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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1888 Page 1 of about 63 results (0.344 seconds)

Nov 12 1888 (FN)

Central Bank of Washington Vs. Hume

Court : US Supreme Court

Decided on : Nov-12-1888

..... an event which is sure at some time to happen in consideration of the payment of the premiums as stipulated, nevertheless the contract is also a contract of indemnity. if the creditor insures the life of his debtor, he is thereby indemnified against the loss of his debt by the death of the ..... life, and can protect himself accordingly if he so chooses. marine and fire insurance is considered as strictly an indemnity, but while this is not so as to life insurance, which is simply a contract, so far as the company is concerned, to pay a certain sum of money upon the occurrence of ..... a decree therefor, as well as for the amount of the maryland and connecticut policies and the premiums paid thereon. it is not denied that the contract of the maryland insurance company was directly between that company and mrs. hume, and this is, in our judgment, true of that of the connecticut ..... their legal representatives. the application for this policy was signed "annie g. hume, by thomas l. hume." it was expressly provided as part of the contract that the policy was issued and delivered at hartford, in the state of connecticut, and was "to be in all respects construed and determined in accordance ..... debtor before payment, yet if the creditor keeps up the premiums, and his debt is paid before the debtor's death, he may still recover upon the contract .....

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Apr 23 1888 (FN)

United States Vs. Louisiana

Court : US Supreme Court

Decided on : Apr-23-1888

..... v. county of adams, 100 u. s. 61 . in that case, the county of adams had made a contract with the emigrant company to convey to it the county's swamp lands and claim for indemnity against the united states on account of swamp lands which had been sold by the united states, and had given a deed ..... at the dates stated in finding 1, admitted and certified the above sums to be due to the state on account of the 5 percent fund and the indemnity for swamp lands purchased by individuals within the state, but directed those amounts to be credited on moneys due the united states, as stated in finding 3, ..... wright county, with the assent of a majority of the voters of the county, having contracted in writing with the emigrant company to sell to it all the swamp lands in the county, and the claim of the county for indemnity against the united states for swamp lands which had been sold by the united states, and ..... in pursuance of the contract. it afterwards filed a bill to rescind the contract and the deed, and obtained in the circuit court a ..... having executed a deed of a quantity of the lands to the company, the county filed a bill in equity to set aside the contract and deed, and obtained a decree to .....

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Jan 09 1888 (FN)

Lawson Vs. Floyd

Court : US Supreme Court

Decided on : Jan-09-1888

..... tract of land herein mentioned, sold by the said lawson to said floyd, estimated to contain 1,000 acres, shall be in said johnston, as an indemnity to him, which is described as follows, viz., all the land owned by said lawson lying below kezer's branch above aracoma, lying back of the ..... , and therefore of considerable value, while the larger part of it ran up on to the mountain ridges. in accordance with this understanding, the original contract states that "lawson is to make the said floyd a deed, with general warranty and relinquishment of dower, to the above described property, except one recent ..... in a case of this kind, it is eminently proper to consider the circumstances surrounding the parties, and which would probably influence them in making the contract at the time it was entered into. these, we think, throw much light on the question in this case, and leave but little doubt that ..... deceive him; that, before bringing this suit, he (the plaintiff) had an accurate survey made of the land according to the boundaries mentioned in the contract, and that instead of there being a thousand acres, as represented by lawson, there were only 592 acres, leaving a deficiency of 408 acres. he claims ..... it was agreed that the property and control of the land should be in johnston as an indemnity to him for the payment of this purchase money. this agreement is marked exhibit b in the bill, and is as follows: "this contract, made this third day of august, 1871, between anthony lawson, geo. r. c. .....

