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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1891 Page 1 of about 80 results (0.055 seconds)

Mar 02 1891 (FN)

Chicago, St.L. and N.O. R. Co. Vs. Pullman Co.

Court : US Supreme Court

Decided on : Mar-02-1891

..... the general rule of law (and it is obvious justice) is that where there is a contract of indemnity -- it matters not whether it is a marine policy, or a policy against fire on land, or any other contract of indemnity -- and a loss happens, anything which reduces or diminishes that loss reduces or diminishes the amount ..... j.law 409: "notwithstanding such payment, an action will lie by the insured against the railroad company. the insurance is to be treated as a mere indemnity, and the insured and insurer regarded as one person; therefore payment by the insurer before suit brought cannot affect the right of action." to the same ..... and if the amount recovered from the railroad company, increased by the sum collected from the insurance companies, was more than sufficient for its just indemnity, the excess would be held by it in trust for the insurance companies. the inquiry in this action is as to the amount for which ..... rights of the insured, and could, in the name of the insured or in their joint names, maintain an action against the railroad company for indemnity if that company was liable to the insured for the loss of the cars. the acceptance of a given amount from the insurance companies in ..... were subrogated to the rights of the insured, and could in its name or in their joint names, maintain an action against the railroad company for indemnity, if the latter was liable to the insured for the loss of the cars -- this because the liability of the railroad company was, in legal effect .....

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Mar 16 1891 (FN)

St. L., I.M. and S. Ry. Co. Vs. Commercial Union

Court : US Supreme Court

Decided on : Mar-16-1891

..... right of the insurer against such other person does not rest upon any relation of contract or of privity between them. it arises out of the nature of the contract of insurance as a contract of indemnity, and is derived from the assured alone, and can be enforced in his right ..... , was no bar to this action, and that the fourteenth instruction requested was rightly refused. it is not contended that the plaintiff's contracts were void for want of compliance with the provisions of the statutes of arkansas concerning foreign insurance companies, and it does not even appear ..... state respecting insurance companies were faithfully executed, declaring it to be unlawful for any person, company, or corporation to solicit or make any contract of insurance within the state without complying with the provisions of this act and requiring every insurance company or association, domestic or foreign, doing ..... sheds owing to the neglect of the defendant railway company, though often requested by the compress company, to furnish transportation according to the contract between them, the compress company piled and kept these bales and much more other cotton in the street adjoining. the defendant railway company, ..... 1887, the defendant, whose railway extended from little rock in arkansas across the arkansas river to argenta and beyond, had made an oral contract with the union compress company, which was engaged in compressing bales of cotton for transportation, to receive all cotton in bales that might be .....

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Jan 26 1891 (FN)

Coburn Vs. Cedar Valley Land and Cattle Co., Ltd.

Court : US Supreme Court

Decided on : Jan-26-1891

..... without releasing or indemnifying him for certain liabilities he had incurred and for which he was personally liable on account of the company, to all of which compensation, reimbursement, and indemnity coburn and ewing alleged themselves entitled before ewing could be discharged from said appointment and an injunction was prayed accordingly. this cause was removed to the united states circuit court ..... on november 23, 1885, the cattle company filed a cross-bill setting forth the alleged employment of coburn and ewing on behalf of the intended corporation; the making of the contract with munson; that coburn and ewing had received a commission from munson secretly; the transactions as to the property in kansas city, and the alleged overpayment in the purchase of ..... for the western district of missouri, and the corporation answered, alleging that no such contract was made for the appointment of ewing, but that the subscription of coburn and ewing to the capital stock was unconditional, and that ewing was appointed as manager, but as ..... commission with him; that afterwards they were directed to burnett to buy the property upon terms and conditions and at specified prices known to him; that they entered into the contract with munson pursuant to directions from burnett, and expended a large amount of time and labor in the transaction, a reasonable compensation for which was alleged to be $50, .....

