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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Year: 1851 Page 1 of about 25 results (0.058 seconds)

1851

Philadelphia, W. and B. Railroad Co. Vs. Howard

Court : US Supreme Court

Decided on : Jan-01-1851

..... indemnify and protect the party of the second part from loss, in case of default and forfeiture of this contract." there is a wide difference both in fact and in law between indemnity and forfeiture, yet it is the former and not the latter which the parties had in view. whether an ..... if he failed to do so, the other party was entitled to damages. where the contract authorized the company to retain fifteen percent of the earnings of the contractor, this was by way of indemnity, and not forfeiture, and they were bound to pay it over unless the jury should be ..... the first is that this instruction assumed the existence of evidence, competent to go to jury, to prove that the defendants fraudulently terminated the contract under the clause which enabled them to declare it forfeited. to this objection it is a conclusive answer that the defendants themselves prayed for an ..... plaintiffs are entitled to recover for such damage." "11th. that plaintiffs are entitled to recover for all work and labor actually done and performed under said contract, including the 15 percent retained upon the several estimates, after deducting the payments shown to have been made." and the defendant offered the following. " defendant ..... well as the just result is that after indemnity is made and the sole purpose of the fund fully executed, the residue of it shall go to the person to whom it equitably belongs. rightly construed, the words "until the completion of the contract" refer to the time during which all monthly .....

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1851

Bradford Vs. Union Bank of Tennessee

Court : US Supreme Court

Decided on : Jan-01-1851

..... record, he was abundantly able to meet the demand. if payment had been enforced he would have been left to look to brown, the principal, for indemnity, who, it is admitted, was insolvent. in this state of the proceedings, he applied to the defendants through his brother, the other complainant, for ..... was made, to have refused it. we are satisfied, therefore, that the case falls within the established principles of equity, in granting relief against contracts entered into upon a mistake, and misapprehension of the facts, and where the enforcement of which would enable one of the parties to obtain a ..... from the truth of that intent. in all such cases, if the mistake is clearly made out by proofs entirely satisfactory, equity will reform the contract, so as to make it conformable to the precise intent of the parties." 1 story's eq. jurisprudence 164. and lord hardwicke remarked in henkle ..... of this view, the evidence is admissible and proper to show the understanding and real intent of the parties, although different from that which the written contract imports on its face. "one of the most common classes of cases," says judge story in his commentaries on equity jurisprudence, "in which relief ..... conceded that the vendee was entitled to it, and that actual possession was taken accordingly. indeed, the courts of mississippi regard the vendor in contracts of this description as standing, in most respects, upon the footing of one who has already conveyed the title, and taken back a mortgage as .....

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1851

Gaines Vs. Relf

Court : US Supreme Court

Decided on : Jan-01-1851

..... clark, by his marriage with her mother, zulime carriere. that when the marriage took place, the parties were willing to contract, able to contract, and that they did contract marriage in pennsylvania according to the laws of that state, in the year eighteen hundred and two. i also think that there ..... purpose, is absolutely decisive of the reverse. it sustains, inferentially, the view of the right of the inheritance of children under a valid marriage contracted out of louisiana, and directly the right of the husband to a marital portion, though he violated the laws of louisiana in running away ..... on account of the domicile of the parties in louisiana, to its laws prohibiting clandestine marriages. in other words, that a secret marriage lawfully contracted by persons in transitu in a sovereignty in which such a marriage is not prohibited, will not give legitimacy to the offspring within the jurisdiction ..... tutae. the civil impediments are those which proceed from want of understanding &c.;, and from previous marriage, the wife or husband of the party contracting a second marriage being alive. for such causes as have just been stated, divorces could be granted a vinculo matrimonii. such was the law ..... with desgrange was admitted, but it was alleged to have been null and void ab initio because desgrange had another wife living when he contracted his marriage with zulime carriere. part of the evidence to sustain this charge of bigamy against desgrange is recited in the opinion of the court .....

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1851

Richmond, F. and P. R. Co. Vs. Louisiana R. Co.

