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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1874 Page 5 of about 62 results (0.149 seconds)

1874

Haycraft Vs. United States

Court : US Supreme Court

Decided on : Jan-01-1874

..... claim is that, the trust in favor of the owner having then been created, the remedy for its enforcement in the court of claims as a contract page 89 u. s. 93 was restored to the disloyal owner by the operation of the president's proclamation of december 25th, 1868, granting unconditional ..... two years after the suppression of the rebellion. but inasmuch as the united states has consented to be sued in the court of claims upon contracts, express or implied, it is contended that this action may be prosecuted on account of an implied promise by the united states to pay to ..... of its seizure as aforesaid, reasonably worth $27,000, being the amount of the net proceeds of the sale thereof, which amount under the implied contract aforesaid, the claimant alleged himself entitled to receive from the united states. the united states demurred, and the court of claims dismissed the petition, placing ..... united states government and appropriated by it, and the money arising from the sale of said property being now held by the government, an implied contract has arisen on its behalf to make petitioner just compensation therefor according to what it was reasonably and fairly worth at the time and place ..... , [ footnote 1 ] relating to the court of claims, it was enacted that: "the said court shall have and determine all claims founded upon . . . any contract, express or implied, with the government of the united states. " page 89 u. s. 82 it was further enacted: "section 10. that every claim against the .....

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1874

insurance Company Vs. Young's Administrator

Court : US Supreme Court

Decided on : Jan-01-1874

..... wholly beyond the sphere of judicial authority. as the applicant was never bound, the company was never bound. the policy was therefore no more a contract than the receipt. both had the same fatal defect, the want of the assent of one of the parties. even where the parties supposed they had ..... at his option to give or refuse his assent. he was certainly in nowise bound until such assent was given. until then, there could be no contract on his part, and if there was none on his part, there could be none on the part of the company. the obligation in such cases ..... premium is paid on or before the day it becomes due the policy is forfeited and void. agents are not authorized to make, alter, or discharge contracts or waive forfeitures. payments of premiums to agents are not valid unless receipts be given signed by the president, secretary, cashier, or actuary. page 90 u ..... the said mcpherson young made application to the said homans, general agent as aforesaid, for an insurance of $5,000 on his life, and thereupon entered into a contract with homans, as such general agent, in these words: "the mutual life insurance company of new york." "received, san francisco, june 5th, 1867, from mcpherson ..... paid on or before the day, they became due, the policy was forfeited and void; that agents were not authorized to make, alter, or discharge contracts, or waive forfeitures; that payments of premiums to agents were not valid unless receipts were given, signed in new york by the officers of the company, .....

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1874

The Andromeda

Court : US Supreme Court

Decided on : Jan-01-1874

..... to suffer her earnings to accumulate and remain in the hands of her master. the witness, as master, sailed the page 69 u. s. 485 schooner for alleyn upon a contract, by which the witness was to have entire control and direction of the vessel; pay her entire expenses; engage her in the most profitable trade possible, and receive one-half ..... of her earnings as a compensation -- a common rate of contract and compensation for masters sailing vessels of her class. under this contract, he sailed from new orleans with a cargo to matamoras, in mexico; remained there about a month; discharged her cargo; and there being no .....

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1874

The Lady Pike

Court : US Supreme Court

Decided on : Jan-01-1874

..... negligence or inattention, cannot be regarded as being the result of natural causes nor as falling within the exception contained in the bill of lading or contract of shipment. different definitions are given of what is called inevitable accident on account of the different circumstances attending the disaster, but there is no decided ..... behalf and for his negligence and bad seamanship. in the absence of any special agreement to the contrary or exception in the bill of lading or contract of shipment, his duty extends to all that relates to the loading as well as the safekeeping, due transportation, and right delivery of the goods,\ ..... the shipper, or by some other cause or accident, without any fault or negligence on their part, as expressly excepted in the bill of lading or contract of shipment. standard authorities show that the first duty of the carrier, and one that is implied by law, is to provide a seaworthy vessel, ..... was a total loss. process was served, and the claimants appeared and filed an answer in which they admit the shipment of the wheat and the contract of the master to transport and deliver the same, as alleged in the libel, but they allege that the sinking of the barge and the ..... when stowed in the barge and delivered to the master, was in good order and condition and that the master, when he received the wheat, contracted with the shipper to transport and deliver the same in like good order and condition to the consignees at the port of destination as when received at .....

