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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1884 Page 4 of about 66 results (0.066 seconds)

Apr 21 1884 (FN)

Ames Vs. Kansas

Court : US Supreme Court

Decided on : Apr-21-1884

..... from there to make its connection with the union pacific at cheyenne, over the road of the denver pacific railway and telegraph company, a colorado corporation; power being given to contract with the last-named company for that purpose. on the same day, a joint resolution was passed by congress, no. 23, 15 stat. 348, authorizing the union pacific railroad company ..... of congress, and to make the said acts of congress the charter or constituent acts of this company, as fully as if the same were incorporated herein at large." the contract then appointed directors of the new company, and the place for holding the annual meeting of stockholders, until otherwise ordered, was fixed at the company's office in the city .....

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Apr 07 1884 (FN)

Teal Vs. Walker

Court : US Supreme Court

Decided on : Apr-07-1884

..... vendee, and, although not expressly prohibited by law, yet, like all contracts opposed to the public policy of the state, it cannot be enforced. railroad company v. lockwood, 17 wall. 357; bank of kentucky v. adams express company, ..... teal would, upon default in the payment of the note secured by the mortgage, deliver to hewett, the trustee, the possession of the mortgaged premises. that contract was contrary to the public policy of the state of oregon, as expressed in the statute just cited, and was not binding on the mortgagor or his ..... had a receiver appointed. the court said, in delivering judgment in this case: "a mortgagor of real estate is not liable for rent while in possession. he contracts to pay interest, not rent." so in kountze v. omaha hotel company, 107 u. s. 378 , it was said by the court, speaking of the ..... lease is subsequent to the mortgage, the rule is well settled in this country that, as no reversion vests in the mortgagee, and no privity of estate or contract is created between him and the lessee, he cannot proceed, either by distress or action, for the recovery of the rent. mayo v. shattuck, 14 pick. ..... , 2 ohio, 223, vols. 1 and 2 (2d ed.) 372. the rights of the parties are therefore the same as if the defeasance contained no contract for the delivery of the possession. we believe that the rule is, without exception, that the mortgagee is not entitled to demand of the owner of the .....

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Mar 17 1884 (FN)

Walsh Vs. Mayer

Court : US Supreme Court

Decided on : Mar-17-1884

..... deducting the whole amount of interest paid from the face of the note. in the view we take, it does not become necessary to decide whether the contract ought to be governed by the law of louisiana or that of mississippi, for we are of opinion that the decree in this particular is erroneous according ..... was regarded as a partnership obligation. upon the question of the application of the illegal interest paid in reduction of the principal, the circuit court held that the contract, as to interest, was governed by the law of louisiana; that, by the terms of that law, rev.stat. 269, "the amount of conventional interest ..... upon the property so purchased, which was executed and recorded on the 20th of february, 1866. page 111 u. s. 33 that at the time said contract was made, it was agreed and understood between the parties that the deferred payments were intended by said barnes as an investment, and that so long as ..... to take it out of the operation of the statute is signed in the partnership name, it is a sufficient acknowledgment if the note was an obligation contracted for partnership purposes and if it can be legitimately inferred from the facts that the firm was the agent of all the makers for the purpose of ..... the time of such payment." by the mississippi code, 1871, 2279, the legal rate of interest is fixed, in the absence of contract, at six percent per annum "but contracts may be made in writing for the payment of a rate of interest as great as ten percent per annum. and if a greater .....

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Jan 14 1884 (FN)

Allen Vs. Withrow

Court : US Supreme Court

Decided on : Jan-14-1884

..... in the same manner as deeds of conveyance; but this provision does not apply to trusts resulting from the operation or construction of law." the statute also enumerates, among the contracts in reference to which no evidence is competent unless it be in writing, and signed by the party or his lawfully authorized agents, "those for the creation or transfer of ..... executed to withrow a deed of all the interest which he then had, or which might thereafter accrue to him, in the lands, notes, and bills receivable arising from the contracts, declaration of trust, and assignments mentioned. this deed recites the original agreement between allen and the two cooks, the subsequent declaration by ebenezer cook of the interest of withrow, johnson ..... in trust for tracey, his heirs and assigns. subsequently, in october, 1872, withrow, for the nominal consideration of one dollar, executed to tracey a transfer of his interest in this contract and declaration of trust. in december following, johnson executed to tracey a similar transfer upon a like consideration. page 110 u. s. 123 withrow testifies that this transfer was made ..... property, and the expenses incurred, and then pay the advances made for the purchase of the property, and that the money and property remaining in his possession, including notes and contracts, after such payments, should be regarded as net profits, and be divided in kind, or converted into money and then distributed, and in either event according to the respective interests .....