Court : US Supreme Court

Decided on : Jan-01-1851

..... that in case the richmond, fredericksburg & potomac railroad company shall, at the next annual meeting of the stockholders, stipulate and agree, from and after the expiration of the present contract with the louisa railroad company, to carry all passengers and freight coming from the louisa railroad from the junction to the city of richmond, at the same rate per mile ..... the obligation of the contract, by authorizing another road to be built, the probable effect of which would be, to diminish the number of passengers traveling on the complainants' road between the junction and ..... be secured to the complainants, and if they are excluded therefrom, i know of none who would be included, unless upon the interpretation already considered and rejected, that the contract was designed to embrace only passengers traveling the entire distance between richmond and washington. it is not absolutely necessary to go any further to find that this extension act impairs ..... to harrisonburg; that on 28 december, 1838, this railroad was opened from louisa courthouse to the junction with complainants' road. the bill then gives a history of the several contracts made between the two companies for the transportation of the freight and passengers of the louisa railroad from the junction to richmond, and of the frequent and protracted disputes and .....

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1851

Buckingham Vs. Mclean

Court : US Supreme Court

Decided on : Jan-01-1851

..... the market value of this change, is evidence of the real intent of the parties, and so evidence of the validity of the contract. our opinion is that usury was not made out in either of these mortgages and that there was no error in the decree of the court below declaring their validity ..... and forbearance but for a change in the place of payment, then the contract is lawful, and in determining whether the excess over six percent has been reserved for interest or as a just compensation for changing the place of payment, the custom, or ..... regular and customary compensation for the loss in value by change of place of payment. it is argued that no usage, or custom can make an unlawful contract valid. this must be admitted. but the contract is not unlawful unless more than six percent has been reserved or taken for interest; if more has been reserved or taken, not for the loan ..... valid, for the principal sum lent, with lawful interest thereon, yet, if a banking corporation make a usurious contract, it is utterly void, because such a banking corporation has no lawful authority to make such a contract, exceeds its powers by attempting to do so, and consequently neither party is bound thereby. we have not thought it necessary to examine this position .....

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1851

Harris Vs. Runnels

Court : US Supreme Court

Decided on : Jan-01-1851

..... repealing the act permitting slaves to be brought into the state for sale. in addition to the penalty, it is declared in terms that all contracts in contravention of it shall be void. there could not be, from statutes in pari materia, especially in one repealing another and substituting new ..... such as do not comply with the directions in the fourth, is to be equally inflicted upon the buyer and the seller. make, then, this contract void, by the application of the rule pari delicto potior conditio est defendentis et possidentis, and the defendant, in the event of his conviction for ..... counteracting. those in the courts of our states have followed them without much discrimination. no one can read anyone of the recent elementary treatises upon contracts without noticing the differences of opinion among judges as to the operation of the rule. showing, however, as they do the history of these ..... affixing a penalty to the performance or omission thereof. it makes no difference whether the prohibition be expressed or implied. in either case, a contract in violation of its provisions is void. the rule is certain and plain. the practice under it has been otherwise. the decisions in the english ..... the county from which they came, certifying that the signers were respectable freeholders, and slaves were brought in without such certificate and sold, the contract is not void, but the purchaser must pay his note given for the purchase money. other parts of the statute indicate that the legislature did .....

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1851

Russell Vs. Southard

Court : US Supreme Court

Decided on : Jan-01-1851

..... judgment, however, these acts, taken in connection with other facts proved, do not tend to support the defendants' case. russell had, by his written contract to procure the release of his wife's dower, subjected himself to pay liquidated damages to the extent of three thousand dollars, and he might desire to ..... daniel r. southard, answering, as he declares, from personal knowledge, sets out with great minuteness a case of an absolute and unconditional sale; the written contract by his brother to reconvey being, as he says, a mere gratuity conferred on russell the next day, or the next but one, after this absolute ..... c. russell i think on the same day, presented the agreement, and asked me to witness the same, which i did. my understanding of the contract was both from southard and russell and my distinct impression is that russell was to pay the money in four months, and take back the farm." ..... in the consistency of his statements with the prominent facts proved in the case. this is all the proof touching the negotiations which led to the contract; but there is some evidence bearing page 53 u. s. 151 directly on the real understanding of the parties. doctor johnston was the subscribing witness ..... of the farm largely exceeded the alleged price. it appears that russell had entrusted the care of this farm to an agent named wing, who had contracted debts for which russell had been sued, on coming to louisville from alabama, where he resided. he was a stranger, without friends or resources .....

