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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1876 Page 1 of about 53 results (0.098 seconds)

1876

Connecticut Mutual Life Insurance Company Vs. Schaefer

Court : US Supreme Court

Decided on : Jan-01-1876

..... says: "upon considering this case, it is certain that lord ellenborough decided it upon the assumption that a life policy was in its nature a mere contract of indemnity, as policies on marine risks, and against fire, undoubtedly are, and that the action was, in point of law, founded on the supposed damnification, ..... the previous case of goodsall v. boldero, 9 east 72, decided by lord ellenborough, in which, proceeding upon the idea that life insurance is a mere contract of indemnity, it was held that the interest must continue until death, and even until the bringing of the action. baron parke, in commenting upon this case, very ..... mansfield in hamilton v. mendes, 2 burr. 1270, that the plaintiff's demand was for an indemnity only. lord mansfield was speaking of a policy against marine risks, which is, in its terms, a contract for indemnity only. but that is not the nature of what is termed an assurance for life; it really ..... has been the subject of much discussion. in marine and fire insurance, the difficulty is not so great, because there insurance is considered as strictly an indemnity. but in life insurance, the loss can seldom be measured by pecuniary values. still an interest of some sort in the insured life must exist. ..... is what it is on the face of it -- a contract to pay a certain sum in the event of death. it is .....

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1876

Garfielde Vs. United States

Court : US Supreme Court

Decided on : Jan-01-1876

..... service, or whenever the public interests, in his judgment, shall require such discontinuance or curtailment for any other cause; he allowing, as a full indemnity to the contractor, one month's extra pay on the amount of service dispensed with, and a pro rata compensation for the amount of service ..... the regular bid be the lowest offered for the advertised service, the other proposition may be considered." "sec. 275. the law provides that contracts for the transportation of the mail shall be awarded to the lowest bidder tendering sufficient guaranties for faithful performance, without other reference to the mode ..... "sec. 263. the postmaster general may order an increase or extension of service on a route, by allowing therefor a pro rata increase on the contract pay. he may change schedules of departures and arrivals in all cases, and particularly to make them conform to connections with railroads, without increase of pay ..... required it, and that for such discontinuance one month's pay was to be deemed a full indemnity to the contractor. there was reserved to the postmaster general the power to annul the contract when his judgment advised that it should be done, and the compensation to the contractor was ..... specified. an indemnity agreed upon as the amount to be page 93 u. s. 247 paid for cancelling a contract, must, we think, afford the measure of damages for illegally refusing to award it. judgment .....

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1876

Muller Vs. Dows

Court : US Supreme Court

Decided on : Jan-01-1876

..... by the chicago, rock island & pacific railroad company of its right to foreclose the mortgage. 6. a surety who holds several securities by way of indemnity may resort to either of them for payment. the facts are stated in the opinion of the court. page 94 u. s. 445 mr. justice ..... had no right to control the location of the branch road, or the cost of its construction. it was not its duty to supervise the contracts or direct the alignment. such action would have been outside of its corporate power. if some persons who were its officers undertook to control the expenditure ..... at least the interest, of the atchinson branch bonds. the answer to this is what we have heretofore said. there was no lease, nor any contract which bound the rock island company to take a lease, much less to pay a rental sufficient to guarantee the principal or interest of the atchinson branch ..... a meeting of the executive committee of the rock island company, messrs. scott and riddle were appointed a subcommittee "to agree upon the basis of a contract for a running arrangement between the company and the southwestern, with directions to report to the general committee when an arrangement should be agreed upon." on ..... might be agreed upon. manifestly, this was for an additional security to the guarantors of the bonds, and not for a substituted security. and the contract of july 27, 1871, made between the rock island company and the southwestern, merely provided that, with regard to the lease of the branch railroad .....

