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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1882 Page 1 of about 13 results (0.079 seconds)

Nov 13 1882 (FN)

Pritchard Vs. Norton

Court : US Supreme Court

Decided on : Nov-13-1882

..... proceedings on it, in the course of which various questions arose among them whether the promise of indemnity was a maryland or a louisiana contract. mr. justice story, delivering the opinion of the court, said: "such a contract would be understood by all parties to be a contract made in the place where the advance was to be made, and the payment, unless otherwise ..... plaintiff in error that by the law of louisiana, the preexisting liability of pritchard as surety for the railroad company would be a valid consideration to support the promise of indemnity, notwithstanding pritchard's liability had been incurred without any previous request from the defendant below. this claim is not controverted, and is fully supported by the citations from the ..... express declaration or controlling circumstances to the contrary, that the parties had in contemplation a law according to which their contract would be upheld, rather than one by which it would be defeated. 3. the obligation of the bond of indemnity was either to place funds in the hands of the obligee wherewith to discharge his liability when it became fixed by ..... written instrument, although under seal, was subject to impeachment for want of consideration, and a preexisting liability, entered into without request, which was the sole consideration of that bond of indemnity, was insufficient. it was otherwise in louisiana. a suit on the bond was brought in louisiana. held: 1. that the question of the validity of the bond as dependent upon .....

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Nov 27 1882 (FN)

Clarkson Vs. Stevens

Court : US Supreme Court

Decided on : Nov-27-1882

..... right of action of the united states to recover against his estate damages for his nonperformance of his contract, together with the securities, by way of mortgage and lien, it held as indemnity. we see no ground for a construction that leads to so remarkable a result. the plain meaning ..... upon its completion, the united states should accept it, upon final examination and certificate, as conforming in every particular with the requirements of the contract and answering the description and warranty of an efficient steam battery for harbor defense, shot and shell-proof. and looking at the situation of ..... of failure on the part of stevens to fulfill his part of the contract or so much thereof as should be necessary to complete any deficiencies on his part. the taking of this security as an indemnity to the united states assumes the anticipated possibility that the failure might be ..... v. russell, according to benjamin on sales, 246, 2d ed., was deliberately adopted as a rule of construction by which, in similar ship-building contracts, the parties are held to have, by implication, evinced an intention that the property shall pass, notwithstanding the general rule to the contrary, and adds ..... appropriated toward carrying the law into effect." in pursuance of this law, on february 10, 1843, the secretary of the navy entered into a contract with robert l. stevens for the construction of a war steamer for harbor defense, which recited his proposal, describing the vessel, and containing certain .....

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Dec 18 1882 (FN)

Fitzpatrick Vs. Flannagan

Court : US Supreme Court

Decided on : Dec-18-1882

..... strong, delivering its opinion, continued as follows: "it is indispensable, however, to such relief, when the creditors are, as in the present case, simple contract creditors, that the partnership property should be within the control of the court, and, in the course of administration, brought there by the bankruptcy of the firm ..... the proceeds of the business, after paying its necessary expenses, to the payment of the debts of the late firm and of his own, contracted in carrying on the business as surviving partner. the second issue, upon the pleas in abatement, was upon the allegation of the affidavit that ..... during the existence of the firm of fitzpatrick brothers, the firm paid part of the debt due to the plaintiffs, assumed by them, and contracted other indebtedness with them for goods bought and money loaned for about the same amount as that paid. the deceased partner, before his death, ..... "that the firm of fitzpatrick brothers, composed of defendant and james c. fitzpatrick, deceased, and of which he is the surviving partner, fraudulently contracted the debt or incurred the obligation for which suit has been brought." the granting of this leave to amend the affidavit was objected to by the ..... survivor, was indebted to the plaintiffs in several sums, evidenced by partnership obligations, as well as in a sum of $6,000, for a debt contracted by james c. fitzpatrick and eugene a. forbes, then partners under the name of forbes & fitzpatrick, and which had, on the dissolution of that .....

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Nov 27 1882 (FN)

Richardson Vs. Hardwick

Court : US Supreme Court

Decided on : Nov-27-1882

..... latter was not bound to become interested in the lands or to pay any money thereon unless he chose to do so. in suits upon unilateral contracts, it is only where the defendant has had the benefit of the consideration for which he bargained that he can be held bound. jones v. robertson ..... call it, an "option," to become equally interested in the lands by paying one-half the purchase money, etc., written two years after its date. the contract, of itself, did not vest him with any interest or estate in the lands. it merely pointed out the mode in which he might acquire an interest ..... leaves the preponderance of evidence on this point with the defendant. but evidence to establish this understanding is clearly inadmissible. in respect to this matter, the contract is free from ambiguity. its plain meaning is that richardson was to make payment directly to hardwick, in money, of one-half the amount paid ..... in the year 1872 sold all the lands themselves except one hundred and sixty acres. the contention of richardson now is that after crediting upon the contract one-half the amount received by hardwick for timber sold and for lands sold, the half of the purchase money and other expenses, which he was ..... they come into market." "b.c. hardwick" "arthur r. richardson" "alpena, october 1, '68" it is not disputed that before the date of this contract, hardwick, the appellee, had purchased the lands described therein, had paid for them in full out of his own means, and had received a deed therefor in .....

