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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1890 Page 1 of about 80 results (0.056 seconds)

Dec 08 1890 (FN)

Johnson Vs. Risk

Court : US Supreme Court

Decided on : Dec-08-1890

..... of the page 137 u. s. 303 said e. f. risk did not discharge him or his assets from liability to the plaintiff on the contract of indemnity, a copy of which is marked 'exhibit a,' and a part of this bill, but such liability remains upon his estate, and the said thomas ..... nor when suit for its recovery was commenced against johnson, but it was, of course, prior to april 22, 1878, when judgment was recovered. the contract of e. f. risk had therefore been broken prior to that time, and this action was commenced on the 28th of october, 1885, more than seven ..... 77. the bill counted upon the liability of e. f. risk under the agreement attached as an exhibit, and not otherwise. by that agreement, risk contracted to pay all the debts and liabilities of every kind of the firms, to assume the liabilities, and to save johnson harmless. this was broken by a ..... actions against the sureties of guardians, executors and administrators, sheriffs, clerks, and other public officers, for nonfeasance, misfeasance, and malfeasance in office; actions on contracts not otherwise expressly provided for, within six years after the cause of action accrued." "3481-2784. actions against the personal representatives of a deceased person shall be ..... assumed by risk was one to his son l. tiff risk, who declined to sue his father for the debt, notwithstanding he knew of the contract "by which his father had gotten all the assets of the said firms, and had agreed to pay all their debts and liabilities," but brought .....

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Mar 03 1890 (FN)

Keller Vs. Ashford

Court : US Supreme Court

Decided on : Mar-03-1890

..... is or ever has been a debtor of the principal creditor, or whether the relation of suretyship or the indemnity to the surety existed, or was known to the creditor, when the debt was contracted. in short, if one person agrees with another to be primarily liable for a debt due from that other ..... the benefit of all collateral obligations for the payment of the debt which a person standing in the situation of a surety for others holds for his indemnity. it is in the application of this principle that decrees for deficiency in foreclosure suits have been made against subsequent purchasers, who have assumed the ..... to be well settled, and applicable "equally between sureties, so that securities placed by the principal in the hands of one to operate as an indemnity by payment of the debt shall inure to the benefit of all," and declined to apply the doctrine to the case before it because the mortgage in ..... . 194 . in the earlier case of hendrick v. lindsay, 93 u. s. 143 , cited by the defendant, a request, accompanied by a promise of indemnity, to one person to sign an appeal bond was construed to include another person who signed it as surety, and therefore to support a joint action by the principal ..... debtor, and to relieve him from liability to pay it, there being no novation, he has a right of action against the promisor for his own indemnity, and if the original creditor can also sue, the promisor would be liable to two separate actions, and therefore the rule is that the original creditor .....

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Jan 06 1890 (FN)

United States Vs. Carr

Court : US Supreme Court

Decided on : Jan-06-1890

..... thereby required, or for increased speed, if the employment of additional stock or carriers is rendered necessary; and, in case of decrease, curtailment, or discontinuance of service, as a full indemnity to said contractor, one month's extra pay on the amount of service dispensed with, and a pro rata compensation for the service retained, provided, however, that, in case of ..... amount may be applied by the government toward the payment of any balance that may be found due him, in the settlement of his accounts, for other services under his contract. a contract to carry the mails from one station to another station, by way of two intervening specified stations, a stated number of miles and back, is not performed by carrying ..... second assistant postmaster general" "division of inspection" " washington, d.c. october 23, 1878" " sir: i hereby certify that the mails have been carried by contractors in accordance with provisions of contract, or orders on routes stated herein by number in the state of california, without any failures or delinquencies so far as shown by returns received, for the quarter ended september ..... increased expedition the contractor may, upon timely notice, relinquish the contract." " it is hereby also stipulated and agreed by the said contractor and his sureties, as aforesaid, that they shall forfeit --" " 1. the pay of a trip when it is not .....

