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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Year: 1810 Page 1 of about 10 results (0.052 seconds)

1810

Finley Vs. Lynn

Court : US Supreme Court

Decided on : Jan-01-1810

..... that of wells & co. the answer expressly avers that the plaintiff did read, examine, and, as the defendant believes, perfectly understand the bond of indemnity before he executed it. that it was left with him some hours before he signed it. and it avers also positively that the plaintiff's sureties read ..... , but they are not thought sufficiently decisive and unequivocal in their character to justify a court of equity in restraining legal rights acquired under a solemn contract. though this is the principal object of the bill, it may be understood to contemplate something further. it prays for a settlement of all accounts, ..... the condition of the above obligation is such that if the said oliver p. finely shall well and truly satisfy and discharge all the debts and contracts hereinbefore described so as to indemnify and save harmless the said adam lynn from the payment of the same and from any suit or prosecution in ..... should hold the merchandise in the hardware store, and the debts due to it, and the profits of the trade, and should pay all debts and contracts as stated in the bond, the latter of which propositions was accepted by the plaintiff. page 10 u. s. 244 the answer denies that the ..... condition of the above obligation is such that if the said oliver p. finley shall well and truly satisfy and discharge all the debts and contracts hereinbefore described so as to indemnify and save harmless the said adam lynn from the payment of the same, and from any suit or prosecution in .....

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1810

Fletcher Vs. Peck

Court : US Supreme Court

Decided on : Jan-01-1810

..... by no means necessarily implies the continuance of an obligation beyond the moment of executing it. it is most generally but the consummation of a contract, is functus officio the moment it is executed, and continues afterwards to be nothing more than the evidence that a certain act was done. ..... my opinion on this point is not founded on the provision in the constitution of the united states relative to laws impairing the obligation of contracts. it is much to be regretted that words of less equivocal signification, had not been adopted in that article of the constitution. there is ..... nullity. this solemn question cannot be brought thus collaterally and incidentally before the court. it would be indecent in the extreme, upon a private contract, between two individuals, to enter into an inquiry respecting the corruption of the sovereign power of a state. if the title be plainly deduced from ..... to purchase, under its preemption right, the indian title to the same." the second section directs the enrolled law, the grant, and all deeds, contracts, &c.; relative to the purchase to be expunged from the records of the state, &c.; the third section declares that neither the law nor ..... nullity. this solemn question cannot be brought thus collaterally and incidentally before the court. it would be indecent in the extreme, upon a private contract between two individuals, to enter into an inquiry respecting the corruption of the sovereign power of the state. if the title be plainly deduced from .....

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1810

O'Neale Vs. Thornton

Court : US Supreme Court

Decided on : Jan-01-1810

..... different from those actually used. we should certainly have found words in the act applicable to the case of such intermediate contract. but we find no such terms, and the want of them might, in the event of different sales for different prices, produce difficulties scarcely to be surmounted. no man, ..... no such intent appears. men use a language calculated to express the idea they mean to convey. if the legislature had contemplated various and successive sales, so that any intermediate contract or purchaser was within the view of the lawmaker and intended to be affected by the power of resale given to the commissioners, the words employed would have been essentially ..... and determine, and the said commissioners shall deliver up to such person as the president shall appoint in virtue of this act all plans, drafts, books, records, accounts, deeds, grants, contracts, bonds, obligations, securities, and other evidences of debt in their possession which relate to the city of washington and the affairs heretofore under their superintendence page 10 u. s. 58 ..... newspapers of georgetown and baltimore town, and retain in their hands sufficient of the money produced by such new sale to satisfy all principal and interest due on the first contract, together with the expenses of advertisements and sale, and the original purchaser or his assigns shall be entitled to receive from the said commissioners, at their treasury, on demand, .....

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1810

Massie Vs. Watts

Court : US Supreme Court

Decided on : Jan-01-1810

..... jurisdiction of courts of equity, the jurisdiction of the court of kentucky is equally sustainable, because the defendant, if liable, is either liable under his contract or as trustee. the case, then, as presented to the court, gives it jurisdiction, and the testimony must be examined to ascertain how far ..... this court." the chancellor in that case sustained his jurisdiction on principle, and on the authority of archer v. preston, in which case a contract made respecting lands in ireland, the title to which depended on the act of settlement, was enforced in england although the defendant was a ..... sufficient to arrest that jurisdiction. in the celebrated case of penn v. lord baltimore, the chancellor of england decreed a specific performance of a contract respecting lands lying in north america. the objection to the jurisdiction of the court in that case, as reported by vezey, was not that the ..... sustained. but where the question changes its character, where the defendant in the original action is liable to the plaintiff, either in consequence of contract or as trustee, or as the holder of a legal title acquired by any species of mala fides practiced on the plaintiff, the principles ..... defendant having obtained the legal title with notice of the plaintiff's equitable title. the bill stated that the defendant massie (the appellant) had contracted with a certain ferdinand oneal to locate and survey for him a military warrant for 4,000 acres in his name (which the plaintiff afterwards .....