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Nov 20 1882 (FN)

Standard Oil Company Vs. Van Etten

Court : US Supreme Court

Decided on : Nov-20-1882

..... accrued by nondelivery on the part of the carriers would be the loss of the defendant below, and the plaintiff would be entitled to recover the contract price on proof of the quantity of single pieces reduced to matched headings, delivered at lapeer, upon the best evidence that could be adduced under such ..... count, averaged no better than all subsequent deliveries. it furnished to the jury, quite fairly and consistently with the intent of the parties to the contract, a means of determining whether there had not been a mistake in the last count, properly limited by the court in the rule that the ..... furnishing any means of establishing error in the count of matched headings. it is argued that the count of gross pieces was not recognized by the contract, as it contemplated only a count of matched headings, and that, as this involved culling the bad from the good, and the matching of single ..... certain headings for oil barrels sold and delivered in pursuance thereof. by the original contract, dated october 4, 1873, merritt, described as of lapeer, michigan, sold the standard oil company 2,000,000 heading suitable for oil barrels, to ..... error sued as assignee of merritt & helme, partners as j. j. merritt & co., who were assignees of j. j. merritt, upon a certain contract entered into between him and the standard oil company, and subsequent modifications thereof, to recover a balance alleged to be due thereon on account of the price of .....

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Dec 18 1882 (FN)

Minturn Vs. United States

Court : US Supreme Court

Decided on : Dec-18-1882

..... or consented to the extension. the same principle was applied by mr. justice thompson in united states v. tillotson, 1 paine 305, to the case of the alteration of a contract by the united states without the consent of the sureties for its performance. but in the present case, the giving up of the goods without the payment of the duties ..... the bond. the cases in which it has been held that the united states had parted with rights, by reason of acts done to the prejudice of persons who had contracted with them, have all been cases where there was authority of law to do such acts. in united states v. adm'rs of hillegas, 3 wash.c.c. 70, it ..... of the goods without the payment of the true amount of duties. there was no power in any officer of the government to alter the terms or effect of this contract, and destroy the obligation of the bond, page 106 u. s. 444 by giving up the goods without the payment of the duties. the same statute required the holding of ..... , and it is not to become void unless, in addition to the withdrawal of the goods, the true amount of duties is paid. this view shows that the parties have contracted to be and remain principal debtors to the united states until the true amount of duties is paid, whatever fraud or negligence there may be in parting with the possession .....

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Dec 04 1882 (FN)

Walker's Executors Vs. United States

Court : US Supreme Court

Decided on : Dec-04-1882

..... in places occupied by the national forces within districts the inhabitants whereof were declared to be in insurrection. it is therefore, according to the settled doctrines of this court, a contract from which could arise, in favor of walker, no right to the cotton as against the united states which could be enforced in the courts of the union. without, therefore ..... which the claimants seek to bring within the operation of the order of march 6, 1865, a transaction in cotton not covered, not intended to be covered, by it. the contract, upon the finding of facts, must be regarded as one made between walker and o'grady in palpable violation of the laws of the united states forbidding commercial intercourse between ..... on the 6th of march, 1865, fully authorized walker to proceed from memphis, his place of residence, to mobile, after that city had surrendered to the union forces, and there contract with o'grady for the purchase of the cotton in question, then but recently the property of the confederate states (at least as between them and the original owners), and .....

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Oct 23 1882 (FN)

Chicago and Vincennes R. Co. Vs. Fosdick

Court : US Supreme Court

Decided on : Oct-23-1882

..... prove to be a sacrifice. and this becomes especially important when the present value of the security is insufficient to prepay the encumbrance, but contains the solid promise of future indemnity as an investment. it is that interest, we think, that dictated the clause in question and can be satisfied only by the construction which secures to the majority of the ..... entitled to the return from the said fosdick, special trustee as aforesaid, of the bond interest warrants so funded and deposited with the said fosdick." "your respondent admits that the contracts for fending said interest warrants are substantially set forth in said complainant's amended bill, and that the holders of about four-fifths of the said 4,000 first mortgage .....

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Dec 04 1882 (FN)

United States Vs. Lee

Court : US Supreme Court

Decided on : Dec-04-1882

..... injunction was granted to restrain the board of liquidation, consisting of the governor and other officers, of the state of louisiana from issuing or using, in violation of a previous contract of the state with the plaintiff, bonds of the state in their hands, the court said that the objections to proceeding by injunction were "first that it is in effect ..... . s. 241 in gibbons v. united states, 8 wall. 269, which was an attempt to maintain in the court of claims a suit against the government as upon an implied contract for unauthorized acts of its officers which were in themselves torts, the court said: "the supposition that the government will not pay its debts, or will not do justice, is ..... statutes, the principal classes of demands submitted to the determination of the court of claims are claims founded on laws of congress, on regulations of the executive departments, and on contracts expressed or implied, and claims referred to the court by congress. rev.stat. sec. 1059. the proceeding by petition to congress and reference by congress to the court of claims ..... created a court in which it page 106 u. s. 206 has authorized suits to be brought against the united states, but has limited such suits to those arising on contract, with a few unimportant exceptions. what were the reasons which forbid that the king should be sued in his own court, and how do these reasons apply to the political .....

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Dec 11 1882 (FN)

Fink Vs. O'Neil

Court : US Supreme Court

Decided on : Dec-11-1882

..... from sale on execution a permanent part of a national policy by declaring that lands so acquired should not "in any event become liable to the satisfaction of any debt contracted prior to the issuing of the patent therefor." rev.stat. sec. 2296; seymour v. sanders, 3 dillon 437; russell v. lowth, 21 minn. 167. if a contrary construction to the ..... of the value of $6,000 and upwards, and it is averred that the cause of action upon which the judgment was rendered was not for any debt or liability contracted prior to jan. 1, 1849. to this bill there was filed a general demurrer for want of equity which, being overruled and fink declining to answer or plead, a decree .....

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