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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1879 Page 1 of about 54 results (0.054 seconds)

1879

Emigrant Company Vs. County of Adams

Court : US Supreme Court

Decided on : Jan-01-1879

..... office and in the state in relation to the claim and location of the swamp lands, and in relation to the claim for indemnity against the government; the services of agents; the negotiations between the parties respecting the contract in question; the representations that were made; the proceeds and value of the lands, and the disposition thereof. and although it is evident ..... the latter believed that the lands to which the county was entitled were only about 2,000 acres, and that the claim for indemnity against the government was of no value -- yet we see no sufficient proof that the contract was procured by false and fraudulent representations; and we are unable to sustain the decree of the circuit court on this ground ..... 8,000 acres were sold for $2,000; secondly, that the sale of the county's claim against the united states for indemnity was void, as being contrary to law; thirdly, that the contract and deed were procured by false and fraudulent representations, both as to the quantity of lands comprised therein and as to the validity and condition of the claim ..... , that the sale of the county's claim against the united states for indemnity for lands sold by the government was contrary to law, and void. if the law prohibiting assignments of claims against the government applies to such a claim as that which was the subject of the contract in this case, the government might have refused to pay it; but .....

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1879

Railroad Company Vs. Tennessee

Court : US Supreme Court

Decided on : Jan-01-1879

..... the railroad company, which accrued while the law allowing suits against the state was in existence, and sought to enforce the liability of the state under the indemnity clause of the charter. to this bill both the state and watson, the trustee, demurred, and assigned for cause, among others, that the state could ..... the power of the court ends. the state is at liberty to determine for itself whether to pay the judgment or not. the obligations of the contract have been finally determined, but the claimant has still only the faith and credit of the state to rely on for their fulfillment. the courts are ..... the page 101 u. s. 340 right is no more available afterwards than before. the constitution preserves only such remedies as are required to enforce a contract. here the state has consented to be sued only for the purposes of adjudication. the power of the courts ended when the judgment was rendered. in ..... the state had withdrawn its consent to be sued, and the only question now to be determined is whether that withdrawal impaired the obligation of the contract which the railroad company seeks to enforce. if it did, it was inoperative so far as this suit is concerned, and the original consent remains ..... , upon the express ground that the repeal of the law authorizing suits against the state was valid, and did not impair the obligation of the contract which the railroad company had. all other questions were waived by the court, and the decision placed entirely on the ground that as the state .....

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1879

Phillips Vs. Gilbert

Court : US Supreme Court

Decided on : Jan-01-1879

..... as is done against stipulators in admiralty proceedings. but we find no precedent for such a course upon a bond or undertaking given by way of indemnity in proceedings at common law or in chancery, unless it be expressly so stipulated in the instrument, or unless the parties enter into a recognizance, ..... the law, from having been united by the parties in one contract, as one general piece of work. we are clear, therefore, that a decree ought to be entered in favor of the complainant against gilbert personally for ..... -- namely its being claimed on the whole row of buildings, and not on the buildings separately. we think, however, there is nothing in this objection. the contract was one, and related to the row as an entirety, and not to the particular buildings separately. the whole row was a building, within the meaning of ..... act of congress then in force. this act, passed feb. 2, 1859, 11 stat. 376, declared that any person who should, by virtue of a contract with the owner of any building, perform labor or furnish materials for the construction or repair thereof, should, upon filing the proper notice, have a lien ..... (1879) phillips v. gilbert 101 u.s. 721 appeal from the supreme court of the district of columbia syllabus 1. a mechanic, pursuant to his contract with the owner of certain lots in the city of washington, erected a row of buildings upon them. held that he did not lose his lien because .....