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May 05 1884 (FN)

Thompson Vs. First National Bank of Toledo

Court : US Supreme Court

Decided on : May-05-1884

..... , and baron parke, in explaining his ruling at the trial, said: "i told the jury that the page 111 u. s. 540 defendant would be liable if the debt was contracted while he was actually a partner, or upon a representation of himself as a partner to the plaintiff, or upon such a public representation of himself in that character as ..... of the common bench in waugh v. carver, chief justice eyre said "now a case may be stated in which it is the clear sense of the parties to the contract that they shall not be partners; that a. is to contribute neither labor nor money; and, to go still further, not to receive any profits. but if he will lend ..... partner and who has no interest in the partnership cannot, by reason of having held himself out to the world as a partner, be held liable as such on a contract made by the partnership with one who had no knowledge of the holding out. this action was brought by the first national bank of toledo, ohio, a national banking association ..... be charged for its debts because of having held himself out or permitted himself to be held out as a partner cannot be made liable upon contracts of the partnership except with those who have contracted with the partnership upon the faith of such holding out. in such a case, the only ground of charging him as a partner is that, by .....

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Mar 03 1884 (FN)

Slidell Vs. Grandjean

Court : US Supreme Court

Decided on : Mar-03-1884

..... , perfect or imperfect. in soulard v. united states, this court said it "comprehends every species of title, inchoate or complete. it is supposed to embrace those rights which lie in contract -- those which are executory as well as those which are executed. in this respect, the relation of the inhabitants to their government is not changed. the new government takes the .....

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Jan 21 1884 (FN)

Redfield Vs. Ystalyfera Iron Company

Court : US Supreme Court

Decided on : Jan-21-1884

..... , that the jury might add interest, the plaintiff ordinarily being entitled to it from the time of the illegal exaction. but where interest is recoverable not as part of the contract, but by way of damages, if the plaintiff has been guilty of laches in unreasonably delaying the prosecution of his claim, it may be properly withheld. bann v. dalzell, 3 ..... money demands as damages for delay in payment, being just compensation to the plaintiff for a default on the part of his debtor. where it is reserved expressly in the contract, or is implied by the nature of the promise, it becomes part of the debt, and is recoverable as of right; but when it is given as damages, it is ..... entry of judgment. held that under these circumstances, interest should run only from the entry of the judgment. 3. interest is recoverable of right when it is reserved in the contract, but when it is given as damages, it is within the discretion of the court to allow or disallow it, and it will not be allowed if the plaintiff has .....

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Mar 29 1884 (FN)

Canal Bank Vs. Hudson

Court : US Supreme Court

Decided on : Mar-29-1884

..... profits and the value of the improvements so found; . . . but no defendant shall be entitled to such compensation for improvements unless he shall claim the premises under some deed or contract of purchase made or acquired in good faith." the supreme court of mississippi interpreted this statute in 1876 in cole v. johnson, 53 miss. 94, in a suit in chancery .....

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Jan 07 1884 (FN)

GoodwIn Vs. Colorado Mortgage Inv. Co. of London

Court : US Supreme Court

Decided on : Jan-07-1884

..... , "being the head of a family, shall be entitled to a homestead not exceeding in value the sum of $2,000, exempt from execution and attachment arising from any debt, contract, or civil obligation entered into or incurred after the first day of february, in the year of our lord 1868," 1; that "to entitle any person to the benefits of .....

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Nov 03 1884 (FN)

Horbach Vs. Hill

Court : US Supreme Court

Decided on : Nov-03-1884

..... it averred that the transaction was in any respect different from what the instruments imported -- a sale to the son. the agreement can therefore be considered only as an independent contract to reconvey the lots on certain conditions. the assumption that the conveyance of the father to the son was a mortgage being unfounded, the objection to the purchase by kennedy .....

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