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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1886 Page 1 of about 64 results (0.057 seconds)

Mar 01 1886 (FN)

Phoenix Ins. Co. Vs. Erie and W. Transp. Co.

Court : US Supreme Court

Decided on : Mar-01-1886

..... the assured, is necessary to perfect the title of the insurer. from the very nature of the contract of insurance as a contract of indemnity, the insurer, when he has paid to the assured the amount of the indemnity agreed on between them, is entitled, by way of salvage, to the benefit of anything that ..... protect them from liability for any loss occasioned by their own negligence. by the settled doctrine of this court, even an express stipulation in the contract of carriage that a common carrier shall be exempt from liability for losses caused by the negligence of himself and his servants is unreasonable and ..... insurance did not attach to these goods, were also made on that day, and described the goods as on board the propeller. the contract of carriage and the contract of insurance must therefore be treated as substantially contemporaneous, and both made before the loss of the goods. there is nothing to show ..... in consequence of those terms and conditions, or other consideration paid therefor; but the shippers had often before shipped goods by this line under similar contracts, and thereby knew, or had every opportunity of knowing, the contents of these bills of lading. the propeller completed the lading of the goods ..... may be received, either from the remnants of the goods, or from damages paid by third persons for the same loss. but the insurer stands in no relation of contract or of .....

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May 10 1886 (FN)

The Great Western

Court : US Supreme Court

Decided on : May-10-1886

..... it by others; embracing rights of actions against others for torts causing the injury, if any there be, and upon policies of insurance or other contracts of indemnity, taking effect in consequence of or notwithstanding the loss. suppose, for instance, that, after the collision which gave to the libellants the lien and ..... and immaterial to say that the policy of insurance, taken out by the owner on his interest in the ship or freight, is a contract of personal indemnity, collateral to his ownership, which does not pass by operation of law with a transfer of the title to the thing which is the ..... omitted from the corresponding 4282 of the revised statutes, that the parties, nevertheless, might extend or limit the liability of ship owners by "making such contract as they please." a reference to the debates in congress upon the bill during its progress will show that this was the only provision which excited ..... as at common law, the owners of a steamboat were liable in personam for the loss by fire of specie carried by their boat, notwithstanding a contract of exemption, the loss having occurred from want of ordinary care on the part of those engaged in the navigation of the vessel. accordingly, it ..... by the abandon of the ship and their several shares in the vessel, from all further liability for the ship enterprise, particularly for the acts and contracts of the captain. in the ship are included all gains arising during the voyage, as well as the insurance. should the ship and the freight .....

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May 10 1886 (FN)

The City of Norwich

Court : US Supreme Court

Decided on : May-10-1886

..... them to the loss of their investment. now to construe the law in such a manner as to prevent the merchant from contracting with an insurance company for indemnity against the loss of his investment is contrary to the spirit of commercial jurisprudence. why should he not be allowed to purchase such ..... indisputable truth which ought thenceforth to govern all indemnities of insurance. thus it is, for example, that m. pardessus, speaking of this question in relation to maritime credits, comes back for its solution ..... . he says: "doctrine and jurisprudence, after some hesitation, pronounced themselves, as is well known, against the existence of a privilege or hypothecation on the indemnity due from the insurer, and in that way the general principle which emerigon had adopted as the basis of his theory penetrated men's minds as an ..... loss of his vessel, and that the parties who have suffered loss from the collision by the fault of his employees should get nothing for their indemnity. this mode of contrasting the condition of the parties is fallacious. if the ship owner is indemnified against loss, it is because he has seen ..... he has already by virtue of his ownership. if it were not for a rule of public policy against wagers, requiring insurance to be for indemnity merely, he could just as well take out insurance on another's property as on his own, and it is manifest that this would give him .....