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1851

Very Vs. Levy

Court : US Supreme Court

Decided on : Jan-01-1851

..... is not open to the complainant. no fraud is charged in the bill, and though the complainant may not have anticipated, when the bill was filed, that this contract would be set up in the answer as a defense, yet on the coming in of the answer he might have amended his bill, as he did in another ..... without undertaking to state the contents of levy's letter or the substance of its contents cannot be deemed sufficient to prove a refusal by levy to perform his contract. before the defendant can be prejudiced by testimony of a refusal, it is reasonable the court should know what it was. it certainly was not a refusal to ..... credit to the obligor or to subject the principal to any risk or place his claim in any less advantageous position than it would have been in if no contract had been made in reference thereto. it must be borne in mind that it is proved by marcus dotter and emanuel levy and other witnesses that the defendant ..... accept payment of the balance of the bond in these articles; he delivered to very the jewelry received, but says he did not tell very of the contract to receive the balance in goods; and eleven months afterwards he wrote the letter of 3 february, which seems to be a new proposal, as if no ..... contract had yet been made on the subject; he misstates the contents of his own letter in a material particular, says he has lost levy's letter, but .....

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1851

Sargeant Vs. State Bank of Indiana

Court : US Supreme Court

Decided on : Jan-01-1851

..... these county commissioners or board of justices had come into existence. we think there can be no question as to the power of the state to create or authorize a contract which should operate in this mode. the acts of the board of commissioners for selecting the county seat, those of the board of county justices, and of the donors of ..... -- "1. that the title bonds given in evidence by the defendant were void as against samuel sargeant and his heirs for want of an obligee in existence capable of being contracted with at the time of the delivery of these bonds." "2. that the title bonds are a nullity as against the said sargeant and his heirs." "3. that the record ..... : "1. that the title bond given in evidence by the defendant is void as against samuel sargeant and his heirs, for want of an obligee in being capable of being contracted with at the time of the delivery of said bond." "2. that the said title bond is a nullity as against said sargeant and his heirs." "3. that the record ..... page 53 u. s. 383 county which clearly authorized them to call for the legal title from sargeant. they show a written contract formally entered into and solemnly recognized by him, and a fair equivalent or consideration for that contract in the enhanced value of property arising from the establishment of the seat of justice, forming an obligation from which neither sargeant .....

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1851

The Propeller Genesee Chief

Court : US Supreme Court

Decided on : Jan-01-1851

..... modes provided, but according to the opinions of the judiciary, entertained upon their views of expediency and necessity. my opinions may be deemed to be contracted and antiquated, unsuited to the day in which we live; but they are founded upon deliberate conviction as to the nature and objects of limited ..... we have expressed. for everyone would suppose that after the decision of this court in a matter of that kind, he might safely enter into contracts upon the faith that rights thus acquired would not be disturbed. in such a case, stare decisis is the safe and established rule of judicial ..... of the thomas jefferson, afterwards followed in the steamboat orleans v. phoebus, as already mentioned. for with this exception, the cases always arose on contracts for services on tidewater or were upon libels for collisions or other torts committed within the ebb and flow of the tide. there was therefore no ..... is as extensive upon land as upon water. the constitution makes no distinction in that respect. and if the admiralty jurisdiction, in matters of contract and tort which the courts of the united states may lawfully exercise on the high seas, can be extended to the lakes under the power ..... and the enacting clause conforms to the title. it declares that these courts shall have, possess, and exercise the same jurisdiction in matters of contract and tort arising in or upon or concerning steamboats and other vessels of twenty tons burden and upwards, enrolled and licensed for the coasting trade .....

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