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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1889 Page 1 of about 63 results (0.056 seconds)

Mar 05 1889 (FN)

Liverpool and Great Western Steam Co. Vs. Phenix Ins. Co.

Court : US Supreme Court

Decided on : Mar-05-1889

..... subrogation of the libellant to the rights of the shippers against the carrier presents no serious difficulty. from the very nature of the contract of insurance as a contract of indemnity, the insurer, upon paying to the assured the amount of a loss, total or partial, of the goods insured, becomes, without ..... the goods are to be delivered at liverpool and the freight and primage therefore payable there in sterling currency do not make the contract an english contract or refer to the english law the question of the liability of the carrier for the negligence of the master and crew in ..... american, both parties must be presumed to have submitted themselves to the law there prevailing, and to have agreed to its action upon their contract. the contract is a single one, and its principal object, the transportation of the goods, is one continuous act, to begin in the port of ..... they dealt, and that such law ought therefore to prevail in the absence of circumstances indicating a different intention, as, for instance, that the contract is to be entirely performed elsewhere, or that the subject matter is immovable property situated in another country, and so forth, which latter, though ..... and in respect to her seaworthiness and outfit and everything within the reasonable limits of skill and foresight, the respondent fully complied with its contract of affreightment, and with all the requirements of law. as to the allegations of the libel concerning insurance and subrogation, the answer averred that .....

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Jan 14 1889 (FN)

inman Vs. South Carolina Ry. Co.

Court : US Supreme Court

Decided on : Jan-14-1889

..... , for that would be to allow the carrier to decline the discharge of its duties and obligations as such, unless furnished with indemnity against the consequences of failure in such discharge. refusal by the owners to enter into a contract so worded would furnish no defense to an action to compel the company to carry, and submission to such a requisition would ..... loss had been incurred, the companies signed certain memoranda by which the face of the insurance was reinstated, proofs of loss waived, and provision made for postponing the question of indemnity until the owners, if the carrier refused to pay, had used effort to collect, without prejudice to the owners' claims against the insurance companies. but this falls far short ..... carrier is in legal effect primary and that of the insurer secondary, yet the insured can, in the absence of provisions otherwise controlling the subject, insist upon proceeding, under his contract first against the party secondarily liable, and when he does so is bound in conscience to give to the latter the benefit of the remedy against the party principal; but ..... railroad company receiving it, and by the connecting roads, which bills of lading, and the conditions, stipulations, and agreements thereof, were received and accepted by the plaintiffs, and constitute the contract between them and the defendant," that the cotton was received "subject to the conditions, stipulations, and agreements of said bills of lading," and that the 248 bales were destroyed by .....

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Apr 22 1889 (FN)

Wilson Vs. Edmonds

Court : US Supreme Court

Decided on : Apr-22-1889

..... at ten percent, to-wit, one for forty thousand dollars, and one for four thousand dollars, of same date as this memorandum, and as a further guaranty and indemnity to edmonds. this contract shall terminate upon notice by either party or upon death of either, and then all the moneys so invested shall be returned to said edmonds, with interest to extent ..... were, and how long they continued; that he might state what was the consideration for the two notes, and when it arose, and that he might set forth any written contract between him and squier in relation to any business transaction between them, and when and how he became possessed of the securities referred to, and the particulars of the payments ..... a partnership between the parties as to the particular venture or investment of the money in the securities in question, such a contract of partnership did not connect the defendant with the general business of squier & co.; that the contract was that, in consideration of certain moneys placed by the defendant in the hands of squier, he would purchase for the defendant .....