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Feb 01 1886 (FN)

Ming Vs. Woolfolk

Court : US Supreme Court

Decided on : Feb-01-1886

..... representations had been made to them by the defendant to the effect that the park ditch company had passed a resolution pledging its assets for their indemnity; that they were not induced, by the said representations of the defendant, to relinquish any security which they held -- in fact they held none ..... condition, and, moreover, have suffered no damage. the plaintiffs' counsel say, however, that the action is to be considered as based on the contract by which the defendant agreed to apply the assets of the park ditch company which came to his hands, after deducting all costs, charges, and ..... , therefore, prayed judgment against the defendant for the last-mentioned sum, with interest. the defendant, in his answer, admitted the making of the contract set out in the declaration, but denied that there was any valuable consideration therefor; denied that he had stated to the plaintiffs that the park ditch ..... from their liability to hale, represented to them that the park ditch company had passed a resolution, in conformity with the recitals in the contract above set forth, by which it had pledged the chessman note and the claim against poznainsky, and all of its resources, including all of ..... in montana territory, and in their petition stated their case substantially as follows: on september 16, 1874, the defendant made and delivered to the plaintiffs his contract in writing, or which the following is a copy: "helena, september 16, 1874" "whereas, john kinna and john h. ming have this day .....

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Apr 05 1886 (FN)

New York Mut. Life Ins. Co. Vs. Armstrong

Court : US Supreme Court

Decided on : Apr-05-1886

..... in such case to his legal representatives was intended to meet the contingency of his dying without having disposed of his interest, and not to limit his power over the contract during his life, and pass the insurance to those who should represent him after his death. the term "legal representatives" is not necessarily restricted to the personal representatives of one ..... for $6,000, but, upon the objection of the plaintiff, the testimony was excluded, and an exception taken. the court, among other things, instructed the jury in substance that the contract of insurance was divisible; that the last part, providing for the payment of the insurance money to the legal representatives of armstrong in case he should die before the expiration ..... $5,000 in the partnership, and was apprehensive that he might be charged as a general partner. if he was a special partner, the contract was not a wager policy, and as it was not a contract for the benefit of the wife of the assured, it does not fall within those cases where, for the protection of the beneficiary, the power ..... and of the statements contained therein, which, whether written by his own hand or not, every person accepting or acquiring any interest in the contract adopted and warranted to be true, and the only statements upon which the contract was made, and in further consideration of the payment of $138.60 quarterly each year during the continuance of the policy. on the .....

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Mar 01 1886 (FN)

Barney Vs. Winona and St. Peter R. Co.

Court : US Supreme Court

Decided on : Mar-01-1886

..... for six sections in width on each side of the road, subject to certain exceptions not important to be here mentioned, with a right to select indemnity lands within fifteen miles from the line of the road. in may following, the legislature of the territory authorized a company, previously incorporated, to construct ..... it is these "granted lands" of the prior grant falling within the six-mile limit that, in our opinion, are reserved, and not the possible indemnity lands which might be subsequently acquired. these granted lands of the prior grant, being in place, could be readily deducted from the four sections, also in ..... land in place. in the construction of land grant acts in aid of railroads there is a well established distinction observed between "granted lands" and "indemnity lands." the former are those falling within the limits specially designated, and the title to which attaches when the lands are located by an approved and ..... court below, however, held that for the part of the defendant's road constructed after the act of 1865, the plaintiffs were entitled, under their contract, to ten full sections per mile, without any deduction for the lands which were located at the intersection of the road with the road of the ..... be 105 miles, but in fact only 102 miles and a fraction of a mile. this suit was brought to enforce the specific performance of this contract, and the only question between the parties was as to the quantity of land to be conveyed under it. by the act of 1857, lands .....

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Nov 08 1886 (FN)

Kansas City, L. and So. Kans. R. Co. Vs. Attorney General

Court : US Supreme Court

Decided on : Nov-08-1886

..... grant, which was completed in due time, and asserted a claim before the commissioner of the general land office for the lands now in question as indemnity for others lost by the previous sale, appropriation, or other disposition of them, under the clause above cited in the act of 1866. these lands ..... the equitable interest in the lands which it had earned by building the road, in accordance with the provisions of all the statutes and all the contracts made upon the subject. if there be any informality in the attempt of the secretary of the interior and of the state of kansas to confer ..... construction of the statutes. it is true that when the missouri, kansas and texas railroad company made its application for the lands now in controversy as indemnity lands, it asserted rights under the acts of 1863 and 1864 by virtue of the assignment of the atchison, topeka and santa fe railroad company, and ..... and fort gibson railroad, and this is the road built by the missouri, kansas and texas railroad company under the act of 1866, and under its contract with the atchison, topeka and santa fe railroad company and the grants of the state of kansas. now it is a strained construction of the act ..... so what amount, were not found subject to the act by reason of previous disposition under the homestead or preemption laws or reservations, and to select the indemnity lands. they have accordingly, both in the bill and in argument, set up the facts which they suppose to show the invalidity of these transfers. .....

