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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1884 Page 5 of about 66 results (0.085 seconds)

May 05 1884 (FN)

Burnham Vs. Bowen

Court : US Supreme Court

Decided on : May-05-1884

..... v. bowen argued april 10, 1884 decided may 5, 1884 111 u.s. 776 appeal from the circuit court of the united states for the district of iowa syllabus debts contracted by a railroad corporation as part of necessary operating expenses (for fuel, for example), the mortgage interest of the company being in arrear at the time, are privileged debts, entitled .....

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Nov 17 1884 (FN)

Labette County Commissioners Vs. Moulton

Court : US Supreme Court

Decided on : Nov-17-1884

..... ancillary to the judgment which gives jurisdiction, and, when issued, becomes a substitute for the ordinary process of execution to enforce the payment of the same, as provided in the contract." an ordinary execution upon a judgment at law commands the officer to whom it is addressed to perform a series of acts -- to levy on goods and chattels, lands and .....

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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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Mar 03 1884 (FN)

Five Percent Cases

Court : US Supreme Court

Decided on : Mar-03-1884

..... be "a transmutation of property from one man to another in consideration of some price." 2 blackstone 446. and kent says "a sale is a contract for the transfer of property from one person to another for valuable consideration, and three things are requisite to its validity, viz., the thing sold, ..... purpose, for the term of three years from and after the dates of the patents respectively." "approved march 3, 1845." the legal expression of this contract is that the state of iowa has the right to tax all the lands of the government as soon as the government sells them. she may ..... result of a negotiation; of items accepted and others rejected in that negotiation. it was a fair bargain between competent parties. the fifth item of this contract is as follows: " fifth. that five percent of the net proceeds of sales of all public lands lying within the said state, which have been ..... the question before us is not whether the promise by the government of a bounty in land or money to persons entering the military service is a contract for valuable consideration, but whether, when carried into effect, it constitutes a sale by the government, and it is quite clear that land granted ..... which is the object of the contract, the price, and the consent of the contracting parties." 2 kent 468. and though there is some controversy whether, in reference to personal property, the consideration is not to be .....

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Jan 21 1884 (FN)

Bissell Vs. Spring Valley Township

Court : US Supreme Court

Decided on : Jan-21-1884

..... a hearing, certainly, in respect to bonds previously issued, it would be open to the gravest objections on constitutional grounds, for if a law cannot impair the obligation of a contract, neither can it create one, or by a mere fiat take from a party an existing and meritorious defense. it appears, then, by the record in this cause that the ..... . the fifteenth section is as follows: "sec. 15. that the holder of bonds heretofore issued or that page 110 u. s. 171 may hereafter be issued in pursuance of any contract heretofore made under any law of this state may have the benefits of this act by having such bonds registered in the office of said auditor of state as provided .....

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Dec 22 1884 (FN)

United States Vs. Great Falls Mfg. Co.

Court : US Supreme Court

Decided on : Dec-22-1884

..... never recognized the property as private property taken by its agents for public use, it could not be held liable for its value as upon implied contract. in the same case it was said: "we are not prepared to deny that when the government of the united states, by such formal ..... use the property of the claimant? the answer to this question will determine whether the present demand of the claimant arises out of an implied contract, and therefore enforceable by suit against the united states in the court of claims. it seems clear that these property rights have been held and ..... of solid masonry and for paying the existing liabilities and the expenses connected with the engineering, superintendence, and repairs of the aqueduct. immediately thereafter, a contract was made for the construction of that dam. in his next annual report, under date of december 5, 1864, the secretary informed congress that the ..... , superintendence, and repairs of said aqueduct." 13 stat. 384, c. 244. on the 30th of july, 1864, the united states entered into a contract for the construction of that dam, and, proceeding to construct it, took possession of so much of conn's island as was required for the purpose of ..... with the constitutional duty of the government, as well as with common justice, the owner's claim for compensation is one arising out of implied contract within the meaning of the statute defining the jurisdiction of the court of claims, although there may have been no formal proceedings for the condemnation .....

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Nov 03 1884 (FN)

Elk Vs. Wilkins

Court : US Supreme Court

Decided on : Nov-03-1884

..... no indian nation or tribe within the territory of the united states shall be acknowledged or recognized as an independent nation, tribe, or power with whom the united states may contract by treaty" is coupled with a provision that the obligation of any treaty already lawfully made is not to be thereby invalidated or impaired, and its utmost possible effect is .....

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Nov 03 1884 (FN)

Adams County Vs. Burlington and Missouri R. Co.

Court : US Supreme Court

Decided on : Nov-03-1884

..... thereon. "that on the 17th day of june, 1869, the said plaintiff, for the purpose of inducing defendant to bring said lands into market, made and entered into a written contract, whereby she expressly recognized defendant's ownership of said lands, and agreed, in consideration of defendant's bringing said lands into market and selling the same to settlers, to remit ..... every reason to believe, from the acts and conduct of the plaintiff, that she had acquiesced in the decision of said commissioner, and abandoned all claim to said lands, defendant contracted with said preemptors, and with the knowledge of the plaintiff, and without any objections being made by said plaintiff, defendant sold and conveyed by warranty deed parcels of said land ..... 25th day of october, 1861, would, with the legal interest thereon, amount to about ten thousand dollars. that prior to the 25th of october, 1861, the county had assumed to contract portions of said land to certain individuals under the preemption laws, and some of said preemptors had taken possession of said land, and made valuable improvements thereon, but that plaintiffs .....

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Mar 24 1884 (FN)

Taylor Vs. Bowker

Court : US Supreme Court

Decided on : Mar-24-1884

..... this suit was barred by limitation. the revised statutes of maine in force when it was brought provided that "all actions of assumpsit or upon the case, founded on any contract or liability, express or implied," should be commenced "within six years next after the cause of action accrues, and not afterwards." rev.stat. maine, 1857, c. 81, 92. the judgment ..... the received principles of equity cannot be controlled by any limitation prescribed by the state in actions of page 111 u. s. 114 assumpsit or upon the case, founded on contract or liability, express or implied. without entering upon a discussion of that question, and assuming, for the purposes of this case only, that the circuit court, in analogy to the .....

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