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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1928 Page 1 of about 27 results (0.065 seconds)

May 14 1928 (FN)

Jenkins Vs. National Surety Co.

Court : US Supreme Court

Decided on : May-14-1928

..... against the insolvent bank until he had been paid in full, and in no way involved the national surety company's present separate claim on its contract of indemnity, and that the plea of res judicata was consequently ineffective. but, as the certiorari was granted to review the other branch of the case, ..... the right now asserted by the respondent arises not from subrogation to the rights of the treasurer, but upon its independent agreement with the bank for indemnity. the bank's undertaking was to indemnify respondent for liability which it might "sustain or incur" by reason of its having given its surety bond, ..... on demand. the deposits at the time of the insolvency exceeded the amount of the bond. the district court directed that dividends on the claim for indemnity be postponed until the county treasurer should have been repaid the full balance of his deposit. the circuit court of appeals for the eighth circuit reversed ..... . the respondent national surety company brought this action against the receiver to compel the allowance of and payment of dividends on its claim upon an indemnity agreement executed by the bank. the agreement was contained in the bank's application for a bond by which the bank as principal and the respondent ..... rights and liabilities or sureties and in the distribution of insolvents' estates, they likewise forbid the surety to secure by independent contract with the debtor indemnity at the expense of the creditor whose claim he has undertaken to secure. reversed. .....

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Nov 19 1928 (FN)

Boston Sand and Gravel Co. Vs. United States

Court : US Supreme Court

Decided on : Nov-19-1928

..... damage for the purpose of full indemnity to the injured party." 1 sutherland on damages (4th ed.) 300, p. 939. in wilson v. city of troy, 135 n.y. 96, the new ..... district court." in united states v. north carolina, 136 u. s. 211 , 136 u. s. 216 , this court said: "interest, when not stipulated for by contract, or authorized by statute, is allowed by the courts as damages for the detention of money or of property, or of compensation, to which the plaintiff is entitled. . . ..... the damages" as matter of law, said (pp. 104-105): "the reason given for the rule is that interest is as necessary a part of a complete indemnity to the owner of the property as the value itself, and, in fixing the damages, is not any more in the discretion of the jury than the value. ..... is no part of the damages. but, very clearly, i think, the settled rule is to the contrary. when the obligation to pay interest arises upon contract, it is recoverable thereon as damages for failure to perform, "and, when recoverable in tort, it is chargeable on general principles as an additional element of ..... are of opinion that they were. we start with the rule that the united states is not liable to interest except where it assumes the liability by contract or by the express words of a statute, or must pay it as part of the just compensation required by the constitution. seaboard air line ry. .....

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Nov 26 1928 (FN)

Pacific Steamship Co. Vs. Peterson

Court : US Supreme Court

Decided on : Nov-26-1928

..... the new rule for injuries caused by negligence is, however, an alternative of the right to recover indemnity under the old rules on the ground that the injuries were occasioned by unseaworthiness, and it is between these two inconsistent remedies for an injury ..... the right under the new rule to recover compensatory damages for injuries caused by negligence and the right under the old rules to recover indemnity for injuries occasioned by unseaworthiness, and that no election is required between the right to recover compensatory damages for a tortious injury under the ..... cure and wages, implied in law as a contractual obligation arising out of the nature of the employment, is independent of the right to indemnity or compensatory damages for an injury caused by negligence, and these two rights are consistent and cumulative. the right to recover compensatory damages under ..... or owners for injuries by their unlawful or negligent acts." thus, it has been held that claims for maintenance, cure, and wages, and for indemnity for injuries occasioned by unseaworthiness, may be demanded and recovered in the same proceeding, roebling's sons co. v. erickson, 261 f. 986, ..... mr. justice story said that a claim for the expenses of curing a seaman incase of sickness "constitutes, in contemplation of law, a part of the contract for wages, and is a material ingredient in the compensation for the labour and services of the seamen." and in the a. heaton, 43 f. .....

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Feb 20 1928 (FN)

People Vs. National Surety Co.