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May 19 1890 (FN)

Cornell University Vs. Fiske

Court : US Supreme Court

Decided on : May-19-1890

..... any way changed by using the term profit, in place of the word proceeds, to express the amount the state can claim by their construction of the contract? any construction of the contract with mr. cornell which makes the state the substantial owner of these lands, and converts the transactions into any agency is not merely a technical and ..... 1880, c. 317, directed the comptroller, upon the request of cornell university, to assign, transfer, pay, and deliver to the latter "all moneys, securities, stocks, bonds, and contracts constituting a part of, or relating to, the fund known as the 'cornell endowment fund,' now held by the state for the use of said university." this was done because ..... ." tabular statement funds derived from individuals, described in seventy-fifth finding of fact . . . . . . . $ 598,588.65 funds derived from nation and state: western lands. . . . . . . . . . . . . . . . . 1,648,178.56 western land contracts . . . . . . . . . . . . 439,834.22 cornell endowment fund . . . . . . . . . . . . 128,596.61 college land scrip fund. . . . . . . . . . . . 473,402.87 ------------- $3,288,600.91 "making the total funds which belonged to ..... and the mechanic arts,' approved july 2, 1862," "which right to said 'income, revenue, and avails' was granted, and, for a valuable consideration paid by ezra cornell, was contracted, to cornell university by section 6 of its charter. the right to the income, etc., of the proceeds of said sales, september 30, 1881, extended to the college land .....

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May 19 1890 (FN)

Mcgahey Vs. Virginia

Court : US Supreme Court

Decided on : May-19-1890

..... causes of action, that suits for their enforcement should be barred unless brought within a period less than that prescribed at the time the contract was made or the liability incurred from which the cause of action arose. the exertion of this power is, of course, subject to ..... sense of the constitution, by any act which prevents its enforcement or which materially abridges the remedy for enforcing it which existed at the time it was contracted, and does not supply an alternative remedy equally adequate and efficacious. bronson v. kinzie, 1 how. 311; woodruff v. trapnall, 10 how. 190; ..... and obstructions to that use, and to the proceedings instituted for establishing their genuineness, do in many respects materially impair the obligation of that contract, and cannot be held to be valid or binding insofar as they have that effect. third. that no proceedings can be instituted by any ..... prohibited the collector or receiver of the taxes from accepting coupons issued under the act of 1871 in payment of taxes, according to the contract contained in said act, and imposed upon the taxpayer the circuitous and onerous proceeding of establishing the genuineness of his coupons in court; that ..... second auditor were appointed commissioners of the sinking fund. it has always been contended on the part of the bondholders that this statute created a contract between them and the state, firm and inviolable, which the legislature had no constitutional right to violate or impair, and such was, for several .....

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May 19 1890 (FN)

Ryan Vs. United States

Court : US Supreme Court

Decided on : May-19-1890

..... is the general rule. but if the offer be accepted without conditions and without varying its terms, and the acceptance be communicated to the other party without unreasonable delay, a contract arises from which neither party can withdraw at pleasure. was there an unreasonable delay upon the part of the government in accepting the defendant's offer? clearly not. the acceptance ..... defendant to sell the premises in dispute at the price of $12,000, and the written acceptance of that proposal by the government, through its authorized officers, constituted a valid contract mutually binding upon the parties under the michigan statute of frauds. in this view, the notification given by the defendant on the 1st of april, 1887, to the secretary of ..... some person thereunto by him lawfully authorized by writing." howell's stat. 6181. his contention is that the writings, including telegrams, which are relied upon to establish a valid, binding contract, do nor in themselves show that the lands therein referred to are the lands in question, and therefore no written memorandum such as the statute requires was executed. in support ..... the aid of extrinsic evidence, without being contradicted or added to, it can be connected with and applied to the tract intended to the exclusion of other parcels. a complete contract, binding under the statute of frauds, may be gathered from letters, writings and telegrams between the parties relating to its subject matter, and so connected with each other that they .....

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Mar 24 1890 (FN)

Schreyer Vs. Scott

Court : US Supreme Court

Decided on : Mar-24-1890

..... schreyer, making no representations or concealments, doubtless acted in the same belief, page 134 u. s. 414 and when, after partial completion of the contract, he, to prevent delay in the future work, guaranteed payment of the bond and mortgage, he did so in the belief that it was amply secured ..... liable on his guaranty. is there anything in these facts to show fraud in intent, or fraud in result? obviously not. vanderbilt entered into his contract with full knowledge of all the circumstances, unquestionably considering the $5,000 bond and mortgage well secured, and willing to take his chances of its ..... proposed to transfer in part payment was second and subordinate to a prior mortgage of $16,000. he must have assumed, when he made the contract, that the property mortgaged was good for both mortgages, and, according to the testimony, it was then considered worth from thirty to thirty-five ..... . assuming in the first instance that both transfers were purely voluntary, the deeds to mrs. schreyer were made and recorded three years before the building contract was signed or the work done out of which vanderbilt's claim arose. there was thus that constructive notice referred to in wallace v. penfield, ..... for $8,850 on premises no. 422 west fortieth street. the claim of vanderbilt arose in this way: on february 2, 1874, a building contract was entered into between george gebhart and matthew l. ritchie, as owners of premises nos. 420 and 422 west fortieth street, with vanderbilt whereby he .....