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Jan 04 1886 (FN)

Mower Vs. Fletcher

Court : US Supreme Court

Decided on : Jan-04-1886

..... date, with interest at the rate of one percent per month, taking back from fletcher an agreement for a conveyance of the land on payment of the note. under this contract, mower took possession of the land he bought, and on the 12th of march, 1876, made and filed with the register of the proper land office a declaratory statement of ..... from the state a long time before. the title thus acquired by squiers afterwards passed to the defendant in error fletcher, who, on the 20th december, 1875, entered into a contract with mower, the plaintiff in error, for the sale of the w. 1/2 of the s.w. 1/4 of the n.w. 1/4, twenty acres, for $1 ..... hundred trees, fifteen years old, and a dwelling house, corrals, and out houses, all put there by squiers. on the first of march, 1877, congress passed an act "relating to indemnity school selections in the state of california." 19 stat. 267, c. 81. section 2 of that act is as follows: "sec. 2. that where ..... indemnity school selections have been made and certified to said state, and said selection shall fail by reason of the land in lieu of which they were taken not being included ..... , 1877, confirmed the state's title and made that of fletcher good when the note of mower to him fell due and when he was bound to convey under his contract. the judgment in each of the cases is affirmed. .....

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Apr 26 1886 (FN)

Pennsylvania R. Co. Vs. St. Louis A. and T.H. R. Co.

Court : US Supreme Court

Decided on : Apr-26-1886

..... the installments become due, is an adequate remedy, and is all that the defendants are liable for. but we cannot concur in this view of the matter. if the contracts are valid contracts, and the complainant has the rights which are guaranteed to it under them, such relief is very inadequate. to sue for every monthly installment of rent, even if the ..... to bring action after action for damages at every stage of this depreciation. these suits would be vexatious, unsatisfactory, expensive, and the relief would be inadequate. a clause in the contract requires the lessee to keep regular accounts of all the matters essential to complainant's rights. the examination of these accounts by a master is eminently appropriate, rather than by ..... the line of road between indianapolis and st. louis was thus made complete. this company was called the indianapolis and st. louis railroad company, and it executed the contract of lease with the complainant company, september 11, 1867. at the same time, the guaranteeing companies, except the pennsylvania company, executed a new guarantee as a substitute for the former ..... company, and in like manner they would guarantee the performance of its obligations in the lease. what occurred was that the terre haute and indianapolis company refused to execute the contract of lease, and another corporation was organized, under the influence and control of these guaranteeing companies, to build the seventy miles of road between indianapolis and terre haute, and .....

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Nov 08 1886 (FN)

Harkness Vs. Russell

Court : US Supreme Court

Decided on : Nov-08-1886

..... served the attachment. the case was fully argued, and the authorities pro and con duly considered by the court, which sustained the condition expressed in the contract and affirmed the judgment for the plaintiff. see also sanders v. keber, 28 ohio st. 630. the same law prevails in indiana: shireman v. ..... 64 penn.st. 499." but, as the learned judge adds: "this distinction is discredited by the great weight of authority, which puts possession under a conditional contract of sale and possession under a bailment on the same footing -- liable to be assailed by creditors and purchasers for actual fraud, but not fraudulent per se. ..... of appeals held that the title did not pass out of herring. paige, j., said:" "whenever there is a condition precedent attached to a contract of sale which is not waived by an absolute and unconditional delivery, no title passes to the vendee until he performs the condition or the seller ..... the two formulated rules of lord blackburn a third rule which is supported by many authorities, to-wit: "(3) where the buyer is by the contract bound to do anything as a condition, either precedent or concurrent, on which the passing of the property depends, the property will not pass until ..... property be given to the proposed purchaser. the rule is formulated in the textbooks and in many adjudged cases. in lord blackburn's treatise on the contract of sale, published forty years ago, two rules are laid down as established: (1) that where, by the agreement, the vendor is to .....

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