of a vested right without due process of law. 2. in the proceeding to condemn property for public use, there is .....

Tag this Judgment!

1874

Little Vs. Alexander

Court : US Supreme Court

Decided on : Jan-01-1874

..... the state convention of north carolina of march 14, 1868, which it is not necessary to give in detail, it was provided in effect that as to debts which were contracted prior to may 1, 1865, judgments could not be rendered before the spring terms of the courts in 1869, and if there was opposition or defense, they should be continued ..... to show such intent should be considered. 2. hence, when an ordinance of a state gave a preference as to time of trial in the courts in suits on debts contracted after a certain date, and the insolvent debtor gave his son and niece new notes for an old debt, so as to enable them to procure judgments before his other .....

Tag this Judgment!

1874

Edwards Vs. Elliott

Court : US Supreme Court

Decided on : Jan-01-1874

..... . neither shipbuilders nor furnishers of materials for shipbuilding had any lien at that date under the state law, but the court unanimously decided that the admiralty jurisdiction was limited to contracts, claims, and services which were purely maritime, and to such as had respect to rights and duties appertaining to commerce and navigation. applying that rule to the case then under ..... those services, had by the civil law a privilege or right of payment, in preference to other creditors, upon the ship itself, without any instrument of hypothecation, or any express contract or agreement subjecting the ship to any such claim, and that privilege still exists in all those countries which have adopted the civil law as the basis of their jurisprudence ..... law, in such a case, against the vessel for which the materials had been contracted. when the proceedings were commenced the schooner was only partially constructed and was resting on her original stocks, having never been launched into the water. she was without a name ..... by that court adversely to the defense set up by the defendants in the court of appellate jurisdiction. [ footnote 7 ] materials were furnished by the plaintiffs to the persons who contracted to build the schooner, during the progress of the work. payment for the materials being refused, they instituted the described proceedings to enforce the lien given them by the state .....

Tag this Judgment!

1874

Jeffries Vs. Life Insurance Company

Court : US Supreme Court

Decided on : Jan-01-1874

..... liability that the statements and declarations made in the application are true, and when the truth of such statements forms the basis of the contract. the counsel for the insured insists that policies of insurance are hedged about with so many qualifications and conditions, that questions are propounded with ..... were false. f. signed the proposal and a declaration accompanying, by which he agreed "that the particulars above mentioned should form the basis of the contract." the policy mentioned several things, which were warranted by f., among which these two answers were not included. the policy also contained this proviso: ..... plea averred: "that the policy was issued and accepted, on the following express conditions and agreements contained in it and made part of the contract of insurance, to-wit, that the statements and declaration made in the application for the policy, and on the faith of page 89 u. ..... is issued by the company, and accepted by the insured and the holder thereof, on the following express conditions and agreements, which are part of this contract of insurance: " "1st. that the statements and declarations made in the application for this policy, and on the faith of which it is issued, ..... : "this policy is issued by the company and accepted by the assured on the following express conditions and agreements, which are a part of the contract of insurance: " " first. that the statements and declaration made in the application for said policy, and on the faith of which it is .....

Tag this Judgment!

1874

Ritchie Vs. FranklIn County

Court : US Supreme Court

Decided on : Jan-01-1874

..... passed an act to authorize county courts to issue bonds for the purpose of paying for the building of bridges and macadamized roads which had been contracted for and built. this act refers to past transactions, and two days after its passage, a new road law was passed couched in such language ..... c.; but said bonds shall not . . . bear interest at a higher rate than ten percent for the purpose of paying for the work done and contracted for in their respective counties." "section 2. said bonds may be made transferable in such manner as the county court may direct, and the courts shall ..... march, 1868, passed a new act to authorize county courts to issue bonds for the purpose of paying for the building of bridges and macadamized roads heretofore contracted for and built. this act thus enacted: "section 1. in all cases where county courts have heretofore laid out, surveyed, and commenced the building, ..... bonds for the purpose of paying for the building of bridges and macadamized roads theretofore contracted to be built is valid under the constitution of the state whether the act be considered as an original act or as one merely curative. ..... authority to borrow money for the purpose named without such approval, the legislature can confer on counties the power to borrow money to pay debts already contracted for this purpose without such consent. 3. the act of the legislature of missouri of march 21, 1868, to authorize county courts to issue .....

Tag this Judgment!

1874

Randall Vs. Kreiger

Court : US Supreme Court

Decided on : Jan-01-1874

..... regarded as of that character. consent to remedy the wrong is to be presumed. the only right taken away is the right dishonestly to repudiate an honest contract or conveyance to the injury of the other party. even where no remedy could be had in the courts the vested right is usually unattended with the slightest ..... , ex assensu patris, and that which in the absence of the others the law prescribed. the two former page 90 u. s. 148 were founded in contract. the latter was the creature of the law. dower ad ostium ecclesiae and ex assensu patris were abolished in england by a statute of the 3d and 4th ..... writer has said it is the basis of the entire fabric of all civilized society. [ footnote 5 ] by the common law, where there was no antenuptial contract, certain incidents belonged to the relation. among them were the estate of tenant by the courtesy on the part of the husband if issue was born alive and ..... the law, it is still as binding as if the parties were as they were when the marriage was entered into. perhaps the only element of a contract, in the ordinary acceptation of the term, that exists is that the consent of the parties is necessary to create the relation. it is the most important ..... functions, nor from passing an act which divests rights vested by law, provided its effect be not to impair the obligation of a contract. contracts are not impaired but confirmed by curative statutes. [ footnote 4 ] marriage is an institution founded upon mutual consent. that consent is a .....

Tag this Judgment!

1874

New Orleans Vs. the Steamship Company

Court : US Supreme Court

Decided on : Jan-01-1874

..... their captured soldiers were not shot as rebels, but were exchanged as prisoners of war. all intercourse between the citizens of the contending states was illegal, contracts were dissolved or suspended, their property within our states was confiscated to the public use. in short, we were at war with them. it is ..... the use so long as he holds them. the fruits, rents, and profits are therefore his, and he may lawfully claim and receive them. any contracts or agreements, however, which he may make with individuals farming out such property will continue only so long as he retains control of them, and will ..... the jus post liminium and the law of nuisance have no application to the case. we do not intend to impugn the general principle that the contracts of the conqueror touching things in conquered territory lose their efficacy when his dominion ceases. we decide the case upon its own peculiar circumstances, which ..... the lasting and valuable improvements made by the company, nor is there any complaint that the company has failed in any particular to fulfill their contract. we think the lease was a fair and reasonable exercise of the power vested in the military mayor and the two boards, and that the ..... was valid, and that they were clothed with the powers and duties which pertained to their respective positions. it can hardly be doubted that to contract for the use of a portion of the waterfront of the city during the continuance of the military possession of the united states was within .....

Tag this Judgment!

1874

United States Vs. Gill

Court : US Supreme Court

Decided on : Jan-01-1874

..... , 87 u.s. 20 wall. 517 517 (1874) united states v. gill 87 u.s. (20 wall.) 517 appeal from the court of claims syllabus 1. when, without any express contract founded on advertisement or on military exigency, subsistence stores have been received into custody by army officers in frontier parts of the country, and subsequently, the use of them becoming ..... winter, at the time it was used, $45 a ton. upon the foregoing case the court of claims decided, as a conclusion of law: that there being no valid express contract founded upon advertisement or military exigency for the sale and purchase of the hay, the government was not liable for the entire quantity sold in november, 1864, at $38.50 .....

Tag this Judgment!


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