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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Year: 1825 Page 1 of about 8 results (0.037 seconds)

1825

Carneal Vs. Banks

Court : US Supreme Court

Decided on : Jan-01-1825

..... heirs have a right in equity to retain the title to the 2,000 acres of land as an indemnity for that undertaking. the testimony on this part of the cause is far from being satisfactory. the contract of 20 september, 1799, is expressed in such vague terms as to leave it in page 23 u. ..... , to madison's estate. it is alleged that banks agreed that the title to the 2,000 acres of land should remain in carneal as an indemnity for this undertaking, but this allegation is totally unsupported by evidence. carneal's heirs also charge that they or some of them have purchased the interest ..... in equity until he releases carneal's representatives from their undertaking to harvie, and carneal's heirs have a right in equity to retain the land as an indemnity for that undertaking. 4. if banks can recover on the agreement, his remedy is at law. 5. the decree against the heirs personally is erroneous. ..... might oppose considerable obstacles to a decree for a specific performance if sought by carneal's heirs, but does not justify a decree to set aside the contract. there is no subsequent purchaser, nor is it certain that the title which carneal's heirs can make will or can ever be disturbed by the ..... lands in the united states, was not devested by the abrogation of that treaty, and the expiration of the subsequent convention of 1800. bill to rescind a contract for the exchange of lands dismissed under the special circumstances of the case. page 23 u. s. 182 mr. chief justice marshall delivered the opinion of .....

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1825

Keplinger Vs. De Young

Court : US Supreme Court

Decided on : Jan-01-1825

..... machine. such a construction would be highly inconvenient and unjust to the rest of the community, since it might subject any man who might innocently contract with a manufacturer to purchase all the articles which he might be able to make within a limited period, to the heavy penalty inflicted by the ..... to interfere with the exclusive privilege secured to the defendant of purchasing the whole quantity which it might be practicable for them to make. if this contract was real, and not colorable, which is the obvious meaning of the instruction, and the defendant had no other connection with h. & k. ..... kirkner during the whole of the said period were delivered by them to the defendant, and by him received under and in conformity with the said contract. upon this evidence, the court, at the request of the defendant's counsel, instructed the jury that the plaintiff was not entitled to a verdict ..... precisely similar to that invented by the plaintiff was employed by the said hatch & kirkner in the manufacture of watch chains by them under the said contract, and with the knowledge and consent of the defendant during the whole period aforesaid, he and they having received notice on 5 may, 1820, of ..... to be manufactured with it, and with intent to invade the plaintiff's patent right, would amount to a breach of his right. effect of contracts to purchase patented articles from a manufacturer who infringes the patent right. mr. justice washington delivered the opinion of the court. this was a suit .....

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1825

Bank of the United States Vs. Bank of Georgia

Court : US Supreme Court

Decided on : Jan-01-1825

..... other bank deposited by the plaintiff in the bank of georgia as cash. that might depend upon a variety of considerations, such as the usages of banks and the implied contract resulting from their usual dealings with their customers and upon the general principles of law applicable to cases of this nature. the modern authorities certainly do in a strong manner ..... the legal result. what might be the rights of the plaintiffs against that bank in case of an unsuccessful issue of the present cause it is unnecessary to determine. the contract, whatever it may be, is res inter alios acta from which the defendants cannot and ought not to derive any advantage. it only remains to add that if the plaintiffs .....

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1825

Wayman Vs. Southard

Court : US Supreme Court

Decided on : Jan-01-1825

..... which, gentlemen say, is incapable of delegation. as construed by the court, this section is the recognition of a principle of universal law -- the principles that in every forum a contract is governed by the law with a view to which it was made. but the question respecting the right of the courts to alter the modes of proceeding in suits .....

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1825

De Wolf Vs. Johnson

Court : US Supreme Court

Decided on : Jan-01-1825

..... as to landed security, is personal and peculiar, and however a third person having an interest in the land may be affected incidentally by a usurious contract, he cannot take advantage of the usury. some exceptions may exist to this rule under bankrupt systems, but they are statutory and peculiar. here, ..... island, is six percent. accordingly, all the instruments of writing which appertained to the old contract were surrendered mutually, and a new mortgage given to secure the balance now sued for, the original sum having been reduced by large actual payments ..... usury. upon this, de wolf repaired to kentucky, and there instituted a new negotiation with prentiss personally, having for its object to clear the contract from all usurious incidents and to take security for the sum loaned at the legal interest of kentucky, which, as well as that of rhode ..... pro confesso. james johnson files an answer, claiming as bona fide purchaser for a valuable consideration and setting up the defense of usury in the contract between prentiss and the complainant and putting the complainant generally upon his proof. he also denies notice of de wolf's mortgage otherwise than by ..... , claiming as a bona fide purchaser for a valuable consideration and setting up the defense of page 23 u. s. 369 usury in the contract between prentiss and the appellant de wolf and also denying notice of the mortgage except by vague report, which report was accompanied with the suggestion .....

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1825

Janney Vs. Columbian Insurance Company

Court : US Supreme Court

Decided on : Jan-01-1825

..... be repaired or renovated and still leave enough of the hull to maintain her identity. a state of hopeless and absolute decay, therefore, is never in the contemplation of the contract. and whether expressed or not, the consideration whether the value when repaired would exceed the expense invariably enters into the decision of surveyors upon a question of seaworthiness. as, then ..... . and the question is whether the bill of exceptions makes out the casus faederis. this gives rise to three questions: was the survey regular? was the condemnation conformable to the contract? and does the one or the other bring the case within the terms of the stipulation? with regard to the survey, the case is a very clear one. the laws .....

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1825

The Plattsburgh

Court : US Supreme Court

Decided on : Jan-01-1825

..... any part of the guilt of this transaction, and upon the sales of the same at st. jago de cuba, the proceeds were regularly remitted to them. these shippers all contracted with stark for the shipment and freight of their goods, and he informed one of page 23 u. s. 137 them that he had purchased the schooner for certain persons .....

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1825

Brent Vs. Davis

Court : US Supreme Court

Decided on : Jan-01-1825

..... the lottery should restore him the price of his ticket than that the whole proceeding should be declared a nullity. the general quiet is more consulted by considering his particular contract as void for want of consideration than by annulling all the rights acquired in the course of the drawing. we do not think the case materially varied by placing the .....

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