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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1877 Page 1 of about 70 results (0.204 seconds)

1877

Pensacola Tel. Co. Vs. Western Union Tel. Co.

Court : US Supreme Court

Decided on : Jan-01-1877

..... counsel, but that its defect lay in the character of the business; that issuing a policy of insurance was not a transaction of commerce; that the policies were mere contracts of indemnity against loss by fire, and not articles of commerce in any proper meaning of the term. in other words, the court held that the power of congress to regulate ..... , associations, and corporations. . . . the defect of the argument lies in the character of their (insurance companies) business. issuing a policy of insurance is not a transaction of commerce. . . . such contracts (policies of insurance) are not interstate transactions, though the parties are domiciled in different states." the questions thus suggested need not be considered now, because no prohibitory legislation is relied ..... the recent reduction in rates show that more than eighty percent of all the messages sent by telegraph related to commerce. goods are sold and money paid upon telegraphic orders. contracts are made by telegraphic correspondence, cargoes secured, and the movement of ships directed. the telegraphic announcement of the markets abroad regulates prices at home, and a prudent merchant page ..... commerce was not affected by the fact that such commerce was carried on by corporations, but that a contract of insurance made by a corporation of one page 96 u. s. .....

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1877

Emigrant Company Vs. County of Wright

Court : US Supreme Court

Decided on : Jan-01-1877

..... of consideration, and a successful speculation at the expense of the rights of the public. for these reasons, we concur with the circuit court that the contract should be rescinded, and that, saving the right of intermediate purchasers, there should be an accounting and a reconveyance, so far as may be. decree ..... the emigrant company, by the assistance, as he says, of able lawyers and in the cases of other counties with which the company had similar contracts, inaugurated proceedings to procure the reversal of the rule announced by the department. succeeding in this, he presented the renewed claim of wright county and ..... for reclaiming said lands." on the ninth day of july, 1862, a written contract for the sale of the swamp lands of wright county, and all interest therein, and of the claim of the county for indemnity against the united states for swamp lands which had been sold by the government, ..... large quantity of lands. the county, in 1870, no improvements having been made, filed this bill praying for the annulment and cancellation of the contract, for a reconveyance of the lands, saving the rights of intermediate purchasers, and for an accounting so far as the company had sold said lands ..... was signed by the supervisors of the county of wright and the american emigrant company, by their agent, h. c. crawford, and attested by the clerk and seal of wright county. this contract was .....

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1877

insurance Company Vs. Higginbotham

Court : US Supreme Court

Decided on : Jan-01-1877

..... 387 was then practiced by him, on the ground that the previous representations, necessarily and as a matter of law, were continuous, and that the contract was consummated on that day, cannot be sustained. it was a question proper under all the circumstances for the consideration of the jury. if they had ..... receipt was delivered, as the company contends, then the rule mentioned bars the plaintiff's right to recover. if, as the plaintiff contends, the contract, by the intention and understanding of the parties, relates to the 1st of october, when the premium was paid by the applicant and the certificates of ..... the original application was made, is a question upon which the authorities do not agree, some taking the view that a renewal makes a new contract and others that it merely continues the old one. special circumstances, however, seem to control the decision according as these circumstances indicate the intent of ..... in the same town with the agent, and received no suggestion from him that anything further was expected, and was warranted in assuming that his contract was intended to take effect from an earlier period than its actual delivery. he probably died in the honest belief that he had thus provided for ..... jury should determine as a matter of fact whether, upon the evidence submitted, the representation was or was not a continuous one, whether the contract was consummated on the 14th of october, or by relation on the 1st of october; but the judge was requested to charge as a matter .....