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Mar 03 1890 (FN)

Armstrong Vs. American Exch. Nat'l Bank of Chicago

Court : US Supreme Court

Decided on : Mar-03-1890

..... differences. he lost a large sum in such transactions, and endorsed over to the commissionmen certain notes. the court held that such options were gambling contracts, and that, as the statute of illinois provided that any person who should lose in a gambling transaction might recover back from the winner whatever he ..... from setting up for his protection the falsity of that statement after the plaintiff has acted upon it. the plaintiff is seeking to recover upon a contract, and the receiver is defending by setting up the false representation of the fidelity bank. the suggestion is not a sound one that the plaintiff ..... plaintiff through the misrepresentation of that bank. the plaintiff accepted the contract in good faith by placing $200,000 to the credit of kershaw & co., and it also charged $200,000 to the fidelity bank, and ..... co., as directed by the certificate. as soon as the paper was delivered to and accepted by the plaintiff, the fidelity bank had entered into a contract with it to pay $200,000. the suit is for the amount which the fidelity bank agreed to pay, and not for damage sustained by the ..... use its credit and resources for their own benefit not in the prosecution of its legitimate business, but in the purchase of wheat in chicago, and contracts for the future delivery of wheat, in the prosecution of said unlawful speculation. the letter of advice addressed to the plaintiff, set forth in the bill .....

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Mar 03 1890 (FN)

Delaware County Comm'rs Vs. Diebold Safe and Lock Co.

Court : US Supreme Court

Decided on : Mar-03-1890

..... the duty of furnishing different kinds of material and labor, and the right of recovering compensation for such material and labor from the county commissioners. both the statutes and the contract contemplate that the county commissioners shall be liable only to the contractors for the whole work, and not to any person doing work or supplying materials under a subcontract with ..... , 100 ind. 59; wallace v. lawyer, 54 ind. 501. in bass foundry v. parke commissioners, 115 ind. 234, where a contractor to whom the county commissioners had let a contract for the construction of a courthouse and jail sublet the iron work to the plaintiff, and, after partially completing the buildings, abandoned the work and declared his inability to resume ..... setting up the following defenses: 1st. a denial of all the allegations of the complaint. 2d. payment. 3d. payment to meyers & son without notice of the pretended assignment of the contract to the plaintiff. 4th. payment before the assignment mentioned in the second paragraph of the complaint, to meyers & son, upon a settlement of accounts, and deducting damages for delay in ..... the iron work, although the plaintiff had duly demanded payment therefor. and the plaintiff claimed payment of the sum of $7,700. the complaint contained a second paragraph, alleging the contract between the board of commissioners and meyers & son, its performance by meyers & son, and its nonperformance by the board, an assignment, dated november 25, 1884, from meyers & son to .....

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Dec 22 1890 (FN)

Bank of British North America Vs. Cooper

Court : US Supreme Court

Decided on : Dec-22-1890

..... place to which the money was to be remitted. filley v. pope, 115 u. s. 213 . a further contention of plaintiff in error is this: the contract between the plaintiff and defendant was to deliver ?5,000 to martin, turner & co.; in fact, a delivery was made in the manner and at the place requested ..... which the bill of lading was given and received, and left it to the jury to determine whether the bill of lading was or was not the contract. the ruling of that court was affirmed by this. we think, therefore, there was no error in denying this motion and leaving the question of fact ..... all parol evidence tending to affect the legal construction of the bill heretofore quoted, which motion was overruled. the contention now is that that bill stated the contract with all its terms, and, being in page 137 u. s. 477 writing, could not be varied or controlled by parol testimony. but this contention begs ..... this cable transfer, he was asked whether he wished transmission by telegraph or mail, and answered that he wanted a check mailed to glasgow. so the contract established by the verdict of the jury, in accordance with his testimony, was one for the transmission by mail of a check from london to glasgow for ..... obliged to meet his draft. in an action by him against the bank of british north america, held: (1) that whether the bill contained the entire contract between the parties was a question for the jury. (2) that the bank, having received the money with knowledge that it belonged to c and that it .....

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