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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1884 Page 1 of about 66 results (0.072 seconds)

Jan 28 1884 (FN)

American File Co. Vs. Garrett

Court : US Supreme Court

Decided on : Jan-28-1884

..... that neither they nor the assets of chapman in their hands are subject to the individual liability of stockholders for the debt of the corporation. the contract of indemnity did not, therefore, subject garrett & sons to any such liability. it follows that they took the bonds unaffected by any agreement in respect thereto between ..... of stock, and yielded to garrett & sons any claim to the bonds of the american file company belonging to chapman or his firm, and took an indemnity against any supposed liability which might attach to them as holders of the stock belong to the estate of chapman. in gray v. coffin, 9 cush. ..... of action which would ensue if the complainants page 110 u. s. 292 should call on the assignees for contribution, and they on garrett & sons for indemnity. after this cause was put at issue by the answer of garrett & sons and by the replication of complainants, it was removed to the circuit court ..... themselves and the bankrupt estate. if, therefore, the assignees themselves are not liable as stockholders, garrett & sons by this contract of indemnity assumed no liability, and they hold the bonds in question unfettered by any equities or conditions. it is well settled that under ..... which they might collect from them on the bonds of the company. it is clear that garrett & sons did not by this contract agree to become stockholders of the corporation or to indemnify chapman against his individual liability as a stockholder. the agreement will bear no such interpretation. the .....

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Mar 10 1884 (FN)

United States Vs. Ryder

Court : US Supreme Court

Decided on : Mar-10-1884

..... decided march 10, 1884 110 u.s. 729 appeal from the circuit court of the united states for the district of new jersey syllabus without an express contract of indemnity, a surety on a recognizance for the appearance of a person charged with committing a criminal offense against the laws of the united states, cannot maintain an ..... there is hardly a duty, and it may very well be that the promise to indemnify the bail in a criminal matter should be considered purely as an indemnity, which it has been decided to be." this decision (made in 1863) has not, so far as we are aware, been shaken by any subsequent case ..... one, and void by the statute of fraud for not being in writing; if she was not thus liable, then the father's promise was an original promise of indemnity, and the statute of frauds did not apply. the case was fully argued first in the king's bench, 2 b. & s. 697, and afterwards in ..... obliged to pay on default of the principal under an act of parliament, but it was virtually conceded page 110 u. s. 735 that no such promise of indemnity would be implied for the nonappearance of the principal, because it would be against public policy. in the course of the argument, jervis, c.j., said: " ..... failed to pay the costs." and in the final opinion he said: "the rule [to set aside for the plaintiff] was moved on the ground that a contract, in a criminal case, to indemnify the bail against the consequences of a default of the principal's appearance on the trial of the indictment, is contrary .....

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Apr 14 1884 (FN)

Lovell Vs. St. Louis Mut. Life Ins. Co.

Court : US Supreme Court

Decided on : Apr-14-1884

..... . nor does it appear but that the fund now in court is abundantly sufficient to meet all demands upon it in favor of those for whose indemnity it was deposited in the treasurer's office, without any abatement, or the necessity of a pro rata distribution. of course, the st. louis ..... the new company or of prosecuting the old and virtually defunct company if it were not for the fund deposited with the treasurer of tennessee as indemnity to the citizens of that state holding policies in the company. the assignment of all its assets by the old company to the new one, ..... of the state of tennessee, $20,000 of state bonds, held as the property of the insurance company, under the laws of tennessee, as indemnity against loss to citizens of tennessee on life policies such as that of complainant; he therefore prays for an attachment and an injunction to hold said fund ..... aforesaid, directly liable on any and all policies issued by said last-mentioned company to the same extent as itself would have been." "* * * *" "said contract was made, and said transfer and assumption of liabilities executed, and said increase of capital stock made, on or before january 17, 1874." lovell, being sworn as ..... the company. the assignment to the new company in missouri could not deprive them of the right to this indemnity. our third conclusion is that, as the old company totally abandoned the performance of its contract with the complainant by transferring all its assets and obligations to the new company, and as the .....

