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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1896 Page 1 of about 62 results (0.055 seconds)

Nov 30 1896 (FN)

Willard Vs. Wood

Court : US Supreme Court

Decided on : Nov-30-1896

..... debtor of the principal creditor, or whether page 164 u. s. 520 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 ..... on the mortgage; that this was an absolute promise to pay, and not merely a contract of indemnity, and that it could be proceeded on as a specialty, irrespective of whether the remedy on wood's contract with dixon was barred in the district or not. it is not denied that the enforcement ..... or the contract was open to all defenses existing between wood and bryan. city mission v. brown, 158 u ..... it is there said: "unlike the construction that has been placed upon the terms of the statute employed in the second section in regard to simple contract debts, the construction uniformly placed on the terms employed in the sixth section in regard to judgments, recognizances, and specialities of various kinds, owing to ..... the language employed in this latter section, has been different, and unyielding to circumstances that would remove the bar of the statute as applied to simple contract debts. hence, it has been uniformly held that a mere acknowledgment of the debt due on judgment, or even an express promise to pay the .....

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Nov 30 1896 (FN)

Prairie State Bank Vs. United States

Court : US Supreme Court

Decided on : Nov-30-1896

..... , the reserved percent to be withheld until the completion of the work to be done is as much for the indemnity of him who may be a guarantor of the performance of the contract as for him for whom it is to be performed. and there is great justness in the rule adopted. equitably ..... 1888 to erect a custom house at galveston. h. was his surety on a bond to the united states for the faithful performance of that contract. the contract gave the government a right to retain a part of the price until the work should be finished. in consideration of advances made and to ..... were subordinate to those of the united states and the sureties. depending, therefore, solely upon rights claimed to have been derived in february, 1890, by express contract with sundberg & company, it necessarily results that the equity, if any, acquired by the prairie bank in the ten percent fund then in existence and thereafter ..... suretyship and those subsequently acquired, such as the benefit of new securities which might be received by the creditors subsequent to the making of the original contract, and he remarked that the question whether a dealing by the creditor with such new securities would operate to discharge the surety was quite a ..... the material and labor which went into the building. that a stipulation in a building contract for the retention until the completion of the work of a certain portion of the consideration is as much for the indemnity of him who may be guarantor of the performance of the work as for him .....

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Mar 16 1896 (FN)

United States Vs. Texas

Court : US Supreme Court

Decided on : Mar-16-1896

..... , ceded its claim to territory exterior to the limits and boundaries so established, and relinquished all claims upon the united states for liability for its debts, and for compensation or indemnity for the surrender to the united states of its ships, ports, arsenals, customhouse revenues, arms and munitions of war, and public buildings, with their sites, which became the property ..... so, we should feel obliged to hold that the convention or contract between the united states and texas, as embraced in their respective enactments of 1850, together with the subsequent acts of the two governments, require, in the determination of the ..... territory between the true 100th meridian and the melish 100th meridian. we have said that the treaty itself, upon a reasonable interpretation of its provisions, left it open to the contracting parties, through commissioners and surveyors, to fix the lines with precision, and therefore to show by competent evidence where the true 100th meridian was located. but if this were not ..... the said rivers roxo and arkansas, throughout the extent of the said boundary, on their respective banks, shall be common to the respective inhabitants of both nations." "the two high contracting parties agree to cede and renounce all their rights, claims, and pretensions to the territories described by the said line -- that is to say, the united states hereby cede to .....

