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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Court: us supreme court Page 1 of about 9,204 results (0.082 seconds)

1806

Marine Insurance Company of Alexandria Vs. Tucker

Court : US Supreme Court

..... the policy was changed or not. as to this, there is no difference of opinion at the bar respecting the legal effect of an alteration of the voyage on the contract of indemnity; it is and must be conceded that the policy never attached. but the difficulty is in determining what circumstances do in point of law constitute such an alteration as ..... to conceive that cases may occur in which it would bear injuriously upon the insurer. if it has any defect, it is in not extending far enough the claim to indemnity, as the terminus ad quem may in many instances be relinquished without any possible increase of risk or even without varying the risk, except only as to lessening its duration ..... be landed at baltimore constituted a different voyage from the one agreed upon, and vitiates the policy, or in other words that the voyage which was the subject of the contract was never commenced. from a review of the cases which have been cited, the principle is established that where the termini of a voyage are the same, an intention to .....

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1806

Dutilh Vs. Gatliff

Court : US Supreme Court

..... relied much on the opinion of lord mansfield in the case of hamilton v. mendez, to establish this principle, that a policy of insurance, being in its nature a contract of indemnity, the plaintiff can recover no more than the amount of his actual loss at the commencement of the action. there is no doubt of the soundness of the principle: i ..... mean that a policy is a contract of indemnity. the only question is, at what period the rights of the parties are to be tested by this principle; whether at the time of abandonment, or of the commencement .....

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1807

Rhinelander Vs. Insurance Company of Pennsylvania

Court : US Supreme Court

..... the vessel may be afterwards recaptured or restored. an embargo or detention by a foreign friendly power, constitutes a total loss, and warrants an immediate abandonment. the contract of insurance is a contract of indemnity, and therefore the assured can "only recover according to the damage he has sustained." the state of the loss at the time of the offer to abandon, fixes ..... detention of foreign powers, and that a distinction between an arrest and such capture or detention has never been taken. page 8 u. s. 45 the contract of insurance is said to be a contract of indemnity, and therefore (it is urged by the underwriters, and has been repeatedly urged by them) the assured can only recover according to the damage he has ..... discharged. such is the rapidity of proceeding in a court of admiralty that its mandate of restoration is figuratively said to be "borne on the wings of the wind." commercial contracts have but little connection with figurative language, and are seldom rightly expounded by a course of artificial reasoning. merchants generally regard the fact itself, and if the fact be attended ..... case on which the courts of england do not appear to have expressly decided, and which must depend on general principles on analogy and on a reasonable construction of the contract between the parties. a capture by an enemy is a total loss although the property be not changed, because the taking is with an intent to deprive the owner of .....

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1808

Marshall Vs. Delaware Insurance Company

Court : US Supreme Court

..... parties? the right to abandon is founded on an actual or legal total loss. it appears to the court to consist with the nature of the contract, which is truly stated to be a contract of indemnity, that the real state of loss at the time the abandonment is made is the proper and safe criterion of the rights of the parties. might ..... to abandon to the underwriters? to this court it seems that the right to make such an election at such a time would be inconsistent with the spirit of the contract, and that the technical total loss was terminated by the decree of restitution unless something subsequent to that decree could be shown to prove the continuance of the danger or ..... such duration as to break up the voyage or ruin the assured by keeping his property out of his possession. such a case, therefore, upon the true principles of the contract, has been considered as justifying an abandonment and a recovery for a total loss. but when a final decree of restitution, from which it is admitted that no appeal lies ..... , it is for a time a total loss, and no person can say the loss will not finally be total. such a case, therefore, upon the true principles of the contract, has been considered as justifying an abandonment and a recovery of a total loss. but where a final decree of restitution from which no appeal lies has been awarded, the .....

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1813

Clark's Executors Vs. Carrington

Court : US Supreme Court

..... in a suit against him on his contract of indemnity. whether it was admissible against john innes clarke depends on the degree of his liability for the money for which that judgment was rendered. if ..... purposes, because greene & barker were in truth co-partners with carrington, and because, if they were not, it is a case of warranty and indemnity, and in such case a judgment against the person to be indemnified, if fairly obtained, especially if obtained on notice to the warrantor, is admissible ..... sent to hamburg on freight, wishes them to render carrington the necessary aid he may require, and adds "we shall consider ourselves responsible for all contracts mr. carrington may make in the business of this ship, and anticipate the pleasure of your being well satisfied with his strict fulfillment of them ..... notice to the warrantor, is admissible evidence in a suit against him on his contract of indemnity. a person who, upon receiving an assignment of a share of property as security for a debt, agrees to comply with the contract of the assignor with a joint owner of the property, is bound to fulfill ..... that contract although it exceed in amount the value of the share of the .....

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1816

Hepburn and Dundas' Heirs Vs. Dunlop and Co.