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Oct 29 1888 (FN)

Culliford Vs. Gomila

Court : US Supreme Court

Decided on : Oct-29-1888

..... sail grade, very good. may we draw on you for same?" "de wolf & hammond" "to which the following answer was made:" "july 4" " consult indemnity lawyer, mcconnell. if he approves, dispatch deronda; give bail, if necessary. first telegram simply means paying difference value alleged short shipment; save delay." "culliford & clark" ..... co. cannot have the same benefit as if those provisions had been inserted. the court is bound to give effect to the stipulations of the contract, but not to provisions which the parties deliberately omitted to insert after attention had been directed to them. this ruling is in harmony with the ..... and therefore are liable to the said libellants for the amount of damages suffered by the latter from inability to sell and deliver under the grain contract with forestier & co." "3d. that the amount of such damages was the sum of $23,993.76." "4th. that libellants should have ..... messrs. de wolf & hammond, and gomila & co., had opened negotiations for a charter on the 16th of june. gomila & co., having the contract aforesaid with forestier & co., insisted on owner's guarantee that the deronda would carry 10,000 quarters of 480 lbs., whereupon the following cable dispatch was ..... each; that the respondents wholly failed to comply with the said guarantee; that, in consequence thereof, the libellants were prevented from fulfilling their contract of sale of the 10,000 quarters of corn of 480 pounds each, with special reference to which they had entered into the charter party .....

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Apr 30 1888 (FN)

United States Ex Rel. Angarica Vs. Bayard

Court : US Supreme Court

Decided on : Apr-30-1888

..... of the proceeds is beyond dispute;" that congress exercised its discretion in regard to the payment of interest in the case of the japanese indemnity fund and in the case of the alabama claims fund; that it is res adjudicata that the secretary of state has no discretionary power to ..... had renounced his allegiance to the united states. and it is further agreed that the arbitrators shall not have jurisdiction of any demands growing out of contracts. " "6. the expenses of the arbitration will be defrayed by a percentage to be added to the amount awarded. the compensation of the arbitrators ..... be predicated in this case upon the language of any notification or circular or letter which issued from the department of state. no binding contract for the payment of interest was thereby created, and the present secretary was at liberty to act on his own judgment in the premises, ..... established as a general rule in the practice of the government that interest is not allowed on claims against it, whether such claims originate in contract or in tort and whether they arise in the ordinary business of administration or under private acts of relief, passed by congress on special application ..... any notification, or circular or letter which issued from the department of state during the administration of a predecessor of the secretary, no binding contract for the payment of interest was thereby created, and the present secretary was at liberty to act on his own judgment, irrespective of anything contained .....

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Mar 19 1888 (FN)

Bank of Redemption Vs. Boston

Court : US Supreme Court

Decided on : Mar-19-1888

..... said taxes the corporation has a lien on all the shares in the bank, and on all the rights and property of the shareholders in the corporate property, as an indemnity. it further appears from a comparison of the statutes on the subject that the action given by 9, for the recovery of the taxes, with interest at twelve percent per ..... , and the said tax, with interest thereon at the rate of twelve percent per annum from the day when the tax became due, may be recovered in an action of contract brought by the treasurer of such city or town." "sec. 10. the shares of such banks or other corporations shall be subject to the tax paid thereon by the corporation ..... in the bank of the plaintiff in error which are owned by other national banks on the same footing with all other shares. this was an action at law in contract to recover taxes alleged to have been illegally assessed. judgment for defendant. plaintiff sued out this suit of error. the case is stated in the opinion of the court. page .....

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May 14 1888 (FN)

Arkansas Valley Smelting Co. Vs. Belden Mining Co.

Court : US Supreme Court

Decided on : May-14-1888

..... the plaintiff since this assignment. performance and readiness to perform by the plaintiff and its assignors, during the periods for which they respectively held the contract, is all that is alleged; there is no allegation that billing is ready to pay for any ore delivered to the plaintiff. in short, ..... . the rule upon this subject, as applicable to the case at bar, is well expressed in a recent english treatise: "rights arising out of contract cannot be transferred if they are coupled with liabilities, or if they involve a relation of personal confidence such that the party whose agreement conferred those ..... which manifests the intention of the parties that it shall not be assignable. but everyone has a right to select and determine with whom he will contract, and cannot have another person thrust upon him without his consent. in the familiar phrase of lord denman, "you have the right to the ..... code of civil procedure 3; albany & rensselaer co. v. lundberg, 121 u. s. 451 . the vital question in the case therefore is whether the contract between the defendant and billing and eilers was assignable by the latter, under the circumstances stated in the complaint. at the present day, no doubt, an agreement ..... company, by continuing to deliver ore to one of the partners after the partnership has been dissolved and has sold and assigned to him the contract, with its business and smelting works, estopped to deny the validity of a subsequent assignment by him to a stranger. this was an action .....