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1877

Sessions Vs. Johnson

Court : US Supreme Court

Decided on : Jan-01-1877

..... the defendant as endorser for the bankrupts, the money paid him for the release of his mortgage was plainly a preference by the way of indemnity. proceedings in bankruptcy were commenced within four months thereafter; and the assignees brought the present suit in the district court against the defendant to ..... facts show that they sold the equities and distributed the proceeds between the respective mortgagees, showing to a demonstration that there never was any joint contract relation between the mortgagees and the insolvent debtors. even the proceeds of the sale of the equities of redemption, as distributed between the respective ..... subject to the limitation, that, if the plaintiff obtains a joint judgment, he cannot afterwards sue them separately, for the reason that the contract or bond is merged in the judgment; nor can he maintain a joint action after he has recovered judgment against one of the parties in ..... against the other, the rule being that by the recovery of the judgment the contract is merged and a higher security substituted for the debt. robertson v. smith, 18 johns. (n.y.) 477; ward v. johnson, 13 mass. ..... , 13 mee. & w. 504. judgment in such a case is a bar to a subsequent action against the other joint contractor, because, the contract being merely joint, there can be but one recovery, and consequently the plaintiff, if he proceeds against one only of two joint promisors, loses his security .....

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1877

insurance Companies Vs. Thompson

Court : US Supreme Court

Decided on : Jan-01-1877

..... this loss also if the whiskey was burnt. it is impossible to give any other construction to the policy than that the company agreed to furnish this indemnity. the language, when brought into relation with the conceded facts of the case, admits of no other. this interest was an insurable interest, as much ..... may be that of a trustee, or executor, or some other representative character, in which case the recovery will be in accordance with the nature of the contract. the policy before us is a striking illustration page 95 u. s. 550 of this. the interest of the plaintiffs in the whiskey which is insured is ..... or loss of life, it is neither the property nor the life that is insured. nor does the contract propose or intend to say that there shall be no destruction of the property or loss of life. in point of fact, the obligation of the insurer ..... questions. we are of opinion that a careful consideration of the facts of this case, in their relation to some of the most elementary principles of the contract of insurance, will enable us to dispose of it without much difficulty. it is to be observed that whether insurance be against fire, or marine loss, ..... & co. in the whiskey, by reason of their liability to pay the government tax was an insurable one. 2. that the policy was intended to furnish indemnity against that liability, as well as to insure the interest which, at the time of the loss, they had as owners of the whiskey. 3. that tire .....

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1877

Baird Vs. United States

Court : US Supreme Court

Decided on : Jan-01-1877

..... now claimed. the counsel for the appellant say in their argument that this reduction has been made in the light of the testimony taken in the suit for indemnity. under such circumstances, it was the duty of the auditing officers of the government to state the account themselves before making payment. this they did, and ..... an action for another part of the same demand. warren v. comings, 6 cush. (mass.) 103. thus, if there are several sums due under one contract and a suit is brought for a part only, a judgment in that suit will be a bar to another action for the recovery of the residue. here was ..... after nov. 9, 1863, in the cost of labor and materials used in the construction, and any damage resulting from the preference given this order over other contracts. the order was accepted upon the terms proposed, and the locomotive delivered at intervals of four or five days, between may 3 and june 30, 1864. the ..... w. baldwin & co., a firm of locomotive builders at philadelphia, for fifteen engines, to be delivered as soon as possible, and to the exclusion of all other contracts or interests. the price fixed upon was $18,947.72 for each engine, and the government tax to be paid on delivery. in addition to this, the firm ..... a contract by which the government was bound to pay for the engines in accordance with terms agreed upon. the entire price to be paid was not fixed. a .....

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1877

New Jersey Vs. Yard

Court : US Supreme Court

Decided on : Jan-01-1877

..... is supposed to impair it, and the greatest trouble we have had on this point has been in regard to what may be called legislative contracts -- contracts found in statute laws of the state, if they existed at all. it has become the established law of this court that a legislative ..... sixty days, or else it became wholly inoperative. the company duly executed this acceptance. there was, then, the complete formal, written instrument evidencing this contract, signed by the presiding officers of the two houses of the new jersey legislature, and the governor, for one party, and the president and ..... , in the ordinary form of a statute, may contain provisions which, when accepted as the basis of action by individuals or corporations, become contracts between them and the state within the protection of the clause referred to of the federal constitution. the difficulty in this class of cases has ..... of the question here presented must depend first upon an inquiry into this supposed reservation of power, and secondly into the essential character of the contract of 1865. the case before us differs from those in which, by the constitution of some of the states, this right to alter, amend ..... which declares that "this supplement, and the charter to which it is a supplement, may be altered or amended by the legislature" apply to a contract with the corporation made in a supplement thereafter passed. 3. such statutory reservations of the right to repeal, unlike similar constitutional provisions, are only .....

