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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Court: us supreme court Year: 1888 Page 1 of about 63 results (0.074 seconds)

Nov 12 1888 (FN)

Central Bank of Washington Vs. Hume

Court : US Supreme Court

Decided on : Nov-12-1888

..... an event which is sure at some time to happen in consideration of the payment of the premiums as stipulated, nevertheless the contract is also a contract of indemnity. if the creditor insures the life of his debtor, he is thereby indemnified against the loss of his debt by the death of the ..... life, and can protect himself accordingly if he so chooses. marine and fire insurance is considered as strictly an indemnity, but while this is not so as to life insurance, which is simply a contract, so far as the company is concerned, to pay a certain sum of money upon the occurrence of ..... a decree therefor, as well as for the amount of the maryland and connecticut policies and the premiums paid thereon. it is not denied that the contract of the maryland insurance company was directly between that company and mrs. hume, and this is, in our judgment, true of that of the connecticut ..... their legal representatives. the application for this policy was signed "annie g. hume, by thomas l. hume." it was expressly provided as part of the contract that the policy was issued and delivered at hartford, in the state of connecticut, and was "to be in all respects construed and determined in accordance ..... debtor before payment, yet if the creditor keeps up the premiums, and his debt is paid before the debtor's death, he may still recover upon the contract .....

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Jan 09 1888 (FN)

Lawson Vs. Floyd

Court : US Supreme Court

Decided on : Jan-09-1888

..... tract of land herein mentioned, sold by the said lawson to said floyd, estimated to contain 1,000 acres, shall be in said johnston, as an indemnity to him, which is described as follows, viz., all the land owned by said lawson lying below kezer's branch above aracoma, lying back of the ..... , and therefore of considerable value, while the larger part of it ran up on to the mountain ridges. in accordance with this understanding, the original contract states that "lawson is to make the said floyd a deed, with general warranty and relinquishment of dower, to the above described property, except one recent ..... in a case of this kind, it is eminently proper to consider the circumstances surrounding the parties, and which would probably influence them in making the contract at the time it was entered into. these, we think, throw much light on the question in this case, and leave but little doubt that ..... deceive him; that, before bringing this suit, he (the plaintiff) had an accurate survey made of the land according to the boundaries mentioned in the contract, and that instead of there being a thousand acres, as represented by lawson, there were only 592 acres, leaving a deficiency of 408 acres. he claims ..... it was agreed that the property and control of the land should be in johnston as an indemnity to him for the payment of this purchase money. this agreement is marked exhibit b in the bill, and is as follows: "this contract, made this third day of august, 1871, between anthony lawson, geo. r. c. .....

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Apr 23 1888 (FN)

United States Vs. Louisiana

Court : US Supreme Court

Decided on : Apr-23-1888

..... v. county of adams, 100 u. s. 61 . in that case, the county of adams had made a contract with the emigrant company to convey to it the county's swamp lands and claim for indemnity against the united states on account of swamp lands which had been sold by the united states, and had given a deed ..... at the dates stated in finding 1, admitted and certified the above sums to be due to the state on account of the 5 percent fund and the indemnity for swamp lands purchased by individuals within the state, but directed those amounts to be credited on moneys due the united states, as stated in finding 3, ..... wright county, with the assent of a majority of the voters of the county, having contracted in writing with the emigrant company to sell to it all the swamp lands in the county, and the claim of the county for indemnity against the united states for swamp lands which had been sold by the united states, and ..... in pursuance of the contract. it afterwards filed a bill to rescind the contract and the deed, and obtained in the circuit court a ..... having executed a deed of a quantity of the lands to the company, the county filed a bill in equity to set aside the contract and deed, and obtained a decree to .....