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Nov 29 1891 (FN)

O'Brien Vs. Miller

Court : US Supreme Court

Decided on : Nov-29-1891

..... to the owners, but this was not done. afterwards the owners, having become insolvent, assigned their claims for the restoration of the proceeds and for indemnity from spain to their separate creditors, and the commissioners under the florida treaty awarded to be paid to the assignees a sum of money, part for ..... shipowner by the party who has caused the damage by his illegal conduct." "when the compensation or indemnity has been received by the shipowner, he is personally responsible to the ship's creditors to the extent of the amount received in the same ..... damage takes, as against the ship's creditor, the place of that which the compensation is to make good." "the same rule applies to the indemnity, which in case of loss or damage to the vessel or of nonpayment of freight when goods have been lost or damaged, is due to the ..... the extent of the damages paid on account of the collision, were liable to the libellants, as creditors of the ship. in interpreting a contract, the whole contract must be brought into view, and it must be interpreted with reference to the nature of the obligations between the parties and the intention which ..... r. 147, in speaking of a form of respondentia bond in use in philadelphia, which partook of the character of a loan coupled with a contract of insurance: "contracts of this kind are so different in different countries (although they resemble each other in some prominent features) that when disputes arise, they are to .....

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May 25 1891 (FN)

insurance Co. Vs. Hibernia Ins. Co.

Court : US Supreme Court

Decided on : May-25-1891

..... says "after an insurance has been made, the insurer may have the entire sum he hath insured, reassured to him by some other insurer. the object of this is indemnity against his own act." 3 kent com. 279. see also phoenix ins. co. v. erie transportation co., 117 u. s. 312 , 117 u. s. ..... applied to this policy, in which no excess is expressed. all the reinsurances under policy no. 268 therefore were in accordance with the terms of the contract, and the allegations of fraud are wholly unsupported by the evidence. all the claims of the hibernia insurance company, sustained by the decree below, relate ..... any risk, until the risk had been stated by that company to platt, and by him accepted in behalf of the hibernia insurance company. the contract between the two insurance companies was made in philadelphia. the evidence introduced by the hibernia insurance company to prove a usage not to reinsure to the ..... to voyages and amounts to taken by the hibernia insurance company. there is no evidence whatever that the insurance company of north america authorized him to contract or to represent in its behalf that the reinsurance should only be in excess of its usual line. nor is there anything in his letter ..... 1889 decided may 25, 1891 140 u.s. 565 appeal from the circuit court of the united states for the eastern district of louisiana syllabus a contract of reinsurance to the whole extent of the original insurer's liability is valid in the absence of usage or stipulation to the contrary. an open .....

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Nov 09 1891 (FN)

Seitz Vs. Brewers' Refrigerating Machine Co.

Court : US Supreme Court

Decided on : Nov-09-1891

..... , in the first place, that the evidence on his behalf tended to show an agreement between himself and defendant in error, entered into prior to or contemporaneously with the written contract, independent of the latter and collateral to it, that the machine purchased should have a certain capacity, and should be capable of doing certain work; that the machine failed to ..... pursuant to the written contract, and that the defendant could not be permitted, upon the general theory that the machine was not a satisfactory article, to defeat the plaintiff from recovery. the verdict having been ..... , which contained no warranty, and, consequently, if the machine did not fulfill the expectations of the defendant, or if it did not fulfill verbal representations made at the time the contract was entered into, nevertheless defendant had no defense; that there was no evidence that false or fraudulent representations had been made; that the machine had been built and put up ..... intended by the buyer. the case was stated by the court as follows: this was an action brought by the brewers' refrigerating machine company against michael seitz upon the following contract: "this agreement, made this 11th day of january, a.d. 1879, between the brewers' refrigerating machine company of alexandria, va., party of the first part, and michael seitz, of brooklyn .....

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Feb 02 1891 (FN)

United States Mortgage Co. Vs. Sperry

Court : US Supreme Court

Decided on : Feb-02-1891

..... interest agreed to be paid, are not independent obligations, nor strictly commercial securities, upon which he can be held liable, for, by the express contract between the parties, recited in the bonds and mortgages, he and his estate are exempt from all liability for the moneys borrowed. and as the ..... . it was there said by mr. justice scholfield, speaking for the court: "the general rule recognized by this court is that parties cannot be bound by any contract made before interest is due for the payment of compound interest [citing, among other cases, leonard v. villars; ] . . . but, after interest is due ..... it from lending money at a rate of interest "exceeding the legal rate," it did not intend to withhold from it the power to contract in other states for interest upon moneys loaned upon terms less favorable than those states permitted in respect to loans there made by other corporations, ..... although having express authority by its charter to lend money on bond and mortgage of real estate "situated within the united states," could not contract in illinois for the highest rate of interest allowed by that state, but was limited to a rate of interest not exceeding that established by ..... the interest upon the sum actually received by the guardian from the mortgagee. where a guardian in illinois, with leave of the county court, contracted on behalf of his ward's estate for the repayment of money borrowed, with interest at nine percent per annum, payable semiannually until the principal .....