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1877

Farrington Vs. Tennessee

Court : US Supreme Court

Decided on : Jan-01-1877

..... individual interest of the shareholders in the corporations, and that the exemption from further taxation was granted to them. after all, the true question in these cases is whether a contract in express terms between the state and a corporation, to exempt its property and franchises from taxation, shall by construction extend to and exempt the property of individual stockholders -- ..... it was not intended for the individual stockholder. the legislature were dealing with the proposed corporations. the corporate power granted and the immunities allowed were to the corporations, and the contract found in the charter was with the artificial being created, page 95 u. s. 693 rather than with the natural persons who might have an interest in them. the ..... and force of reasoning rarely equaled. perhaps the genius of marshall never shone forth in greater power and luster. it was said, among other things, that the ingredients of a contract are parties, consent, consideration, and obligation. the case presented all these. the parties were the king and the donees of the powers and privileges conferred. consent was shown by ..... pillans v. van mierop, 3 burr. 1663; forth v. stanton, 1 saund. 210, note 2, and the cases there cited. the constitutional prohibition applies alike to both executory and executed contracts, by whomsoever made. the amount of the impairment of the obligation is immaterial. if there be any, it is sufficient to bring into activity the constitutional provision and the judicial .....

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1877

Reed Vs. Insurance Company

Court : US Supreme Court

Decided on : Jan-01-1877

..... when laches in bringing suit is urged as an exception in cases cognizable therein. in view of the construction which we have given to the contract in this case, it is not necessary to pass upon the precise question now raised by the appellee. it is also unnecessary to examine other ..... not merely to protect themselves whilst loading was actually going on. her visit to the island was only for the purpose of loading; as between the contracting parties, she had no right to be there for any other purpose, and, supposing that they intended that the risk should be suspended whilst she ..... from time the cause of action accrues. " page 95 u. s. 29 mr. justice bradley delivered the opinion of the court. this is a cause of contract, civil and maritime, commenced by a libel in personam by samuel g. reed, the appellant, against the merchants' mutual insurance company of baltimore, the appellee, to ..... statute of limitations in force in maryland provides as follows: "all actions of account, actions of assumpsit or on the case, actions of debt on simple contract, or for rent in arrears, detinue, and replevin, all actions for trespass for injuries to real or personal property, shall be commenced or sued within ..... for the purpose of ascertaining its subject matter, and the standpoint of the parties in relation thereto. 3. quaere, can a demand arising out of contract be enforced by a libel in personam in admiralty when a suit to recover it, if brought in a state court of concurrent jurisdiction, would be .....

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1877

Good Vs. Martin

Court : US Supreme Court

Decided on : Jan-01-1877

..... there are no such terms employed and that he is liable either as promisor or guarantor. blank endorsements may be filled up to express the legal contract, and the true commercial rule is that when the blank is filled, the instrument shall have the character of a written page 95 u. s. ..... admissible even if seasonable objection had been made to its competency. hopkins v. leek, 12 wend. (n.y.) 105. like a deed or other written contract, a promissory note takes effect from delivery, and as the delivery is something that occurs subsequently to the execution of the instrument, it must necessarily be ..... are the subjects of the statements in the written agreement, and are entitled to place themselves in the same situation as the parties who made the contract, so as to view the circumstances as they viewed them, and so to judge of the meaning of the words and of the correct application ..... exists in that regard, but there is one principle upon the subject almost universally admitted by them all, and that is that the interpretation of the contract ought in every case to be such as will carry into effect the intention of the parties, and in most cases it is admitted that proof ..... different courts, as remarked in that case, hold different views in respect to the question here involved, but all concur that such an act constitutes a contract which is to receive a reasonable and an available construction. great conflict exists in the decided cases, but the better opinion is that there are certain general .....

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