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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Year: 1843 Page 1 of about 11 results (0.039 seconds)

1843

Hammond's Administrator Vs. Washington's Executor

Court : US Supreme Court

Decided on : Jan-01-1843

..... and this surely was the place in which such terms, or conditions, if they really belonged to the contract, should have been expressed. the view here presented is fortified by the instrument of indemnity executed by hammond to the executors contemporaneously with the assignment by the latter to him of ashton's ..... court, and insisted on in the argument here, that the terms of the assignment to hammond, as well as those of the instrument of indemnity given to the executors upon receiving that assignment, constitute an agreement that hammond should be unconditionally bound for ashton's debt. we have shown that ..... is expressed both in the memorandum required by the executors to be appended to their assignment of ashton's mortgage and in the separate instrument of indemnity executed to the executors by hammond upon his receiving that assignment. under such circumstances, what rational inducement could exist on the part of hammond ..... due from ashton, after making the discounts to which he is entitled," &c.;, forcibly elucidates the meaning and objects of the parties to that contract. the amount of hammond's interest in the estate, the amount too of ashton's debt to the executors, and of the portion claimed in ..... the part of the executors; let us see how far it is warranted by the language of the instruments referred to as amounting to express and positive contract. in the written assignment to hammond, this is the language used: "have bargained, sold, assigned &c.;, all the right, title &c.;, in .....

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1843

Nelson Vs. Carland

Court : US Supreme Court

Decided on : Jan-01-1843

..... where the law causes to be distributed, the property of the debtor among his creditors -- this is its least limit. its greatest is a discharge of the debtor from his contracts. and all intermediate legislation, affecting substance and form but tending to further the great end of the subject -- distribution and discharge -- are in the competency and discretion of congress ..... debts. few provisions in the constitution have had more beneficial consequences than this, and the kindred inhibition on the states that they should pass no law impairing the obligation of contracts." "the inhabitants of states producing largely must be creditors; the inhabitants of those that are consumers will be debtors; bankrupt laws of the latter states might ruin the ..... but the restrictions depend on general principles of international law and other parts of the constitution -- especially that which prohibits the states from passing any law impairing the obligations of contracts, as will be seen by reference to the leading case on the subject, of sturges v. crowninshield, 4 wheat. 122. what the states might do before the adoption ..... to such a prohibition on themselves, for such reasons, if they had understood that congress could, at its pleasure, under color of bankrupt laws, authorize the abrogation of all contracts?" pursuant to the opinion, decrees were entered, dismissing the first cases presented for final discharges in the district of missouri, and some twelve hundred more, depending in that court, .....

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1843

Bronson Vs. Kinzie

Court : US Supreme Court

Decided on : Jan-01-1843

..... the statutory bar is only interposed where the obligee has been grossly negligent. there was no such condition of vigilance at the date of the contract, and if the above argument be sound, no subsequent action of the legislature can impair its obligation by materially retarding its enforcement, much less ..... judicial discretion find a limit? there must be some limit. if the legislature may not modify the remedy at their discretion in regard to existing contracts, they must be prohibited from making any change. any departure from this rule of construction must depend upon the arbitrary decision of the courts. ..... discharged there is a resulting trust for the mortgagor. conard v. atlantic insurance company, 1 pet. 441. it is upon this construction of the contract that courts of equity lend their aid either to the mortgagor or mortgagee in order to enforce their respective rights. the court will, upon the ..... life. it was undoubtedly adopted as a part of the constitution for a great and useful purpose. it was to maintain the integrity of contracts and to secure their faithful execution throughout this union by placing them under the protection of the constitution of the united states. and it ..... worth pursuing. and no one, we presume, would say that there is any substantial difference between a retrospective law declaring a particular contract or class of contracts to be abrogated and void and one which took away all remedy to enforce them or encumbered it with conditions that rendered it .....

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1843

Buchannon Vs. Upshaw

Court : US Supreme Court

Decided on : Jan-01-1843

..... has conferred on him the corresponding power to receive payment. but this could not affect upshaw's title. buckner took no interest by his contract with shackleford; nor did the complainants acquire any by their purchase from buckner. their equities originated with upshaw's sanction, given after the power ..... between their immediate vendor, buckner, and his vendor, upshaw. it follows, they must perform the covenants favorable to the defendant found in the contracts on which they seek relief. therefore, before upshaw can be compelled to convey the land, he is entitled to receive the purchase money, unless ..... full therefor, received conveyances, and entered into possession. on 18 april, 1801, upshaw, having made some payments to shackleford, entered into a new contract with him, which was endorsed on the original one, stating "that since the date of the within, shackleford had, with the consent of upshaw, ..... land in the virginia military district of ohio, and within clermont county. he sold three hundred acres of this tract to one buchannon, and contracted to convey the remaining seven hundred (the land in controversy in the present suit) to lyne shackleford. on 10 april, 1797, shackleford ..... upshaw brought an ejectment and obtained a judgment. buckner's assignees filed a bill to obtain a perpetual injunction. there is a privity of contract between them and upshaw, and a perpetual injunction will be granted upon their fulfilling the obligations of buckner, their assignor; it was not their .....