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May 13 1889 (FN)

Allman Vs. United States

Court : US Supreme Court

Decided on : May-13-1889

..... the first route from six to seven per week, it was reduced back to six, and one month's extra pay allowed to the contractor as indemnity for the discontinuance. the petition sets up a demand for the 50 percent thereon, which has been withheld by the postmaster general. page 131 u. ..... with the provisions of 3960 and 3961, is this: section 3960 treats the rate of pay for additional service as definitely fixed by the original contract, and under its provisions the compensation which the contractor is to receive for each extra trip placed upon his route is to bear an exact ..... recited, and directed that the 50 percent paid to the contractor for such service should be computed upon the service rendered at the time the contracts were entered into before any additional trips had been ordered on either route, and not upon the service as actually expedited. this order making the ..... in the exercise of authority expressly reserved in these contracts, by successive orders increased the number of trips per week on both routes, on the first by raising the number from six to seven trips per ..... the petition that the appellant carried the mails for four years over each of two routes, no. 46,210 and no. 46,211, under these contracts entered into with the postmaster general, and in conformity to the orders subsequently issued by him. whilst the services were being rendered, the postmaster general, .....

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May 15 1889 (FN)

Douglass Vs. Lewis

Court : US Supreme Court

Decided on : May-15-1889

..... upon a grantor, notwithstanding he has warranted generally in the conveyance, yet the rule is there equally well settled that the statutory covenant of seisin is merely a covenant for indemnity, and that nominal damages only are recoverable until the estate conveyed is defeated or real injury sustained. dickson v. desire's adm'r, 23 mo. 151; collier v. gamble, 10 ..... is strengthened that where one is expressly inserted in the deed the other ought not to be implied. page 131 u. s. 88 lewis and wife had the right to contract that their grantee should not hold possession of the property and at the same time compel them to return the purchase money, and in either aspect there could be no .....

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Nov 18 1889 (FN)

Yazoo and Mississippi Valley R. Co. Vs. Thomas

Court : US Supreme Court

Decided on : Nov-18-1889

..... the act of 1888 be regarded as simply putting in force revenue laws existing at the date of the company's charter, rather than itself imposing taxes, for if the contract existed, those laws became inoperative, and would be reinstated by the act of 1888. the motion to dismiss the writ of error is therefore overruled. by the eighth section of ..... opinion of the court. the supreme court of mississippi did not put its decision upon the ground that it was not competent under the state constitution for the state to contract with the company that the latter should not be subjected to taxation, but upon the ground that the exemption claimed could not be allowed. the taxes in question were assessed ..... property of the company incident to its railroad operations was exempted from taxation, and it was averred that the charter, as respects the exemption claimed, was a contract "irrevocable, and protected by the contract clause of the constitution of the united states; that the unwarranted application of the general laws subsequently passed, as well as the application of the general laws in ..... or charter, yet the supreme court held that this company is not exempt, and is embraced within the act, so that if a contract of exemption is contained in the company's charter, then the obligation of that contract is impaired by the act of 1888, which must be considered, under the ruling of the supreme court, as intended to apply to .....

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May 13 1889 (FN)

Thompson Vs. Hubbard

Court : US Supreme Court

Decided on : May-13-1889

..... , or rescinded, and no words were used in reference thereto which could be considered by thompson to be a rescission, or an implied rescission, or an intended rescission, of the contract; that thompson and hubbard at all times considered the sale of the manning book, including plates, cuts, copyright, etc., and the payment therefor, as complete, when the promissory notes were ..... books to thompson in smaller quantities and at shorter notice than was provided in the agreement, should be settled finally; that it was agreed between thompson and hubbard that the contract between them was that the price to be paid by hubbard for "complete electrotype plates, stock book, copyright, originals of illustrations, and stamps for binding" was $4,000; that the ..... greater value than $10,000; that hubbard, falsely pretending to have made a memorandum in writing, with pencil, on paper, containing an outline of the terms and considerations of the contract thereafter to be entered into, a copy of which memorandum written by hubbard is exhibit a to the bill, represented to thompson that such memorandum was incomplete, but contained the ..... person as the result of a completed transaction between them, independently of all agreements in regard to other matters, the consideration for the sale's having been paid and the contract's having never been rescinded. the grantee having sued the grantor for infringing the copyright, it appeared page 131 u. s. 124 that although the copyright had been properly secured .....