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Mar 03 1884 (FN)

Mitchell Vs. Clark

Court : US Supreme Court

Decided on : Mar-03-1884

..... of authority, is valid, so far as congress could have conferred such authority before, admits of no reasonable doubt. these are ordinary acts of indemnity passed by all governments when the occasion requires it. in the legislation to which we have referred in the act of 1863 and the amendatory ..... but not otherwise. it would hardly be pretended that congress can enlarge the time prescribed by the state for bringing in her courts actions upon contracts, and if it cannot enlarge, how can it limit the time? indeed, it cannot be held that congress may interpose a limitation to the ..... acts omitted by order or authority of the president, or under color of an act of congress, it has no bearing upon actions for breaches of contract between citizens. the seventh section, fixing a limitation to actions for such arrests, imprisonment, and other trespasses, does not therefore apply to the case ..... right of personal liberty may be withdrawn, but this suspension in no respect affects the claims of private citizens against each other arising out of contracts between them or the means of their enforcement. the constitution does not forbid, during such suspension or by reason of it, the institution of ..... in support of the authority of the government; but between acts of indemnity in such cases and the attempt to deprive the citizen of his right to compensation for wrongs committed against him or his property, or to enforce contract obligations, there is a wide difference, which cannot be disregarded without .....

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Mar 03 1884 (FN)

irwIn Vs. Williar

Court : US Supreme Court

Decided on : Mar-03-1884

..... form or guise of legitimate trade." it might therefore be the case that a series of transactions, such as that described in the present record, might present a succession of contracts, perfectly valid in form, but which, on the face of the whole, taken together, and in connection with all the attending circumstances, might disclose indubitable evidences that they were ..... he became, by the rules of the stock exchange, personally liable, he sued the defendant for his commissions, and for indemnity against the liability he had incurred. it was held that the agreement between the plaintiff and defendant was not a gaming contract, within the meaning of the statute. the case was distinguished from grizewood v. blane, 11 c.b. 536, which ..... irwin & davis contemplated nothing but a wagering transaction, and acted for them accordingly. if the plaintiffs made sales of wheat for irwin & davis for future delivery, understanding that these contracts would be filled by the delivery of grain at the time agreed upon, irwin & davis were liable to the plaintiffs, even though they meant to gamble, and nothing more." no ..... entering into the illegal agreement, he is particeps criminis, and cannot recover for services rendered or losses incurred by himself in forwarding the transaction. generally, in this country, wagering contracts are held to be illegal and void as against public policy. a custom among brokers in the settlement of differences which works a substantial and material change in the principal .....

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Dec 08 1884 (FN)

Kansas Pacific R. Co. Vs. Atchison, T. and S.F. R. Co.

Court : US Supreme Court

Decided on : Dec-08-1884

..... odd numbers, nearest the tiers of sections within the ten-mile limit, but outside of that limit and within twenty miles of the road. these indemnity lands were certified to the state by the land department against the objections of the plaintiff, and the proper officers of the state in may, 1873 ..... rights. the appropriation outside of those limits only lessened the number of sections from which the secretary might under certain contingencies have the right to select indemnity lands; it had no other effect. the order of withdrawal of lands along the "probable lines" of the defendant's road made on the 19th ..... the question, therefore, for determination is whether the grant to kansas, by the act of congress of march 3, 1863, covered the title to these indemnity lands. we are clear that it did not. it granted only alternate sections, designated by odd numbers, within the limit of ten miles, and from ..... if they had derived their existence from its legislation. as its corporations, they are to be treated, so far as may be necessary to enforce contracts or rights of property by or against them, as citizens within the clause of the constitution declaring the extent of the judicial power of the united ..... the union, corporations created under laws of the territory become corporations of the state. in judicial proceedings in courts of the united states to enforce contracts or rights of property, a corporation is regarded as a citizen of the state creating it. this was a suit in equity brought up on .....