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Mar 19 1888 (FN)

Maynard Vs. Hill

Court : US Supreme Court

Decided on : Mar-19-1888

..... which follows the information obtained, void as a judicial act because it may recite the cause of its passage. many causes may arise, physical, moral, and intellectual -- such as the contracting by one of the parties of an incurable disease like leprosy, or confirmed insanity, or hopeless idiocy, or a conviction of a felony, which would render the continuance of the ..... the morals and civilization of a people than any other institution, has always been subject to the control of the legislature. that body prescribes the age at which parties may contract to marry, the procedure or form essential to constitute marriage, the duties and obligations it creates, its effects upon the property rights of both, present and prospective, and the ..... made or have force in said territory that shall in any manner whatever interfere with or affect private contracts or engagements bona fide and without fraud, previously formed," which clause was, by the organic act of oregon, enacted and made applicable to the inhabitants of that territory. under ..... public authority. legislation, therefore, affecting this institution and annulling the relation between the parties is not within the prohibition of the constitution of the united states against the impairment of contracts by state legislation. nor is such legislation prohibited by the last clause of article 2 of the ordinance of the northwest territory, declaring that "no law ought ever to be .....

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Jan 30 1888 (FN)

Western Union Tel. Co. Vs. Hall

Court : US Supreme Court

Decided on : Jan-30-1888

..... in the application of the rule to similar cases, where there has been delay in delivering by a carrier which amounts to a breach of contract, the plaintiff is not always entitled to recover the full amount of the damage actually sustained; prima facie the damages which he is entitled to ..... the familiar rules on this subject are all subordinate to these. for instance, that the damages must flow directly and naturally from the breach of the contract is a mere mode of expressing the first, and that they must be not the remote, but proximate, consequence of such breach, and must ..... defendant bound only to the exercise of slight care or to the exercise of ordinary care?" "3d. under the contract legally existing between plaintiff and defendant, whereby the defendant assumed the duty of forwarding said message, the same being an unrepeated message, can the defendant ..... the same, and that it is only liable to the plaintiff in damages in case of gross negligence on its part?" "2d. under the contract legally existing between the plaintiff and defendant whereby the latter assumed the duty of forwarding said message, the same being an unrepeated message, was the ..... when necessary to reach its destination. correctness in the transmission of message to any point on the lines of this company can be insured by contract in writing, stating agreed amount of risk and payment of premium thereon at following rates, in addition to the usual charge for repeated messages, .....

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Jan 09 1888 (FN)

Hinchman Vs. Lincoln

Court : US Supreme Court

Decided on : Jan-09-1888

..... waive the condition of a previous payment of the consideration and to authorize van renesselaer to deliver the securities to the defendant without performance of the contract on the part of the latter, and that the bringing of the present action was such a waiver. if, in point of fact, van ..... pursuance of his demand. taken together, they do not constitute either the assertion or exercise of any right in respect to the securities under any contract of sale between the plaintiff and the defendant as individuals. it is quite true, and the authorities so declare, that the receipt and acceptance by ..... renesselaer for the immediate return of the securities to him on the ground that up to that time, the defendant had refused to fulfill his contract for their purchase. this is certainly an unequivocal act on the part of the plaintiff entirely inconsistent with the assertion that there had been, prior ..... are also fully met by the well established rule that mere words are not sufficient to constitute a delivery and acceptance which will take a verbal contract of sale out of the statute of frauds. shindler v. houston, ubi supra. the next item of evidence in support of the plaintiff's ..... words are not sufficient. bailey v. ogden, 3 johns. 421, 3 amer.dec. 509. . . . in a word, the statute of fraudulent conveyances and contracts pronounces these agreements, when made, void unless the buyer should 'accept and receive some part of the goods.' the language is unequivocal, and demands the action of both .....

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