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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Year: 1799 Page 1 of about 3 results (0.034 seconds)

1799

Breckbill Vs. Lancaster Turnpike Co

Court : US Supreme Court

Decided on : Jan-01-1799

..... the rights of the grantee, together with the rights of the government, to the turnpike company, it can only be done upon the condition of an adequate indemnity. 2 dall. rep. 310. the act of incorporation impowers the company to purchase, take, and hold, in fee simple, all such lands, &c.; ..... or highways. 2. if, then, the right of soil remained in the public, the government might either lay out the road itself, or it might contract with others to do it; and no stipulation of the original grant, nor any provision of the constitution, can fairly be said to be violated. nothing ..... work infinite mischief and injustice; since they could not be made responsible for the personal trespasses of their servants; and it is impossible to compel a contract with the solemnity of the corporate seal. the power of the legislature itself, did not extend further, than to grant the property, on condition that ..... enjoyed by the public, the freehold and occupancy of the grantee were perfect and exclusive. 1. burr. 143. 146. this being the original nature of the contract, neither party can ever enlarge, abridge, or impair its operation; and, as on the one hand, the grantee could never deny the right of passage ..... to secure a solid foundation to the same, and an even surface thereon, being the turnpike road, agreeably to the act, &c.; 'that no express contract, or agreement, respecting the said entry, or any promise, or engagement, to make compensation for such entry, and for the land so taken and occupied by .....

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1799

Ludlow Vs. Bingham

Court : US Supreme Court

Decided on : Jan-01-1799

..... negotiable;, and, therefore, (though it is only by implication our law is extended to them) they may with certainty be subjects of attachments. but even stock- contracts, or bonds, payable to a man, or his assigns, cannot be affected by an attachment made in another state. does it, then, require a greater latitude ..... money; and the reason applying equally to both objects, the law must be the same. nor can an attachment alter the nature and conditions of a contract; as, in the present instance, the negotiable nature of the instrument, and the condition that it shall pass by delivery. it is the same thing, ..... is payable at the bank of the united states. it is true, that the note was delivered to duer in new-york, agreeably to bingham's contract; but duer well knew that it had been previously executed in philadelphia, and by the delivery in philadalphia, knox's indorsement took effect. an express ..... is payable. 2d. the operation of duer's transfer by delivery is conclusive. it is a great ruling principle, that circumstances existing between parties to a contract, shall not affect the rights of third persons. nothing that passed between bingham and duer, which the face of the instrument does not show; no ..... ; and promissory notes are on the same footing in new-york as foreign bills of exchange. whethere, then, we consider, 1st, the nature of the contract between the original parties to the note; or, 2d, the operation of the transfer, by delivery, from duer to the purchasers of the note, the .....

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1799

Murgatroyd Vs. Crawford

Court : US Supreme Court

Decided on : Jan-01-1799

..... of the plaintiff's counsel, that there was no actual and immediate sale and transfer of the mount vernon, or, in other words, that the contract was executory, not executed, did not think the section applicable to the present case. for the manner of making known the sale and transfer here alluded ..... declared, however, that a disclosure of these circumstances would not have prevented his underwriting the risque at the same premium. if, upon the whole, the contract was a fair one, with a view to a lawful purpose, a voyage to india; and not with a view to aid one belligerent power at ..... effecting the insurance. though there was an attempt to encounter this position, by evidence of the general notoriety of page 3 u.s. 491, 495 the contract between the plaintiff and mr. dunkerson; yet that circumstance is too vague to be construed into notice either to the defendant, or the insurance broker. ..... as the ship was delivered to mr. dunkerson, to be loaded for his use; and the consideration money was payable at all events. a fair and legal contract should, however, be carried into effect, according to its true intention; and, whether the form of proceeding is, or is not, strictly correct, there can ..... united states and great britain. hence, it was deemed necessary, to enter upon another operation; the bill of sale was sent back; and a new contract was formed between the parties upon these principles: that the plaintiff should remain the owner of the ship, and as such retain the register, and make .....

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