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Oct 29 1888 (FN)

Culliford Vs. Gomila

Court : US Supreme Court

Decided on : Oct-29-1888

..... sail grade, very good. may we draw on you for same?" "de wolf & hammond" "to which the following answer was made:" "july 4" " consult indemnity lawyer, mcconnell. if he approves, dispatch deronda; give bail, if necessary. first telegram simply means paying difference value alleged short shipment; save delay." "culliford & clark" ..... co. cannot have the same benefit as if those provisions had been inserted. the court is bound to give effect to the stipulations of the contract, but not to provisions which the parties deliberately omitted to insert after attention had been directed to them. this ruling is in harmony with the ..... and therefore are liable to the said libellants for the amount of damages suffered by the latter from inability to sell and deliver under the grain contract with forestier & co." "3d. that the amount of such damages was the sum of $23,993.76." "4th. that libellants should have ..... messrs. de wolf & hammond, and gomila & co., had opened negotiations for a charter on the 16th of june. gomila & co., having the contract aforesaid with forestier & co., insisted on owner's guarantee that the deronda would carry 10,000 quarters of 480 lbs., whereupon the following cable dispatch was ..... each; that the respondents wholly failed to comply with the said guarantee; that, in consequence thereof, the libellants were prevented from fulfilling their contract of sale of the 10,000 quarters of corn of 480 pounds each, with special reference to which they had entered into the charter party .....

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Jan 09 1888 (FN)

Hinchman Vs. Lincoln

Court : US Supreme Court

Decided on : Jan-09-1888

..... waive the condition of a previous payment of the consideration and to authorize van renesselaer to deliver the securities to the defendant without performance of the contract on the part of the latter, and that the bringing of the present action was such a waiver. if, in point of fact, van ..... pursuance of his demand. taken together, they do not constitute either the assertion or exercise of any right in respect to the securities under any contract of sale between the plaintiff and the defendant as individuals. it is quite true, and the authorities so declare, that the receipt and acceptance by ..... renesselaer for the immediate return of the securities to him on the ground that up to that time, the defendant had refused to fulfill his contract for their purchase. this is certainly an unequivocal act on the part of the plaintiff entirely inconsistent with the assertion that there had been, prior ..... are also fully met by the well established rule that mere words are not sufficient to constitute a delivery and acceptance which will take a verbal contract of sale out of the statute of frauds. shindler v. houston, ubi supra. the next item of evidence in support of the plaintiff's ..... words are not sufficient. bailey v. ogden, 3 johns. 421, 3 amer.dec. 509. . . . in a word, the statute of fraudulent conveyances and contracts pronounces these agreements, when made, void unless the buyer should 'accept and receive some part of the goods.' the language is unequivocal, and demands the action of both .....

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Jan 09 1888 (FN)

Whitney Vs. Robertson

Court : US Supreme Court

Decided on : Jan-09-1888

..... the dominican republic, and, if there be any conflict between the stipulations of the treaty and the requirements of the law, the latter must control. a treaty is primarily a contract between two or more independent nations, and is so regarded by writers on public law. for the infraction of its provisions, a remedy must be sought by the injured party ..... fourth article in the treaty with the king of denmark, and as we said of the latter, we may say of the former -- that it is a pledge of the contracting parties that there shall be no discriminating legislation, against the importation of articles which are the growth, produce, or manufacture of their respective countries, in favor of articles of like ..... or exception to the general law imposing the duties, do not cover concessions like those made to the hawaiian islands for a valuable consideration. they were pledges of the two contracting parties, the united states and the king of page 124 u. s. 193 denmark, to each other that, in the imposition of duties on goods imported into one of the ..... duty by force of the treaty with that country, because similar goods from the hawaiian islands were thus exempt. the first article of the treaty with denmark provided that the contracting parties should not grant "any particular favor" to other nations in respect to commerce and navigation which should not immediately become common to the other party, who should "enjoy the .....

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Jan 16 1888 (FN)

Union Railroad Co. Vs. Dull

Court : US Supreme Court

Decided on : Jan-16-1888

..... award. the relief which the appellant seeks is entirely wanting in equity. the company has had possession of the work done by the contractors since its completion in 1873. the contracts in question have been fully executed, and restoration of the parties to their original rights has become impracticable, if not impossible. nevertheless, the company, holding on to all ..... all requisite information to persons making inquiries with a view to proposals; gave such information, and performed the whole duty of chief engineer in connection with the making of the contracts; had the sole and exclusive superintendence of the work from the very commencement, the immediate direction thereof being devolved upon mr. kenly, the resident engineer, and that he, ..... action in the circuit court of the united states for the eastern district of pennsylvania, dull admitted under oath that he and wiley had two secret partners in the construction contracts, "who retained their interests until the completion of the work and during said controversy, one of them being samuel m. shoemaker and the other being the said john ellicott ..... company; that by reason of manning's absence during long periods in ohio, the preliminary arrangements for the biddings, the interviews with the parties proposing to bid, the construction contracts, and the general superintendence of the work, for some months after its commencement, was left almost entirely to ellicott, in whom the appellant and manning had the fullest confidence; .....