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1876

The Atlas

Court : US Supreme Court

Decided on : Jan-01-1876

..... . may on ins. 555. compensation by the wrongdoer after payment by the insurers is not double compensation for the plain reason that insurance is an indemnity, and it is clear that the wrongdoers page 93 u. s. 311 are first liable, and that the insurers, if they pay first, are entitled to be subrogated to the ..... can recover compensation twice in respect of the same injury, but what the plaintiff recovers under his policy of insurance is not compensation for damages, but a payment under a contract independent of the claim against the wrongdoer, and the better opinion is that the principle which excludes double compensation does not strictly apply to obligations not in the same right ..... which the libellant has received from an underwriter on account of the same injury, the rule being, that a wrongdoer in such a case cannot claim the benefit of the contract of insurance if effected by the person whose property he has injured. maude & p. on ship. (3d ed.) 465; flanders on ins. 591. instead of that, the law is well .....

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1876

Utley Vs. Donaldson

Court : US Supreme Court

Decided on : Jan-01-1876

..... "new york, july 12, 1871" "to donaldson & fraley, st. louis:" "the central pacifics bought of you in may are declared counterfeit. we shall look to you for indemnity." "utley, dougherty, & scott" 13. on the same day, july 12, 1871, plaintiffs wrote and mailed to defendants a letter, as follows: "new york, july 12, ..... made intentionally and with knowledge of the circumstances." darnley v. the proprietors, supra; howard v. carpenter, 2 md. 259. when one party assents to a contract, relying upon the representations of the other, his assent is given upon the condition that the representations are true. duncan v. hoge, 24 miss. 671. ..... should take the bonds, if they took them at all. this result leaves the rights of the parties as they were under the original contract, and entitles the plaintiffs to recover. but conceding for the purposes of this opinion that the letter did contain such a proposition or annunciation ..... of the case renders it unnecessary to consider either of these points. the first sentence of the letter relied upon by the defendants recognizes distinctly the contract as made by the dispatches. the defendants say: "in accordance with your offer for 15 central pac. first mort. bonds, 102 1/2 ..... take any step whatever in this direction. it cannot be questioned that the dispatches between the parties on the 25th of may constituted a complete contract of sale, upon the condition or with an implied warranty, which it is not material here to consider, that the bonds were genuine. .....

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1876

West WisconsIn Ry. Co. Vs. Board of Supervisors

Court : US Supreme Court

Decided on : Jan-01-1876

..... these acts -- the lands of the company having been mortgaged pursuant to the first, and the road having been completed within the time limited by the second -- created a contract within the contract clause of the constitution of the united states, and that therefore the two acts of 1870 abrogating the exemptions were void. in the argument here, a large share of ..... trust created for the good of all." we hold here, as we held there, that the exemptions in question were gratuities offered by the state, without any element of a contract. there was no assurance or intimation page 93 u. s. 598 that they were intended to be irrevocable, or that the laws in question should not be at all times ..... , that an act of the legislature of a state exempting property of a railroad company from taxation is not, when a mere gratuity on the part of the state, a contract to continue such exemption, but is always subject to modification and repeal in like manner as other legislation, reaffirmed and applied to this case. mr. justice swayne delivered the opinion ..... . it is intended to promote the general welfare. it reaches the interests of every member of the community. it may be restrained by contract in special cases for the public good, where such contracts are not forbidden. but the contract must be shown to exist. there is no presumption in its favor. every reasonable doubt should be resolved against it. where it exists .....

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1876

Atlantic Delaine Company Vs. James

Court : US Supreme Court

Decided on : Jan-01-1876

..... cost of the real estate and of the cassimere page 94 u. s. 212 department, together with the amount paid general james on his contract for completing the mill. the statement undertook to give nothing more, and there is no just reason for saying that in this particular the ..... or than his assignee had. james had undertaken to build it, and to furnish it with all the machinery needed. he knew what the contract price for building it was, and he knew what extra work had been done. so did his assignee, who by the assignment had been ..... page 94 u. s. 210 "i would state that our directors estimate that $50,000 or more of the above balance accrued from the nonfulfillment of the contract with charles t. james, which they shall prosecute against him or his assignee." "the above is a true copy from the books." "[signed] george w. ..... stock . . . . . . . . . . . . . . . . 237,495.53 ----------- $789,541.55 credit cash and bills receivable, on hand. . . . . . $13,584.92 cost of real estate, cassimere department, and amount paid charles t. james's contract account. . . . . . . . . . . . . . 310,006.04 due from lyman b. frieze, assignee. . . . . . 53,314.77 due from sundry persons . . . . . . . . . . . 2,061.38 wool, cotton, and ..... circuit court of the united states for the district of rhode island syllabus the power of a court of equity to cancel an executed contract ought not to be exercised unless the fraud and false representations set up as the ground for relief are clearly proved, and the complainant .....