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May 18 1896 (FN)

Knights of Pythias Vs. Kalinski

Court : US Supreme Court

Decided on : May-18-1896

..... the supreme lodge received without inquiring whether the insured was indebted for his lodge dues or not. broadly construed, the application required that the contract should be controlled by the laws, rules, and regulations of the order governing the rank. the certificate also required "a full compliance with all ..... application, kalinski agreed that he would punctually pay all dues and assessments for which he might become liable, and would be governed, "and this contract shall be controlled, by all the laws, rules, and regulations of the order governing this rank now in force, or that may hereafter be ..... member in good standing in the endowment rank, and in consideration of the representations made in his application, which was made a part of the contract, and the payment of the prescribed admission fee, and in consideration of the payment thereafter to said endowment rank of all assessments as required, ..... said certificate, and the constitution and bylaws of said endowment rank, knights of pythias of the world, all being and forming parts of the contracts between them, it was provided that any failure or neglect on the part of said kalinski to pay assessments or dues, as provided by ..... world (as association incorporated under an act of congress, and domiciled in washington) the amount of a certain certificate of membership whereby the defendant contracted and bound itself to pay to petitioner, on the death of her husband, achille kalinski, the sum of $3,000, the said certificate .....

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Mar 23 1896 (FN)

Brown Vs. Walker

Court : US Supreme Court

Decided on : Mar-23-1896

..... unlawful gaming, immunity against prosecution for any offense committed by him at the time and place indicated, and it was held that, as it gave to the witness full indemnity and assurance against any liability to prosecution, it was his duty to testify notwithstanding that his answer might have a tendency to disgrace him. the same construction was given ..... regulate commerce,' approved february 4, 1887, and amendments thereto," provides as follows "that no person shall be excused from attending and testifying or from producing books, papers, tariffs, contracts, agreements and documents before the interstate commerce commission, or in obedience to the subpoena of the commission, whether such subpoena be signed or issued by one or more commissioners, or ..... congress. did congress, by the act of february 11, 1893, which enacted that "no person shall be excused from attending and testifying or from producing books, papers, tariffs, contracts, agreements and documents before the interstate commerce commission, or in obedience to the subpoena of the commission, on the ground or for the reason that the testimony or evidence, ..... of congress of february 11, 1893, c. 83, 27 stat. 443, which enacts that "no person shall be excused from attending and testifying or from producing books, papers, tariffs, contracts, agreements and documents before the interstate commerce commission, or in obedience to the subpoena of the commission, . . . on the ground or for the reason that the testimony or evidence, .....

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Apr 18 1896 (FN)

Woodruff Vs. Mississippi

Court : US Supreme Court

Decided on : Apr-18-1896

..... and by drawing inferences or implications therefrom as to what its true meaning is. the nature of the question does not change according as the contract upon which the right rests is plainly or ambiguously stated. nor does the right to construe the state statute depend upon the condition that the ..... in error. in that case, the defendant claimed a right under the constitution to demand and receive payment of his note in specie according to the contract, and this was denied him, and a decree entered canceling the mortgage given as collateral security for the note. this court reviewed the decision on ..... payable in gold coin, and it also held that the levee commissioners were not authorized to issue bonds so payable. whether the meaning of the contract was arrived at from the plain language of the bonds, or was an inference or implication to be drawn from all the language used therein, the ..... the argument is not unreasonable that the corporation intended the purchasers to expect payment in the money in which the indebtedness was stated to have been contracted; but the agreement to pay the designated sums did not specify any particular kind of money, and the obligation was to pay what the law ..... the inquiry as to the medium in which the bonds were payable, and, if in gold coin, the effect thereof involved the right to enforce a contract according to the meaning of its terms as determined by the constitution and laws of the united states, interpreted by the tribunal of last resort, and .....

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Mar 02 1896 (FN)

