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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Year: 1803 Page 1 of about 4 results (0.037 seconds)

1803

Clark Vs. Robert Young and Co.

Court : US Supreme Court

Decided on : Jan-01-1803

..... until a suit had been brought against the drawer; in the suit in alexandria, the point to be decided was whether the plaintiffs had lost their remedy on the original contract by their conduct respecting the note. these were distinct points, and the merits of page 5 u. s. 194 the latter case were not involved in the decision of the ..... court be erroneous. it is agreed on both sides that the note in this case was not received as payment of the debt, and consequently did not extinguish the original contract. it was received as a conditional payment only, and the opinion of the court was that in such a case the want of due diligence to receive the money due ..... note until a judgment had been first obtained against the drawer and his insolvency made to appear. after the determination of that action, this suit was instituted on the original contract, and at the trial the counsel for the defendant moved the court to instruct the jury that if from the evidence given in the cause it should be of opinion ..... the endorser of a promissory note until after judgment had been obtained against the drawer and proof of his insolvency. this suit was brought on the original contract. held that this action on the original contract could be maintained against the vendee of the goods, and that the judgment in the suit on the note against the vendors was not a bar .....

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1803

Hodgson Vs. Dexter

Court : US Supreme Court

Decided on : Jan-01-1803

..... of mr. dexter on which the suit is brought is for himself and his successors. the whole face of the agreement then manifests very clearly a contract made entirely on public account, without a view, on the part of either the lessor or lessee, to the private advantage or responsibility of mr. dexter ..... dexter and his successors," an expression plainly evidencing that it was not for himself otherwise than as secretary of war and that the lessor so understood the contract. it is also evincive of the correctness of the observation of the defendant that the words "said samuel dexter," refer to him in his official character ..... by the high and honorable office he then filled. this unquestionably is possible, but is not the fair construction to be placed on this part of the contract, because it is not usual for gentlemen, in their private concerns, to exhibit themselves in their official character. the tenement is let to "the said ..... its agents, and no prudent man would consent to become page 5 u. s. 364 a public agent if he should be made personally responsible for contracts on the public account. this subject was very fully discussed in the case of macbeath v. haldimand, cited from 1 term reports, and this court ..... by fire. it is too clear to be controverted that where a public agent acts in the line of his duty and by legal authority, his contracts made on account of the government are public and not personal. they enure to the benefit of and are obligatory on the government, not the officer .....

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1803

Hooe and Co. Vs. Groverman

Court : US Supreme Court

Decided on : Jan-01-1803

..... act was to be performed by his authority, and the covenant was his covenant. page 5 u. s. 239 on a consideration, then, of the whole contract between the parties, the court is of opinion that groverman remained the owner of the vessel during the voyage, and is answerable for any misconduct of the captain. ..... if he had relinquished the direction of the voyage to hooe & co. if the vessel, pro hac vice, had been their vessel, groverman would not have contracted for the delivery of the cargo and for the delivery to a specified person. if the freighters had owned and commanded the vessel, they might have delivered the ..... the further destination of the vessel in readiness on the arrival of the captain or even within the twenty-four hours after his arrival was no breach of contract on the part of r. t. hooe & co., since it was an event contemplated and provided for by the parties, and the question whether in ..... declaration had been that orders were not ready on the arrival of the vessel, page 5 u. s. 235 that charge would have been answered by the contract itself, which allows a delay of twenty-four hours for the reception of orders, without paying demurrage, and a longer time, if required, on paying therefor ..... twenty-four hours, lying off and on at the port of falmouth, waiting for orders, and it is the only rational construction which can be given the contract to suppose that the fifth article refers to the first. page 5 u. s. 234 a certain number of days are allowed for lading the vessel in .....

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1803

Mcfadden Vs. Parker

Court : US Supreme Court

Decided on : Jan-01-1803

..... . 2 salk. 646. and that even on the strict point of law, the plaintiff was entitled to a verdict; none of the opposite cases applying to separate debtors, on distinct contracts, who could not be sued as joint debtors. by the court. the case has been well argued at the bar; and the judges have enjoyed an opportunity to consider it ..... ca. sa. but the authorities for the plaintiff are express, that it must be an actual, not a constructive, payment by one debtor, to discharge another debtor, upon a distanct contract, though for the same sum. and the release of the debtor in execution, however it may affect the right and the remedy of the plaintiff in the execution, cannot affect ..... extinguish the debt as to the indorser. 1st. the drawer and indorser of a promissory note, are not joint debtors; but are indebted to the holder on separate and distinct contracts; the former being bound to pay at all events; the latter only in case of the drawer's default, and of the holder's giving due notice of it, and .....

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