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Apr 14 1884 (FN)

Chicago, M. and St.P. Ry. Co. Vs. Ross

Court : US Supreme Court

Decided on : Apr-14-1884

..... by these means, the safety of each will be much more effectually secured than could be done by a resort to the common employer for indemnity in case of loss by the negligence of each other." and to the argument, which was strongly pressed, that though the rule might apply where ..... their safety so essentially depended. "for this purpose," said the court, "the conductor is employed, and in this he directly represents the company. they contract for and engage his care and skill. they commission him to exercise that dominion over the operations of the train which essentially pertains to the prerogatives of ..... to manage the train with skill and care. in the course of an elaborate opinion the court said that, from the very nature of the contract of service between the company and employees, the company was under obligation to them to superintend and control with skill and care the dangerous force ..... from liability was claimed on the ground that the engineer and conductor were fellow servants, and that the engineer had, in consequence, taken, by his contract of service, the risk of the negligence of the conductor, and also that public policy forbade a recovery in such cases. but the court rejected both ..... on the ground of the south carolina decision, that there was a joint undertaking by the fellow servants, but on the ground that the contract of the engineer implied that he would take upon himself the risks attending its performance; that those included the injuries which might befall him from .....

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Mar 31 1884 (FN)

Ware Vs. Galveston City Company

Court : US Supreme Court

Decided on : Mar-31-1884

..... have been placed in menard's hands as a fund for the payment by him of the debt to white. that arrangement is stated to have been intended as an indemnity page 111 u. s. 175 to menard against his own personal liability and as a guarantee in favor of the triplett interest. and when in 1851 menard made his report ..... mortgage, might not have been complainant in the present suit. the claim itself, both as a debt and a lien upon the land, against the party with whom it was contracted, as we have said, is admitted to be barred by the lapse of time; there is no ground stated in this bill why, in equity, it should be revived against ..... be found in the allegations that charged the defendant as the successor in law, liable for their obligations, of the associates who were the undisclosed principals on whose behalf menard contracted the debt with white. but manifestly the statute of limitations that barred the claim against menard, and the express lien of the mortgage, a defense not denied to have become .....

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Mar 17 1884 (FN)

United States Vs. Ulrici

Court : US Supreme Court

Decided on : Mar-17-1884

..... , in the event of liability on the part of the principal, the property where the business was to be carried on would be available as security for the government and indemnity for the surety." so we think the fact that the tax due the page 111 u. s. 42 united states is made by law a first lien on the spirits ..... spirits for the misconduct of the distiller, cannot, consistently with the rights of the sureties, apply their proceeds on some other account and collect the tax of them, for the contract of a surety is to be strictly construed. leggett v. humphreys, 21 how. 66; miller v. stewart, 9 wheat. 680; united states v. boyd, 15 pet. 187; united states v .....

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Feb 04 1884 (FN)

Spring Valley Waterworks Vs. Schottler

Court : US Supreme Court

Decided on : Feb-04-1884

..... by two witnesses what individuals may establish by one;] that it shall make no complaint if its goods are plundered and its premises invaded; that it shall ask no indemnity if its lands be seized for public use, or be taken without due process of law, or that it shall submit without objection to unequal and oppressive burdens arbitrarily ..... subject, uses similar language. speaking by mr. justice cooley, it said: "but for the provision of the constitution of the united states, which forbids impairing the obligation of contracts, the power to amend and repeal corporate charters would be ample without being expressly reserved. the reservation of the right leaves the state where any sovereignty would be if unrestrained ..... . it leaves the corporation, its business, and property, exactly where they would have been had the supreme court held, in the dartmouth college case, that charters are not contracts within the constitutional prohibition against legislative impairment. it accomplished nothing more, and any doctrine going beyond this would be subversive of the security by which the property of corporations is ..... like character to supply their customers at prices fixed by the municipal authorities of the locality are within the scope of legislative power unless prohibited by constitutional limitation or valid contract obligation. the constitution of a state provided that corporations might be formed under general laws, and should not be created by special act except for municipal page 110 u .....

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