Spalding Vs. Mason

Court : US Supreme Court

Decided on : Mar-02-1896

..... . . . . . . . . 1,300.00 whole of postage in 1888 . . . . . . . . 1,240.00 whole of postage 5 months, 1889. . . . . 518.50 --------- total . . . . . . . . . . . . . . . . $9,173.50 page 161 u. s. 394 the contract did not contemplate a necessity for expenditures in connection with the collection of fees, as, on june 3, 1880, it was believed that drafts for the amounts of the difference ..... the court erred in holding that the complainant was not chargeable with any part of the expenses of prosecuting claims obtained by the defendant." it was expressly stipulated in the contract of june 3, 1880, that the one-fourth interest of mason should be "free from all charges of expenses in prosecuting said claims to collection." these assignments therefore depend ..... all the claims. various sums were also set out, claimed to have been expended after january 17, 1881 -- the date of the alleged new and oral contract -- for clerk hire, printing, office rent, postage, discounts, interest, etc., in prosecuting the business. it was specifically stated that "this statement does not include the ten percent expended, ..... statement, after deducting therefrom what he has already received thereabouts, any debt is or will at any time be due to the said complainant by this defendant because of the contract of june 3, 1880, and subsequent dealing between the parties thereto." an additional answer was subsequently filed giving a more detailed account of the receipts, etc., in connection with .....

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Mar 02 1896 (FN)

Hansen Vs. Boyd

Court : US Supreme Court

Decided on : Mar-02-1896

..... and competent evidence, to be considered by them in determining the entire intentions of the plaintiffs in respect thereto, and as affecting and showing the original intention with which said contracts were made and were to be executed and closed; that said charge here excepted to characterizes said evidence as no evidence, and virtually takes the same from the jury; that ..... public policy." "12. courts, however, must recognize from necessity the methods of carrying on business at the present day, and apply well settled principles of the common law to enforce contracts unless they are forbidden by statute or violate some rule of public policy. the daily mercantile business of the country, mercantile deals -- and by that i mean the sale and ..... , plaintiffs contended that the transactions were legitimate purchases and sales of wheat under the rules of the chicago board of trade; that deliveries were intended by the parties to the contracts on the board of trade; that boyd & bro. and hansen understood that actual purchases and deliveries of wheat were intended. on the other hand, hansen claimed that no actual purchases ..... of services rendered in connection therewith. defendant pleaded that the plaintiffs did not purchase or sell any grain for his account, but that the transactions in question were mere wagering contracts, intended by both as gambling upon the price of wheat, and that the moneys expended by the plaintiffs on account of the matters sued for were advanced at the city .....

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May 18 1896 (FN)

United States Vs. Laws

Court : US Supreme Court

Decided on : May-18-1896

..... the excepted classes, there was no necessity for the proviso. . . . giving effect to this well settled rule of statutory interpretation, the proviso is equivalent to a declaration that contracts to perform professional services, except those of actors, artists, lecturers, or singers, are within the prohibition of the preceding sections." page 305. the defendant in the action brought the ..... actors, artists, lecturers, and singers. the circuit judge said: "if, without this exemption, the act would apply to this class of persons, because such persons come here under contracts for labor or service, then clearly it must apply to ministers, lawyers, surgeons, architects, and all others who labor in any professional calling. unless congress supposed the act to apply ..... any kind in the united states, its territories, or the district of columbia." "sec. 2. that all contracts or agreements, express or implied, parol or special, which may hereafter be made by and between any person, company, partnership or corporation, and any foreigner or foreigners, alien or ..... way assist or encourage the importation or migration of any alien or aliens, any foreigner or foreigners, into the united states, its territories, or the district of columbia, under contract or agreement, parol or special, express or implied, made previous to the importation or migration of such alien or aliens, foreigner or foreigners, to perform labor or service of .....

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May 18 1896 (FN)

Webster Vs. Luther

Court : US Supreme Court

Decided on : May-18-1896

..... , lease, contract, or damages. and i further authorize my said attorney to appoint a substitute or substitutes to perform any of the foregoing powers, hereby ratifying and confirming all that my said ..... lands, or any interest therein, or arising from any contract in relation thereto, or received or recovered for any injury thereto, and i hereby release to my said attorney all claim to any of the proceeds of any such sale ..... the agent seemed meet and necessary. it contained these additional clauses: "and my said attorney is hereby authorized to sell said lands, or my interest therein, and to make any contract in relation thereto which i might make if present, and to receive for his own use and benefit any moneys or other property the proceeds of the sale of said .....

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