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1843

Jewell's Lessee Vs. Jewell

Court : US Supreme Court

Decided on : Jan-01-1843

..... instruction requested by the defendant, and refused the third instruction asked for by the plaintiff, and upon the sixth directed the jury that if the contract be made per verba de praesenti, and remains without cohabitation, or if made per verba de futuro, and be followed by consummation, it amounts ..... notice" "the subscriber forbids all persons from giving credit to mrs. sophie prevost on his account, as he will pay no debts whatever she may contract." "benjamin jewell" but the court refused to allow the evidence to be read, and these two points of evidence form the subject of the first ..... instruction prayed by the plaintiffs. and as to the sixth instruction prayed by the plaintiffs, the said justices instructed the jury that" " if the contract be made per verba de praesenti and remains without cohabitation, or if made per verba de futuro and be followed by consummation, it amounts to ..... by mutual consent." "2. that if the jury believe a marriage was celebrated in savannah by a magistrate, the moment the celebration was over, the contract was perfect and indissoluble." "3. that even if the paper signed in savannah in march, 1796, was signed by sophie prevost, and was so ..... " " notice" " the subscriber forbids all persons from giving credit to mrs. sophie prevost on his account, as he will pay no debts whatever she may contract." " [signed] benjamin jewell" "but the court refused to allow the evidence to be read, to which ruling of the court the plaintiff excepted." second bill .....

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1843

United States Vs. Linn

Court : US Supreme Court

Decided on : Jan-01-1843

united states v. linn - 42 u.s. 104 (1843) u.s. supreme court united states v. linn, 42 u.s. 1 how. 104 104 (1843) united states v. linn 42 u.s. (1 how.) 104 error to the circuit court of the united states for the district of illinois syllabus a plaintiff may, in an action in form ex delicto against several defendants, enter a nolle prosequi against one of them. but in actions in form ex contractu, unless the defense be merely in the personal discharge of one of the defendants, a nolle prosequi cannot be entered as to one defendant without discharging the other. qu. whether a plea which sets up new matter and concludes "to the country" is good. a plea alleging merely that seals were affixed to a bond without the consent of the defendant, without also alleging that it was done with the knowledge, or by the authority or direction of the plaintiffs, is not sufficient. a plea which has on the face of it two intendments ought to be construed most strongly against the party who pleads it. a party who claims under an instrument which appears on its face to have been altered is bound to explain the alteration, but not so when the alteration is averred by the opposite party and it does not appear upon the face of the instrument. where the plea is bad and the demurrer is to the plea, the court, having the whole record before them, will go back to the first error. where the date of a surety bond is subsequent to the appointment of the principal to office, the declaration should allege .....

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1843

Morris Vs. Executor of Nixon

Court : US Supreme Court

Decided on : Jan-01-1843

..... and other parties, alleging that the deed was only a security for the money loaned; that, at the time of its execution, there was not, between himself and nixon, any contract, agreement, understanding, or negotiation for a sale; that nixon had furnished no account of his agency, and praying for an account and general relief. the parties all answered, and in .....

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1843

Bell Vs. Bruen

Court : US Supreme Court

Decided on : Jan-01-1843

..... than produce confusion. such has been the consequence of the attempt to subject this description of commercial engagement to the same rules of interpretation applicable to bonds and similar precise contracts. of the fallacy of which attempt the investigation of this cause has furnished a striking and instructive instance. these are considerations applicable to both of the arguments. the construction ..... legal advice; they contain the entire contract, beyond which the courts rarely look for circumstances to aid, in their construction. and if there be sureties bound by them and the meaning is doubtful, the construction is restricted ..... 3 east 484; 4 taunt. 673; 8 moore 588; 1 perry & d. 249; 10 adolph. & ellis, 30. the adjudged cases referred to, giving a construction to bonds with conditions and contracts made directly between debtor and creditor, afford little aid in arriving at the true understanding of a commercial guarantee. bonds, &c.;, are entered into with caution, and often after taking ..... to be true. in england, the same end is attained by moving for a nonsuit. for the defendant it is contended that the letter of april 21, 1831, is a contract, preceded by a recital, and that the engagement extends no further than the recital. the recital introduces in direct terms, or by reference, the entire arrangement made between plaintiffs .....

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1843

Smith Vs. Condry

Court : US Supreme Court

Decided on : Jan-01-1843

..... under a certain penalty to take a pilot, and provides that no owner or master shall be answerable for any loss or damage, nor be prevented from recovering on any contract of insurance, by reason of any default or neglect on the part of the pilot. but this statute did not repeal the previous one of 37 geo. 3 for the .....

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1843

Mcclurg Vs. Kingsland

Court : US Supreme Court

Decided on : Jan-01-1843

mcclurg v. kingsland - 42 u.s. 202 (1843) u.s. supreme court mcclurg v. kingsland, 42 u.s. 1 how. 202 202 (1843) mcclurg v. kingsland 42 u.s. (1 how.) 202 error to the circuit court of the united states for the western district of pennsylvania syllabus if a person employed in the manufactory of another, while receiving wages, makes experiments at the expense and in the manufactory of his employer, has his wages increased in consequence of the useful result of the experiments, makes the article invented and permits his employer to use it, no compensation for its use being paid or demanded, and then obtains a patent, these facts will justify the presumption of a license to use the invention. such an unmolested and notorious use of the invention prior to the application for a patent will bring the case within the provisions of the 7th section of the act of 1839, c. 88. the assignees of a patent right take it subject to the legal consequences of the previous acts of the patentee. the 14th and 15th sections of the act of 1836, c. 357, prescribe the rules which must govern on the trial of actions for the violation of patent rights, and these sections are operative, so far as they are applicable, notwithstanding the patent may have been granted before the passage of the act of 1836. the words "any newly invented machine, manufacture, or composition of matter" in the 7th section of the act of 1839 have the same meaning as "invention" or "thing patented." the facts are sufficiently .....

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