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1874

Decatur Bank Vs. St. Louis Bank

Court : US Supreme Court

Decided on : Jan-01-1874

..... judgment. it is true, the judge of the circuit court instructed the jury that the letter of september 21, which leaves out the terms "on shipments of cattle," constituted the contract of guarantee between the plaintiff and defendant, but the result would have been the same if he had charged the jury, as we are of the opinion that he should ..... it be, is sufficient to defeat the action if the condition of the guarantee was not observed, and this fact renders necessary a construction of the instrument. like all other contracts, it must receive the construction which is most probable and natural under the circumstances, so as to attain the object which the parties to it had in contemplation in making ..... said counts mentioned and described; and this the defendant prays may be inquired of by the country &c.;" but this plea was apparently abandoned. the court below charged "that the contract of guarantee was contained in the letter of j. h. livingston, dated september page 88 u. s. 297 21st, 1869, and the extension thereof, and that the defendant would be .....

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1874

Erie Railway Company Vs. Pennsylvania

Court : US Supreme Court

Decided on : Jan-01-1874

..... obligation of the state not to impose such a tax upon the erie company. it has been held many times in this court that a state may make a valid contract that a corporation or its property within its territory shall be exempt from taxation, or shall be subject to a limited and specified taxation. [ footnote 4 ] the court has, however .....

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1874

Burnhisel Vs. Firman

Court : US Supreme Court

Decided on : Jan-01-1874

..... them, were, aside from the objection arising under the bankrupt law, unquestionably valid securities. [ footnote 3 ] in pennsylvania, where there is a statute making usury penal, but not declaring the contract void, a usurious bond and mortgage may be enforced for the amount actually due. [ footnote 4 ] ii. in order to bring a security for a debt within the provision of .....

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1874

French Vs. Hay

Court : US Supreme Court

Decided on : Jan-01-1874

..... claim to the judgments until 1868, when he filed this bill. now while it is true that in equity time is generally not considered as of the essence of a contract, it is only true when compensation can be made for its lapse, and the rule is inapplicable in case of an offer that requires acceptance to make a ..... contract. in may, 1861, the complainant having given no indication of acceptance, and having, so far as it appears, asserted no claim to the judgments, abandoned his home, and did not .....

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1874

Taylor Vs. Thomas

Court : US Supreme Court

Decided on : Jan-01-1874

..... , [ footnote 7 ] in which the opinion was given by mr. justice field. "order," said the court in that case, "was to be preserved, police regulations maintained, crime prosecuted, property protected, contracts enforced, marriages celebrated, estates settled, and the transfer and descent of property regulated precisely as in times of peace. no one that we are aware of," said the court, "seriously ..... of the tax; he, taylor, contending that the agreement of the state made in the act authorizing their issue, to receive the cotton bills in payment of taxes, was a "contract" which the state had no power by its subsequent act of 1865 to impair. the supreme court of the state, where the case finally came, adjudged the notes to be .....

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1874

Clark Vs. Iowa City

Court : US Supreme Court

Decided on : Jan-01-1874

..... answer, therefore, the question certified to us, that the statute of iowa which extends the same limitation to page 87 u. s. 590 actions on all written contracts, sealed or unsealed, began to run against the coupons in suit from their respective maturities, and accordingly affirm the judgment. [ footnote 1 ] 76 u. s ..... butler arose in kentucky, where the statute prescribes fifteen years as the limitation for actions on bonds and only five years for actions on simple contracts. the action was upon coupons of certain bonds issued by the city, and the city pleaded the statute of limitations of five years, but ..... until the lapse of twenty years, whilst actions upon simply contracts are barred in six years. the action was brought upon the coupons when more than six years but less than twenty years had elapsed after ..... the coupons so far partook of the nature of the bonds that as the latter were specialties so were they specialties also, and not mere simple contracts. [ footnote 3 ] the first case, that of city of kenosha v. lamson, arose in wisconsin, where actions upon sealed instruments are not barred ..... by purchase they came to the possession of the plaintiff. the statute of iowa prescribes the limitation of ten years to actions on all written contracts, whether under seal or otherwise. the simple question, therefore, presented for our determination is whether the statute is a bar to an action upon .....

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