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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Year: 1802 Page 1 of about 4 results (0.045 seconds)

1802

Jones Vs. Insurance Co of North America

Court : US Supreme Court

Decided on : Jan-01-1802

..... bear it:' and, if the freight must bear page 4 u.s. 246, 248 it, the implication is strong, that the policy upon freight, must be the appropriate instrument of indemnity. considering the point, however, abstractedly, upon principle, it is naturally asked, why the law should admit, upon every other subject of insurance, a recovery against the underwriters, for a partial ..... and commerce, in giving a practical construction to policies of insurance; are of so high a consideration, that they are deemed to be a part of the express and written contract, whenever they are proved with sufficient certainty. nor is a usage of trade, to be scanned by the strict rules, for the allowance of a common law custom. if it ..... (a risque insured against) and how can the insurance be called an indemnity? in short, though the case has not hitherto been expressly decided; and though he have not had much time for deliberation; yet, we think, that as far as the opinion ..... is done exclusively to the freight; and if the detention were long, it might, in some cases, amount to the whole freight. now, every insurance is meant to be an indemnity; but refuse to pay the assured upon freight, the extracharge, a charge not contemplated in the ordinary course of the voyage, which falls upon freight, in consequence of an embargo .....

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1802

Attorney General Vs. Grantees

Court : US Supreme Court

Decided on : Jan-01-1802

..... holland company and their counsel cannot approve the terms of the preamble of the act, by which the legislature has undertaken to declare the meaning and construction of the original contract (the very point in controversy) and though they cannot admit the right or propriety of dictating a new, and, perhaps, unconstitutional mode, of settling a judicial question, without the assent ..... u.s. 237, 245 subject have led us to ask ourselves this question on our pillows: what would a wise, just, and independent, chancellor decree on the last question? executory contracts are the peculiar objects of chancery jurisdiction, and can be specifically enforced by chancery alone. equity forms a part of our law, says the late chief justice truly. 1 dall ..... if it had really accrued, nor to excuse the non- performance of a condition if it had not been complied with; agreeably to the public will expressed in a legislative contract. the rule of law is thus laid down in england. a false or partial suggestion by the grantee of the king to the king's prejudice, whereby he is deceived ..... the warrantholders, as well as of the actual settlers, must depend upon the true and correct construction of the act of the 3d of april 1792, considered as a solemn contract between the commonwealth the each individual. the circumstances attendant on each particular case, may vary the general legal conclusion in many instances. we proceed to the discharge of the duties .....

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1802

Com. of Pennsylvania Vs. Franklin

Court : US Supreme Court

Decided on : Jan-01-1802

..... by any act of perversion, be assimilated to an attainder law; to an ex post facto law; or to a law impairing the obligation of contracts. nor is it a legislative encroachment upon the judicial department. it decides no question of personal guilt; it inflicts no punishment; it merely declares in ..... the principle was discussed and settled; and in rush v. cobbett, the jurisdiction of the federal courts, was adjudged to apply only to cases of contract; and not to a case of damages, for a libel. the competency of the state government to redress the evil, is a necessary inference from ..... connecticut claim began to operate, pennsylvania (in 1729-30) had introduced a similar law, to prevent purchases of land from the indians; to annual all contracts for that purpose; and to extend the english statutes of forcible entries and detainers, to the case of entry upon lands, not located, or surveyed, ..... inasmuch as it creates a new offence; punishes, ex post facto, the exercise of a claim, legal in its origin; and impairs the obligation of contracts. we answer: the intrusion, forcible or clandestine, upon the territory of a sovereign power, is an offence malum in se. it is an attack, ..... of property in the same land; and, yet, without such a supposition, by what principle of general law, what positive statute, what express, or implied, contract, can her grants confer a possessory, or usufructuary, interest in the land? no man could obtain from connecticut a legitimate right to acquire, possess, and .....

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1802

Burd Vs. Smith

Court : US Supreme Court

Decided on : Jan-01-1802

..... of the present trustees, cannot regulate the decision of a legal question. the assent of one party, as well as the proposition of the other, is necessary to compleat every contract. burr. 2241. the creditors could have no remedy against the trustees before they assented; and if they did not assent, there was a resulting trust to the grantor, which placed .....

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