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1879

Jones Vs. Guaranty and Indemnity Company

Court : US Supreme Court

Decided on : Jan-01-1879

..... is, secured by the mortgage. 2. that parol evidence was admissible to show such intent. the new york kerosene oil company and the new york guaranty and indemnity company were corporations organized pursuant to the laws of new york. on the 15th of february, 1867, abraham m. cozzens, as the president of the oil company ..... upon which they proceed are that a thing is to be regarded as certain which can be made certain; that evidence can be adduced to apply the contract to its subject; that where there is enough to put those concerned upon inquiry, the means of knowledge and knowledge itself are, in legal effect, the ..... of a bill or the maker or endorser of a note became such for the accommodation of the plaintiff. where a party has entered into a written contract, it may be so shown that he did it as the agent of another, though the agency was concealed and the principal not disclosed, and the ..... that parol evidence is admissible to show that a deed absolute on its face is a mortgage, to establish a resulting trust, to show that a written contract was without consideration, that it was void for fraud, illegality, or the disability of a party, that it was modified as to the time, place, ..... a purpose. the oil company was expressly authorized by the act under which it was organized to secure the payment of its debts theretofore or thereafter "contracted by it in the business for which it was incorporated, by mortgaging any or all real estate of such corporation," and it was declared that "every .....

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1879

Canal Company Vs. Ray

Court : US Supreme Court

Decided on : Jan-01-1879

..... gave their written consent to the resolution and requested that their water gauges should be placed upon their respective premises at or near the water wheel. this resolution (made a contract by the acceptance of its provisions) certainly cannot be construed so as to deprive the complainants of the right they had previously acquired. it was intended mainly for the benefit ..... by the opposite party, some other thing than that specifically designated, and if he does, he cannot afterwards insist upon exact performance. nothing is more common than such fulfillment of contract obligations. in equity, it is certainly regarded as sufficient fulfillment. in the present case, the location of the aperture and sliding gate at the mill wheel instead of at the ..... enlargement of the complainants' mill had been completed, the works for conducting the water from the canal to the mill and for measuring the quantity of water granted by the contract were constructed and located under the special direction of the engineer and superintendent of the canal company, the officers charged with the duty, and with their approval, and that ..... water, occasioning leakage from the canal, or endangering its security and that of its works, and also for ascertaining whether more water was drawn off than was granted by the contract. the remaining conditions need not be noticed. they have no possible bearing upon the matter now in controversy. obviously this grant of the water privilege contemplated that the aperture, the .....

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1879

Hatch Vs. Oil Company

Court : US Supreme Court

Decided on : Jan-01-1879

..... terms of sale, the presumption is, if the thing to be sold is specified and it is ready for the immediate delivery, that the contract is an actual sale, unless there is something in the subject matter or attendant circumstances to indicate a different intention. well founded doubt upon ..... if the intent can be collected from the language employed, the subject matter, and the attendant circumstances. where the specific goods to which the contract is to attach are not specified, the ordinary conclusion is that the parties only contemplated an executory agreement. reported cases illustrate and confirm that proposition ..... offered by the defendant, as set forth in the record. sufficient appears to show that the manufacturers of the staves, on the day alleged, contracted with the plaintiffs to sell them one million of white-oak barrel staves of certain described dimensions, to be delivered as therein provided, for the ..... of frauds, are sufficient, as between the parties, to vest the property in the purchaser even without delivery, the rule being that such a contract constitutes a sale of the thing, and that its effect is, if not prejudicial to creditors, to transfer the property to the purchaser against ..... fifty thousand of them were piled upon land immediately adjoining that tract. after they had been counted, hatch made the levies in question. the contracts and lease were made in good faith, but neither was recorded or filed in any public office. at their dates and during the transactions under .....

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1879

Newton Vs. Commissioners

Court : US Supreme Court

Decided on : Jan-01-1879

..... , with the intention that it should be the permanent place of conducting the business of the corporation, they had permanently located the institution, within the true construction of the contract. counsel for the plaintiff attach to the word 'permanent' a meaning inconsistent with the obvious intent of the parties -- that the condition was one which might be fully ..... of the same absolute character. cooley, const.lim., pp. 232, 342; the regents v. williams, 4 gill & j. (md.) 321. in all these cases, there can be no contract and no irrepealable law, because they are "governmental subjects," and hence within the category before stated. they involve public interests, and legislative acts concerning them are necessarily public laws. every ..... parties, and from the subject matter of their action, we think that the doings of the legislature as to this ferry must be considered rather as public laws than as contracts. they related to public interests. they changed as those interests demanded. the grantees likewise, the towns being mere organizations for public purposes, were liable to have their public ..... performance of engagements. to correct this mischief by restraining the power which produced it, the state legislatures were forbidden 'to pass any law impairing the obligation of contracts' -- that is, of contracts respecting property, under which some individual could claim a right to something beneficial to himself, and that since the clause in the constitution must, in construction, receive .....