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1810

Maine Insurance Company of Alexandria Vs. Hodgson

Court : US Supreme Court

Decided on : Jan-01-1810

..... is very certain, from a mere inspection of the record, that the defendants cannot allege ignorance. if everything, then, which is relied on to avoid a contract under seal must be pleaded, it will at once be conceded that none of the matter offered in evidence applied to either of the pleas. the defendants ..... it may be to admit in evidence, on the general issue in an action of covenant on a policy of insurance, everything which may avoid the contract or lessen the damages, as is done in actions on the case, this court does not know that it possesses the power of changing the law ..... on the part of the insured of the age, tonnage and built of the vessel, and that the misrepresentation in those respects was material to the contract of insurance, and thereupon prayed the court to instruct the jury that if they found the facts to be so, they ought not to take the ..... brigantine, her tackle, apparel and furniture, were of the value of $10,000 at the time the risks of the voyage to be insured by the contract aforesaid would commence, and the defendants aver that in consequence of the said representation and placing full faith and credit therein, they were induced to sign, seal ..... are greatly overinsured, and that the said rule and practice was, at the time of making and concluding the contract aforesaid in the declaration mentioned, well known to each of the said parties making the said contract, and that to induce them, the said defendants, to sign, seal, and deliver the aforesaid policy of .....

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1810

Maryland Insurance Company Vs. Woods

Court : US Supreme Court

Decided on : Jan-01-1810

..... another port, should amsterdam be blockaded, constituted no deviation while on the voyage to amsterdam. certainly an intention not executed will not deprive the insured of the benefit of his contract in a case in which he would not have been deprived of it had he executed his intention. had captain travers, on the voyage to amsterdam, sustained a partial loss ..... the law in such a case, the majority of the court is of opinion that under this policy, the sentence of the foreign court of admiralty is not conclusive. the contract of insurance is certainly very loosely drawn, and a settled construction different from the natural import of the words is given by the commercial world to many of its stipulations .....

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1810

Vasse Vs. Smith

Court : US Supreme Court

Decided on : Jan-01-1810

..... court is of opinion that infancy is no complete bar to an action of trover, although the goods converted be in his possession in virtue of a previous contract. the conversion is still in its nature a tort; it is not an act of omission, but of commission, and is within that class of offenses for ..... the defendant, but were committed to his care by the plaintiff, and that the conversion, if made, was made while they were in his custody under a contract. the court then permitted infancy to be given in evidence on the plea of not guilty. to this opinion an exception was taken. if infancy was a ..... but by his negligence permitted the flour to be wasted so that it was lost to the plaintiff. this case, as stated, is completely a case of contract, and exhibits no feature of such a tort as will charge an infant. there can be no doubt but that the court did right in sustaining the plea ..... as follows: the first error alleged in this record consists in sustaining the plea of infancy to the first count in the declaration. this count states a contract between the plaintiff and defendant, by which the plaintiff committed seventy barrels of flour to the care of the defendant, to be carried to norfolk, and there ..... the nature of the act which is supposed to be a conversion. an infant is liable in trover although the goods were delivered to him under a contract and although they were not actually converted to his own use. a bill of exceptions ought to state that evidence was offered of the facts upon which .....

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1810

Sheehy Vs. Mandeville and Jamessen

Court : US Supreme Court

Decided on : Jan-01-1810

..... plaintiff to robert b. jamesson, which are the same goods, &c.;, that are mentioned in the plaintiff's declaration. page 10 u. s. 264 that a note, without a special contract, would not of itself discharge the original cause of action is not denied. but it is insisted that if, by express agreement, the note is received as payment, it satisfies ..... the original contract, and the party receiving it must take his remedy on it. this principle appears to be well settled. the note of one of the parties or of a third person ..... only to a case in which the original declaration was on a joint covenant, not to a case in which the declaration in the first suit was on a sole contract. in point of real justice, there can be no reason why an unsatisfied judgment against jamesson should bar a claim upon mandeville, and it appears to the court that this .....

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1810

Lewis Vs. Harwood

Court : US Supreme Court

Decided on : Jan-01-1810

..... by money or officers' certificates, and although the consent of both parties might be necessary to a payment in the latter way, still, as it made part of the written contract, the court cannot but perceive that on a certain contingency, it was to be considered as a bond on which it might, as it did, become necessary to assign breaches .....

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1810

King Vs. Delaware Insurance Company

Court : US Supreme Court

Decided on : Jan-01-1810

king v. delaware insurance company - 10 u.s. 71 (1810) u.s. supreme court king v. delaware insurance company, 10 u.s. 6 cranch 71 71 (1810) king v. delaware insurance company 10 u.s. (6 cranch) 71 error to the circuit court for the district of pennsylvania syllabus the questions whether the voyage be broken up and whether the captain was justified in returning are questions of law, and the finding thereupon by a jury is not to be regarded by the court. the british orders in council of 11 november, 1807, did not prohibit a direct voyage from the united states to a colony of france. if from fear founded on misrepresentation the voyage be broken up, the underwriters are not liable. error to the circuit court for the district of pennsylvania in an action of covenant upon a policy of insurance upon the freight of the venus from philadelphia to the isle of france. the vessel sailed early in december, 1807, before the british orders in council of the preceding november were known in the united states. on the afternoon of 16 january, 1808, while prosecuting her voyage, she was arrested by the british ship of war wanderer, by whom she was detained until the morning of the 18th, when she was restored to the captain, her papers being first endorsed with these words, "ship venus warned off 18 january, 1808, by his majesty's ship wanderer from proceeding to any port in possession of his majesty's enemies." "edward medley, 2d lieut." the captain was verbally informed by an officer of the .....

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