Court : US Supreme Court

Decided on : Feb-20-1928

..... 8 wall. 377, 75 u. s. 388 et seq. compare ex parte peterson, 253 u. s. 300 , 253 u. s. 314 -319. both in an earlier case, globe indemnity co. v. sulpho-saline bath co., 299 f. 219, cert. denied, 266 u.s. 606 ( see also spring garden insurance co. v. amusement syndicate co., 178 f. 519), ..... in the cases cited was not that with which we are now concerned. whether this liability for an attorney's fee, assumed by entering into an insurance contract after the enactment of the statute providing for the liability, may be enforced in the federal courts does not depend on any nice distinctions which may be ..... to be construed as not page 276 u. s. 241 affecting the obligation of the surety, we think it plain that the liability on the bond, qua contract, is not affected by the county treasurer's breach of duty. the bond contains no limitation of the amount which the treasurer may deposit. the district court was ..... which are directed by 7811, nebraska comp.stats., 1922, to be allowed and "taxed as part of the costs" in actions on guaranty and other specified insurance contracts are not costs in the ordinary sense, and are not taxable as costs under rev.stats. 823, 824, in actions in federal courts, but are to be ..... was now presented for the first time, we would hesitate to say that this statute does not create and add to the contract a legal liability which would not exist under the contract prior to the enactment of this statute. the fact that the attorney's fee is to be taxed as costs in the .....

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May 14 1928 (FN)

King Manufacturing Co. Vs. Augusta

Court : US Supreme Court

Decided on : May-14-1928

..... ( see millers v. augusta, 63 ga. 722), but that question is not in this case. the plaintiff's objection is confined to the asserted impairment of a prior contract. judgment affirmed. * followed in sprout v. south bend and nectow v. cambridge, decided this day, post, pp. 277 u. s. 163 , 277 u. s ..... are not now concerned. it is said that the act of february 13, 1925, which amended the jurisdictional provision, was enacted with the purpose of contracting the obligatory jurisdiction of this court. we recognize that there was such a purpose, and that effect should be given to it. but the act dealt ..... the first case in which the phrase "a statute of any state" in the jurisdictional provision was considered and construed. there, a debt arising on contract and owing by a citizen of virginia to citizens of pennsylvania had been sequestrated during the civil war under an enactment of the confederate states, and collected ..... case also involved a municipal page 277 u. s. 107 ordinance which the state court had upheld against the contention that it was in conflict with the contract clause of the constitution. this court took jurisdiction, p. 93 u. s. 121 , on the grounds (a) that the validity of an authority ..... execution various enumerated powers, art. i, 8, cl. 18; that no stated "shall pass" any " ex post facto law, or law impairing the obligation of contracts," art. i, 10, cl. 1; that no state "shall make or enforce any law" abridging the privileges or immunities of citizens of the united states, .....

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Feb 20 1928 (FN)

Liberty Warehouse Co. Vs. Burley Growers' Cooperative

Court : US Supreme Court

Decided on : Feb-20-1928

..... * the opinion generally accepted -- and upon reasonable grounds, we think -- is that the cooperative marketing statutes promote the common interest. the provisions for protecting the fundamental contracts against interference by outsiders are essential to the plan. this court has recognized as permissible some discrimination intended to encourage agriculture. american sugar refining co. v. louisiana, ..... undoubtedly the statute does prohibit and penalize action not theretofore so restricted, and to that extent interferes with freedom. but this is done to protect certain contracts which the legislature deemed of great importance to the public and peculiarly subject to invasion. we need not determine whether the liberty protected by the constitution ..... no right of the warehouse company guaranteed by the fourteenth amendment page 276 u. s. 90 by merely authorizing corporations with membership limited to agriculturists and permitting contracts for purchase and resale of farm products. this also is true of the declaration that such associations shall not be deemed monopolies, combinations, or conspiracies in ..... provides that the association shall not be deemed a conspiracy, illegal combination, or monopoly. three pertinent sections follow: "sec. 26. misdemeanor to induce breach of marketing contract of cooperative association -- spreading false reports about the finances or management thereof. " "any person or persons or any corporation whose officers or employees knowingly induce or attempt .....

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May 14 1928 (FN)

Compania de Navegacion Vs. Fireman's Fund Ins. Co.