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1879

Railway Company Vs. Philadelphia

Court : US Supreme Court

Decided on : Jan-01-1879

..... must be construed as if the provision of the instrument in question was embodied in the charter. private charters of the kind importing such an exemption are held to be contracts, because they are based for their consideration on the liabilities and duties which the corporators assume by accepting the terms therein specified, and the general rule is that the grant ..... legislature by the constitution more than a quarter of a century before the defendant company was incorporated. even when the language of the charter is sufficient to amount to a contract, it was twice admitted by mr. justice story, in trustees of dartmouth college v. woodward, that alterations and amendments may be made in the charter, where the power the ..... legislature defining the duties and liabilities of railway companies is in conflict with that provision of the constitution which prohibits a state from passing any law impairing the obligation of contracts; 2. that the judgment of the court below is in conflict with that provision of the constitution. attempt was made about the time the defendant company was incorporated to ..... possessing the same privilege. quaere, without further legislation, could a greater sum have been exacted from the company ? 3. semble that even if the charter were sufficient to import a contract, the legislature, under the constitutional provision then in force touching the alteration, revocation, or annulment of any charter in such manner that no injustice be done to the corporators, had .....

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1879

Oates Vs. National Bank

Court : US Supreme Court

Decided on : Jan-01-1879

..... nonpayment, was itself a sufficient consideration to constitute the bank a bona fide holder for value, within the recognized principles of the law merchant. the presence, then, in the contract under which the note was endorsed and delivered to the bank of an additional consideration -- the payment in advance of usurious interest -- which the law declares to be vicious ..... by redfield and bigelow, 186-217, and notes. whether the taking of such note merely as collateral security for antecedent debts, without any binding page 100 u. s. 249 contract for indulgence, would constitute a valuable consideration within the established rules of commercial law, protecting the creditor against defenses or equities between antecedent parties of which he had no notice ..... all the company's indebtedness, for different periods reaching beyond the maturity of the note transferred as collateral security. such extension for fixed periods was a cardinal element of the contract. the creditor forbore pursuit of the remedies which the law supplied for the enforcement of his demands, then soon to mature, in consideration of collateral security being furnished, and ..... , and to constitute the bank a holder for value; 2d, that the national banking act subjects the bank to liability for taking usurious interest, but does not declare the contract of endorsement void, and that no such penalty being prescribed, the courts cannot superadd it. the facts are stated in the opinion of the court. mr. justice harlan delivered .....

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1879

Parish Vs. United States

Court : US Supreme Court

Decided on : Jan-01-1879

..... or tendered. without elaborating the matter, we are of opinion that as the claimants neither delivered or offered to deliver the remainder, they cannot recover either the contract price or the profits they might have made if they had done so. and as the government left the demand suspended, so that while claimants were compelled to ..... 10,000 tons "making the total of 30,000 which you have contracted to deliver. the ice to be delivered at nashville and memphis is for the use of the sick of the armies in the field, and should be furnished without delay ..... . j. w. parish & co.:" "gentlemen -- i am instructed by the assistant surgeon general to direct that the ice which you have agreed to deliver at the points designated in your contract shall be distributed in the following quantities, viz.: " at st. louis . . . . . . . . . . . 5,000 tons at cairo . . . . . . . . . . . . . 5,000 tons at memphis . . . . . . . . . . . . 10,000 tons at nashville . . . . . . . . . . . ..... nothing in the act which furnishes any rule for its decision, though some of its provisions are emphasized in the argument of counsel. the action was brought on the following contract: "article of agreement made this fifth day of march, 1863, between henry johnson, medical storekeeper, united states army, and acting medical purveyor, washington, d.c., on .....

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