Court : US Supreme Court

..... those defendants against these claims in case they should be made and enforced by auld, who is declared to be alone entitled to make them. this contract of indemnity, therefore, did not amount to a release, nor did it impair the rights of dunlop & co. under their agreement with hepburn and dundas. as ..... party or the like, a court of equity will interpose and afford a relief, which a court of common law cannot, by setting aside the contract, and having thus obtained jurisdiction of the principal question, that court will proceed to make such other decree as the justice and equity of the case ..... which seemed to close forever the doors of a court of equity against hepburn and dundas, opened them to dunlop & co. to get rid of the contract altogether, auld filed the bill which is now under consideration, stating, amongst other things, the previous and present inability of hepburn and dundas to make a ..... , 1807, auld made a tender of the difference between the sum awarded to dunlop & co. and the purchase money and interest due upon graham's contract and demanded a deed, but this demand was made in a manner and under circumstances which this court, upon a former occasion, deemed unreasonable. things remained ..... convey the same to the person who by such determination or compromise should be acknowledged to be entitled to it in the manner expressed in the contract with graham. it was also stipulated that if the purchase money for the said land, with interest thereon to 2 january, 1800, should be .....

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1826

Armstrong Vs. Toler

Court : US Supreme Court

..... spread at large upon the record. "the rule of law under which the defendant seeks to shelter himself against a compliance with his contract to indemnity the plaintiff for all sums which he might have to pay on account of the goods shipped from new brunswick for the defendant and ..... introduce these goods into the united states or had consented to become the consignee with a view to their introduction, these circumstances would vitiate the contract. he had already said, therefore, that an interest in armstrong's goods was not indispensably necessary to make toler a participator in the ..... importation or should advance money to b. to enable him to pay those expenses, these acts, the court thought, would constitute a new contract the consideration of which would be sufficient to maintain an action. it cannot be questioned that however strongly the laws may denounce the crime of ..... relation to his own goods." if this opinion be contrary to law, the judgment ought to be reversed. the opinion is that a new contract, founded on a new consideration although in relation to property respecting which there had been unlawful transactions between the parties, is not itself unlawful. ..... them for the owner, a promise to repay any advances made under such understanding or agreement is utterly void. general principle as to illegality of contracts, and distinctions by which it is limited. the authorities on this subject reviewed. inconvenience of the practice of bringing the whole evidence, instead of .....

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1827

Scott Vs. Shreeve

Court : US Supreme Court

..... that suit have set off the amount paid to the bank upon his note. the engagement of janney, on assuming the payment of the note to the bank, was a contract of indemnity only, and rested in damages, and could never form the subject of a setoff at law, and although an action at law might be maintained against janney upon this ..... the party must be turned round to his remedy at law upon his indemnity. but in the present case it would be gross injustice and a certain denial of all remedy to refuse relief on this ground, janney having become insolvent. there was, then ..... . shreeve 25 u.s. 605 appeal from the circuit court for the district of columbia syllabus relief in equity against a judgment at law upon certain bonds given for the indemnity of the obligee, as endorser of notes drawn by the obligor, the consideration having, failed. the assignee of such bonds takes them subject to all equities existing between the original ..... indemnity, it would be going too far, even if janney was solvent, to say that a court of equity could not interpose and stay a recovery upon the bonds, but that .....

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1831

Patapsco Insurance Company Vs. Southgate

Court : US Supreme Court

..... of both parties, and is bound in good faith to act for the benefit of all concerned, and the underwriter must answer for the consequences, because it is within his contract of indemnity. this was the doctrine in the case of mills v. fletcher, 1 doug. 231; and which has been repeatedly sanctioned by the later decisions both in england and in ..... both parties, and is bound in good faith to act for the benefit of all concerned, and the underwriter must answer for the consequences, because it is within his contract of indemnity. there must be a necessity for a sale of the vessel and good faith in the master in making it, and the necessity is not to be inferred from the .....

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1832

Boyle Vs. Zacharie

Court : US Supreme Court

..... the business of the principal, which was wholly beyond the scope of the authority delegated to the agents. in this view of the matter, the contract of indemnity would clearly refer for its execution to louisiana, as much so as if boyle had authorized zacharie & turner to advance money there on his account, ..... indemnify them for any loss they might sustain on his account. he afterwards gave the defendants a security for their liability on 1 may, 1819. the contract of indemnity was as follows: "i will see messrs zacharie & turner paid whatever sum they have to pay vincent, nolte & company on account of a ..... it as full a sanction as if it had been done under an original authority. the ratification of this contract by boyle was complete and perfect, and he treated it as a louisiana contract of indemnity, for his benefit, by which he was bound, and which he ought to discharge in that state. ..... 101, 16 u. s. 146 ; see also coolidge v. poor, 15 mass. 427; consequa v. fanning, 3 johns.ch. 587. but if the contract had been unauthorized and beyond the agency, still the subsequent ratification of the transaction by boyle would have the same operation according to the well known maxim that subsequent ..... for which he would repay them. such a contract would be understood by all parties to be a contract made in the place where the advance was to .....

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