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Jan 23 1888 (FN)

Florence Mining Co. Vs. Brown

Court : US Supreme Court

Decided on : Jan-23-1888

..... where he has sold the goods on credit, the title passing immediately, but has stopped some of them in transitu, and where he has merely contracted to sell the goods, the delivery to be made by installments, and payment made with each delivery, the title only then vesting in the vendee. ..... ore remaining undelivered. these allegations were not admitted before the special master, but, if true, the fact would not constitute any performance of the contract on its part without an offer to deliver the balance, or at least without notice to the vendee or its receiver of a readiness to do ..... the case is brought here on appeal. page 124 u. s. 388 the contract between the florence mining company and brown, bonnell & co. was made on the 13th of february, 1882. by it, the florence mining company agreed to ..... mining company, deducting from the price for the whole ore which was to be delivered the value of the quantity undelivered, estimated according to the contract price, and he reported against the alleged equitable assignment. exceptions to his report were overruled, and the report was confirmed. to review this ruling, ..... continue the delivery unless payment be made in cash, but it does not absolve him from offering to deliver the property in performance of the contract if he intends to hold the purchasing party to it; he cannot insist upon damages for nonperformance by the insolvent without slowing performance on .....

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Jan 30 1888 (FN)

Western Union Tel. Co. Vs. Hall

Court : US Supreme Court

Decided on : Jan-30-1888

..... in the application of the rule to similar cases, where there has been delay in delivering by a carrier which amounts to a breach of contract, the plaintiff is not always entitled to recover the full amount of the damage actually sustained; prima facie the damages which he is entitled to ..... the familiar rules on this subject are all subordinate to these. for instance, that the damages must flow directly and naturally from the breach of the contract is a mere mode of expressing the first, and that they must be not the remote, but proximate, consequence of such breach, and must ..... defendant bound only to the exercise of slight care or to the exercise of ordinary care?" "3d. under the contract legally existing between plaintiff and defendant, whereby the defendant assumed the duty of forwarding said message, the same being an unrepeated message, can the defendant ..... the same, and that it is only liable to the plaintiff in damages in case of gross negligence on its part?" "2d. under the contract legally existing between the plaintiff and defendant whereby the latter assumed the duty of forwarding said message, the same being an unrepeated message, was the ..... when necessary to reach its destination. correctness in the transmission of message to any point on the lines of this company can be insured by contract in writing, stating agreed amount of risk and payment of premium thereon at following rates, in addition to the usual charge for repeated messages, .....

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Feb 06 1888 (FN)

Aetna Life Ins. Co. Vs. Middleport

Court : US Supreme Court

Decided on : Feb-06-1888

..... absolutely extinguished." in memphis & little rock railroad v. dow, 120 u. s. 287 , this court said: "the right of subrogation is not founded on contract. it is a creation of equity, is enforced solely for the purpose of accomplishing the ends of substantial justice, and is independent of any contractual relations between the ..... bonds. the fact that the bonds were void, whatever right it may have given against the railroad company, gave it no right to proceed upon another contract and another obligation of the town to the railroad company. these propositions are very clearly stated in a useful monograph on the law of subrogation by ..... that the city had received their money without any consideration, and was bound ex aequo et bono to pay it back. the court said: "the only contract actually entered into is the one the law implies from what was done, to-wit, that the city would, on demand, return the money paid to ..... 545 to the rights of the railroad company by virtue of the principles of equity and justice. he does not set up any claim of an express contract for such subrogation. he says: "the equity alleged in the plaintiff's bill is, as i have said, the equity of subrogation. before proceeding to ..... bonds and paying its money therefor was to acquire such rights of subrogation, it cannot be received as any sufficient allegation that there was a valid contract to that effect. on the contrary, the bill fairly presents the idea that by reason of the facts of the sale the complainant was in .....

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