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Dec 14 1891 (FN)

New Orleans Vs. New Orleans Waterworks Co.

Court : US Supreme Court

Decided on : Dec-14-1891

..... are unnecessary. they are full and conclusive to the point that the municipality, being a mere agent of the state, stands in its governmental or public character in no contract relation with its sovereign, at whose pleasure its charter may be amended, changed, or revoked without the impairment of any constitutional obligation, while with respect to its private or ..... are the auxiliaries of the state in the important business of municipal rule, and cannot have the least pretension to sustain their privileges or their existence upon anything like a contract between them and the legislature of the state, because there is not and cannot be any reciprocity of stipulation, and their objects and duties are utterly incompatible with everything ..... against the new orleans waterworks company and the city to enjoin the city from making any appropriations or drawing any warrants in favor of the waterworks company under a certain contract set forth in the bill. the petition set forth in substance: 1. that the legislature in 1877 incorporated the new orleans waterworks company for the purpose of furnishing the ..... the impairment of any constitutional obligation; but such a corporation, in respect of its private or proprietary rights and interests, may be entitled to constitutional protection. there was no contract between the city and the waterworks company, which was protected against state legislation by the constitution of the united states. the repeal of a statute providing that a municipal .....

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Oct 28 1891 (FN)

Fowler Vs. Equitable Trust Co.

Court : US Supreme Court

Decided on : Oct-28-1891

..... borrower pays on account of the loan must go as credit on the principal sum; otherwise, the usurer would get the benefit of his illegal contract, and the statute be rendered inoperative. the court below proceeded upon the ground that the trust company was entitled to a judgment for the amount ..... usurious. the result is that the recovery must be limited to the principal sum due the company. the statute declares, in respect to an usurious contract, that the lender shall only recover the principal sum due -- in other words, that judgment shall be rendered only for that sum. page 141 u ..... relation to the rate of interest," this provision of former acts was reenacted and preserved: "when any bond, bill, draft, acceptance, mortgage, or other contract shall have been or shall be made in this state, or between citizens of this state, or a citizen of this state and any other state, ..... upon the statute of new york, in force when the debt was created, providing that all bonds, bills, notes, assurances, conveyances, and all other contracts or securities whatsoever whereupon or whereby there shall be reserved or taken, or secured, or agreed to be reserved or taken, any greater sum or greater ..... , although the company was not informed, in the particular case, that the agent exacted and received commissions from the borrower. in illinois, when the contract of loan is usurious, the lender, suing the borrower for the balance due, can only recover the principal sum, diminished by applying as credits thereon .....

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Apr 20 1891 (FN)

Pennoyer Vs. Mcconnaughy

Court : US Supreme Court

Decided on : Apr-20-1891

..... to january 17, 1879, and treats the lands embraced in such certificates as reverted to the state. that legislation surely impaired the obligation of the contract owen had with the state, for its effect was to destroy valuable property, rights, and privileges belonging to him. it was therefore violative of ..... the propositions established by those decisions which cannot be well abridged, as follows: "first. that the provisions of the act of 1871 constitute a contract between the state of virginia and the lawful holders of the bonds and coupons issued under and in pursuance of said statute." "second. that the ..... held by this court that the act of the general assembly passed in 1882 was unconstitutional and void because it was an impairment of the contract entered into between the state and its bondholders by the act of 1871; that, being unconstitutional, it afforded no protection to the defendant; that ..... relief prayed for upon that clause of section 10, art. i, which provides that "no state shall pass any law impairing the obligation of contracts," while the defendants below, the appellees, rely upon the eleventh amendment to the constitution, which declares that "the judicial power of the united states ..... act of october 26, 1870, in order to restrain the defendants from doing acts which the bill alleges are violations of the plaintiff's contract with the state when he purchased the lands, and which are unconstitutional, destructive of the plaintiff's rights and privileges, and which it is .....

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