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1876

Eames Vs. Home Insurance Company

Court : US Supreme Court

Decided on : Jan-01-1876

..... destitute of equitable consideration. after giving due attention to the pleadings and evidence in this case, we are forced to the conclusion that a contract for a policy of insurance was fairly made, and that a decree should have been rendered for the complainants, declaring them entitled to a ..... until all the formal documents were executed and delivered, especially where the insuring company is situated in a different state, the beneficial effect of this benign contract of insurance would often be defeated and rendered unavailable. as said by mr. justice field in the case of insurance company v. colt, 20 wall ..... telegram announcing the fire. supposing this to be the meaning of the correspondence, the next question is whether it had the effect of creating a contract. eames had put in an application for insurance. it was made out in the regular form. the property was fully described, the amount of ..... illinois, and for such other and further relief as shall be just and equitable. the court below, upon hearing, dismissed the bill. the contract referred to is alleged to have been made by means of certain parol communications and written correspondence, which are detailed and set forth in the record ..... court of the united states for the southern district of illinois syllabus 1. the correspondence in this case considered and held to create a valid contract for a policy of insurance in the home insurance company of new york for $4,000 on the mill and machinery of the complainants, situated .....

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1876

Chesapeake and Ohio Railroad Company Vs. Virginia

Court : US Supreme Court

Decided on : Jan-01-1876

..... the virginia central company to undertake its construction; but what the terms were must be gathered from the acts of the legislature, and from the contract with the railroad commissioners. in the agreed statement of facts, it appears that the exemption from taxation provided for in the statutes was held ..... if they were only such as the covington & ohio had -- those rights having been granted by the other provision of the statute and of the contract -- the answer is at hand. by the fourteenth section of the act, other rights were promised to the consolidated corporation when organized. we have ..... chesapeake & ohio) company from taxation, or rather what property did it exempt? this is to be answered in view of the statute alone. the contract with the railroad commissioners made no attempt to confer upon the company any greater or other rights, privileges, or immunities than those described in the ..... railroad company that such exemption would apply to the whole line from richmond to the ohio river. under this contract the chesapeake & ohio railroad company was duly organized. it took the interest of the state in her uncompleted work on the line west of ..... the virginia central railroad company by the commissioners appointed by said acts as one of the inducements to the company to unite in the contract with them for the construction of the railroad from covington to the ohio river, it being supposed by said commissioners and the virginia central .....

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1876

Home Ins. Co. Vs. Baltimore Warehouse Co.

Court : US Supreme Court

Decided on : Jan-01-1876

..... insurers. and the notice required to be given to the bailors meant no more than that neither the receiving of the goods nor the certificate of receipt amounted to a contract of insurance. it would be straining the language of the notice most unwarrantably were we to treat it as amounting to an engagement that the company would not obtain insurance ..... . it is contended on their behalf that it covered only the warehouse company's interest in the goods contained in the warehouse. if this is the true meaning of the contract, the instruction given by the circuit court to the jury was erroneous. if, on the other hand, the policy covered the merchandise itself, and not merely the interest which the ..... or who were intended to be insured thereby. in such cases, the words of the policy fail to designate the real party to the contract, and therefore, unless resort is had to extrinsic evidence, there is no contract at all. finney v. bedford ins. co., 8 met. 348. turning, then, to the policy issued to the plaintiff below and construing it by ..... all others, the subject of the insurance, its nature and its extent, are to be ascertained from the words of the contract which the parties have made. it is as true of policies of insurance as it is of other contracts that, except when the language is ambiguous, the intention of the parties is to be gathered from the policies alone. there .....

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