Court : US Supreme Court

Decided on : May-14-1928

..... comfortably, safely, and easily, while the other would toss and pound furiously, strain her timbers, lose the caulking of her butts and seams, and so contract the comparative calm for one to the comparative fury for the other. the oral testimony, however, makes such speculation and refinement unnecessary, since it convincingly shows ..... these are neglected and disaster occurs, the towing boat must be visited with the consequences." in view of this state of the law, the towing contract here shown was not a fact material to the risk a concealment of which from the underwriters would injure them or avoid the policy. the second ..... , transferred or lost, which would, on acceptance of abandonment, or payment of loss by this company, belong to this company but for such agreement, contract or act, shall render this policy null and void as to the amount of any such loss or damage, but the company's right to retain or ..... or damage to the wash gray. " all the policies had attached to them by rider and rubber stamp a clause like the following: "any agreement, contract or act, past or future, positive or implied, by the insured whereby any right of recovery of the insured against any vessel, person, or corporation is ..... the tow would be subrogated to the claim of her owner. id. 3. the meaning of the terms "seaworthiness" and "perils of the sea" applied to contracts of marine insurance, varies with the circumstances and the exceptional features of the risk known to both parties. pp. 277 u. s. 78 -81. 4. .....

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Mar 12 1928 (FN)

Goodyear Tire and Rubber Co. Vs. United States

Court : US Supreme Court

Decided on : Mar-12-1928

..... of the lessor, was that, if the lessee held over, he held over for a year. i do not see how the united states could accept the contract and repudiate the consequence, or accept the permission of the lessor to continue in possession upon the express condition that it be bound for a year and repudiate ..... the united states was bound by the original lease for the full term to june 30, 1926, was abandoned before the hearing. [ footnote 4 ] section 3732 provides that "no contract . . . on behalf of the united states shall be made unless the same is authorized by law or is under an appropriation adequate to its fulfillment. . . ." section ..... or implied in fact, no right of action being given by the act in cases where, if the transaction were between private parties, recovery could be had upon a contract implied in law. sutton v. united states, 256 u. s. 575 , 256 u. s. 581 ; merritt v. united states, 267 u. s. 338 , 267 u. s. ..... be had upon a contract implied in law. p. 276 u. s. 293 . 62 ct.cls. 370, affirmed. page 276 u. s. 288 certiorari, 273 u.s. 692, to a ..... his intention. p. 276 u. s. 292 . 4. the right to sue the united states under the tucker act on a claim founded on contract, must rest upon an express contract or one implied in fact; the act gives no right of action in a case where, if the transaction were between private parties, a recovery could .....

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Jan 03 1928 (FN)

Jackson Vs. S.S. archimedes

Court : US Supreme Court

Decided on : Jan-03-1928

..... in the same harbor on the same entry. any failure on the part of the master to comply with this demand shall release the seaman from his contract, and he shall be entitled to full payment of wages earned. . . . and provided further, that this section shall apply to seamen on foreign ..... such demand is made at every port where such vessel . . . shall load or deliver cargo before the voyage is ended, and all stipulations in the contract to the contrary shall be void: provided, such a demand shall not be made before the expiration of, nor oftener than once in, five days, nor ..... . dillon, 252 u. s. 348 , 252 u. s. 355 , in distinguishing 4 of the seamen's act -- which in express terms declared that contracts denying seamen the right to demand half of their earned wages at ports reached in the course of a voyage, should be void, and gave seamen on foreign vessels ..... is not found specifically made in the statute. had congress intended to make void such contracts and payments, a few words would have stated that intention, not leaving such an important regulation to be gathered from implication. there is nothing to indicate ..... advances made in the foreign country. in so holding, the court said: "conceding for the present purpose that congress might have legislated to annual such contracts as a condition upon which foreign vessels might enter the ports of the united states, it is to be noted that such sweeping and important requirement .....

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Jan 03 1928 (FN)

The Steel Trader

Court : US Supreme Court

Decided on : Jan-03-1928

..... that payment of a sum equal to one month's wages was intended to constitute the remedy for invasion of the seaman's right through breach of his contract of employment in the circumstances specified. "damages consist in compensation for loss sustained. . . . by the general system of our law, for every invasion of ..... think, in the specified circumstances, payment of wages actually earned, with an additional sum equal to one month's wages, satisfies all liability for breach of the contract of employment by wrongful discharge. the legislation was intended to afford seamen a simple, summary method of establishing and enforcing damages. mr. conger, who reported the ..... purpose is to furnish a clear and well defined rule of damages as between him and the master for a breach of contract in which the seaman and the master or owner are the only persons interested. . . ." "nor does the rule of damages seem unreasonable. the shipping ..... indefinite element made definite by a general law with reference to which the parties may conclusively be presumed to have contracted, and which therefore should be taken to be the law of the contract. the object of the statute is not to punish, but to provide a reasonable rule of compensation for a ..... contract calls upon the seaman to go to various places, sometimes far from home, and it may be, for instance, as in this case was .....

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