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May 13 1889 (FN)

Embrey Vs. Jemison

Court : US Supreme Court

Decided on : May-13-1889

..... the plea of limitations was improperly rejected. it shows upon its face that the defendant's removal from virginia occurred nearly twenty years before the contract in question was made, and that when the plaintiff's causes of action accrued, he was not a citizen or resident of virginia, but of ..... of action accrued against a person previously, no matter how long before, residing in virginia, although he may have left the state before the contract sued upon was made, and therefore before any cause of action thereon accrued. this construction of the statute was supposed to be required by the ..... payment of the purchase money. it springs from and is a creature of the illegal agreement, and, as the law would not enforce the original illegal contract, so neither will it allow the parties to enforce a security for the purchase money, which, by the original bargain, was tainted with illegality." see ..... wilson himself could not have enforced payment of it. then the security was endorsed over to the plaintiff, he knowing of the illegality of the contract between wilson and the defendant, for he was the arbitrator to settle their accounts, and under such circumstances he cannot be permitted to recover on ..... delivered by mr. justice matthews, we expressed approval of the doctrine as announced by mr. benjamin, observing that generally, in this country, all such contracts are held to be illegal and void as against public policy. it was there said: "it makes no difference that a bet or wager is made .....

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Jan 28 1889 (FN)

Brown Vs. Sutton

Court : US Supreme Court

Decided on : Jan-28-1889

..... the promise and the consideration for it, amounting to an agreement, stated in mr. kenyon's own language, with all the clearness of detail necessary to a contract. there was no question about the property to be conveyed, the promise to build the house, the parties to the agreement, or the consideration for the promise ..... alone be a sufficient foundation for a decree; but it leaves the case in such a position that no very strong evidence is required that such a contract did exist, as it would be entirely consistent with all the other uncontradicted testimony in regard to what he had said and done, and with the possession ..... brown and francis a. kenyon, executors of the last will of john s. kenyon, and was in the nature of a suit for specific performance of a contract, and for the conveyance of the title to a certain house and grounds in the city of oconomowoc, in wisconsin. there was no written agreement on the subject ..... 3) that the appellee had been guilty of no laches by her delay in commencing this suit. bill in equity to compel a specific performance of a parol contract to convey a tract of real estate in wisconsin. decree in complainant's favor, from which respondents appealed. the case is stated in the opinion. mr. ..... of him during the remainder of his life, as she had done in the past. (2) that there had been sufficient part performance of this parol contract to take it out of the operation of the statute of frauds in a court of equity and to render it capable of being enforced by a .....

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Dec 13 1889 (FN)

Hume Vs. United States

Court : US Supreme Court

Decided on : Dec-13-1889

..... schedule; that upon some of the items the claimant lost money; upon others there was a very small profit, and that upon the whole contract, adjusted at contract rates, the claimant will not receive more than a fair and reasonable profit. claimant denies emphatically any attempt to practice a fraud on the ..... the discovery of the error in the schedule, and the position of the claimant in regard to it, and, if the defendant successfully impeached the contract on the ground of fraud, the judgment for the actual market value of the shucks was correct, and sustainable under the pleadings. in order to ..... may ordinarily recoup the damages which he can show he has sustained through page 132 u. s. 414 the fraud. and there may be contracts so extortionate and unconscionable on their fact as to raise the presumption of fraud in their inception, or at least to require but slight additional ..... whereby he agreed to furnish ( inter alia ) shucks at the rate of sixty cents per pound; that this was a clerical error, the real contract being that shucks were to be furnished by claimant to said hospital at sixty cents per hundredweight; that notwithstanding this, "claimant attempts to practice a fraud ..... charge therefor was based upon the amount stated in said proposal, and accepted by said defendant's officers and agents, and by them incorporated in said contract as aforesaid." to this petition a special plea was filed february 12, 1886, on behalf of the united states, to the effect that claimant had .....

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