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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Year: 1871 Page 1 of about 36 results (0.037 seconds)

1871

Hall and Long Vs. Railroad Companies

Court : US Supreme Court

Decided on : Jan-01-1871

..... be dealt with as if he were not so. he does not stand, therefore, on the same footing with that of an insurer, who may have entered into his contract of indemnity, page 80 u. s. 373 relying upon the carrier's vigilance and responsibility. in all cases, when liable at all, it is because he is proved or presumed to be ..... often loosely so called. the extent of his responsibility may be equal to that of an insurer, and even greater, but its nature is not the same. his contract is not one for indemnity, independent of the care and custody of the goods. he is not entitled to a cession of the remains of the property, or to have the loss adjusted ..... ownership of the goods and the risk incident thereto, the owner and the insurer are considered but one person, having together the beneficial right to the indemnity due from the carrier for a breach of his contract or for nonperformance of his legal duty. standing thus, as the insurer does, practically in the position of a surety stipulating that the goods shall ..... has indemnified the owner for the loss, he is entitled to all the means of indemnity which the satisfied owner held against the party primarily liable. his right rests upon familiar principles of equity. it is the doctrine of subrogation, dependent not at all upon privity of contract, but worked out through the right of the creditor or owner. hence it has .....

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1871

insurance Company Vs. Bailey

Court : US Supreme Court

Decided on : Jan-01-1871

..... respects by different rules of construction from those applied by the courts in case of policies against marine risks or policies against loss by fire. marine and fire policies are contracts of indemnity, by which the claim of the insured is commensurate with the damages he sustained by the loss of, or injury to, the property page 80 u. s. 619 insured ..... and that the party effecting the policy had an insurable interest, such as is described, in the life of the person insured at the inception of the contract, as the contract is not merely for an indemnity, as in marine and fire policies. two policies for insurance upon the life of albert bailey, the husband of the appellee, were issued by the appellants ..... must necessarily have some pecuniary interest in the life of the cestui qui vie are founded in an erroneous view of the nature of the contract, that the contract of life insurance is not necessarily one merely of indemnity for a pecuniary loss, as in marine and fire policies, that it is sufficient to show that the policy is not invalid as a ..... . such being the nature of the contract, it is clear that an absolute sale of the property insured, prior to the alleged disaster, is a good defense to an action on the policy, as the insured cannot justly claim indemnity for the loss of, or injury to, property in which he had no insurable .....

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1871

Cross Vs. United States

Court : US Supreme Court

Decided on : Jan-01-1871

..... had undertaken to assign the lease to cross, and no question was made as to his ownership until the secretary of the treasury attempted to rescind the contract. then it was discovered that the assignment lacked legal formality, and the government availed itself of this defense, and this only, in the court of ..... may be set up and established by or on behalf of the heirs or representatives of the said daniel saffarans, deceased, under or by virtue of said contract or lease. " cross accordingly, after the passage of the resolution, by a supplemental petition, asked the court of claims to rehear the cause and ..... treasury of that day, availing himself of an apparent legal informality in the assignment of the lease, against the written protest of cross, rescinded the contract. on the 15th of november, 1856, cross petitioned the court of claims for relief, but failed to obtain it on the ground that the assignment of ..... warehouse in san francisco. alexander cross advanced the money to complete the building, and was compelled for his own protection to purchase the property and the contract of lease. the lease was assigned to him and the warehouse occupied by the government for a term of three years, when the secretary of the ..... no money should be paid him from the treasury until after he had given indemnity against any demand which might be set up by the heirs of a. (the original lessor) "under or by virtue of the said lease or contract." held that b. could sue in the court of claims for all the .....

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1871

Stockwell Vs. United States

Court : US Supreme Court

Decided on : Jan-01-1871

..... the government in the unembarrassed enjoyment of its rights to all goods and page 80 u. s. 547 merchandise illegally imported, and it proportioned indemnity for infringement upon such rights to the loss which such infringement might cause. the amount recoverable is in proportion to the value of the goods abstracted ..... by him in the course of the partnership page 80 u. s. 548 business, is familiar doctrine. it rests upon the theory that the contract of partnership constitutes all its members agents for each other, and that when a loss must fall upon one of two innocent persons, he must bear ..... the liability imposed by the statute of double the value is arbitrary and without reference to indemnification. double the value may not be more than complete indemnity. there are many cases in which a party injured is allowed to recover in a civil action double or treble damages. suits for infringement of ..... of the government to seize and appropriate to its own use property illegally imported that the statute of 1823 was aimed. it was to secure indemnity for a wrong to rights of property. the instant that goods are illegally imported, the instant that they pass through the custom house without the ..... sum which can readily be reduced to a certainty -- a sum requiring no future valuation to settle its amount. it is not necessarily founded upon contract. it is immaterial in what manner the obligation was incurred or by what it is evidenced if the sum owing is capable of being definitely ascertained .....

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1871

Pennsylvania College Cases

Court : US Supreme Court

Decided on : Jan-01-1871

..... be page 80 u. s. 199 there given to them; and that the defendants justified the proposed action, under the supplement of 1869; that the said scholarship certificates constituted subsisting contracts between the complainants and the trustees of jefferson college, in canonsburg &c.;, entitling them to have the granted tuition &c.;, at that place, in the college there; and that ..... the case came up on bill and answer. there was no dispute about facts. the question was the validity of the "supplemental" act of 1869; the question, namely, whether the contract of scholarships between the complainants and others and jefferson college, did not interpose a constitutional barrier to any legislative grant of authority to the trustees of the college to surrender ..... ] of course these remarks apply only to acts of incorporation which do not contain any reservations or provisions annexing conditions to the charter modifying and limiting the nature of the contract. cases often arise where the legislature, in granting an act of incorporation for a private purpose, either make the duration of the charter conditional or reserve to the state ..... , may be made, and it is also conceded that where they exist, the exercise of the power reserved by a subsequent legislature does not impair the obligation of the contract created by the original act of incorporation. subsequent legislation altering or modifying the provisions of such a charter, where there is no such reservation, is certainly unauthorized if it .....

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1871

French Vs. Shoemaker

Court : US Supreme Court

Decided on : Jan-01-1871

..... the agreement, but those allegations are expressly denied in the answer to the cross-bill, and being unsustained by any satisfactory proofs the defense must be overruled. inequitable and unconscionable contracts, it is said, ought not to be sustained, but it is not possible to regard the arrangement in question as falling within that category, as by the terms of ..... overcome by threats, importunities, and deceptive influences, he was ultimately forced to sign the agreement upon the condition that the complainant would advance him five thousand dollars, and that the contract should be immediately carried into effect. page 81 u. s. 332 even if admitted to be true the answer does not show that the instruments were executed under duress, ..... making the charges has failed to introduce any sufficient proof to warrant a finding in his favor in respect to anyone of the accusations. nearly eight months elapsed after the contracts were signed before the county court rendered their decree annulling the charter of the spurious company and restoring the railroad to its rightful owners. they entered the final decree ..... having been fraudulently made by the said complainant, stevens, smith, and phelps, in violation of the fiduciary relations they sustained to the said washington, alexandria & georgetown railroad company; that the contract to purchase the interest of the said defendant and the said lenox, and to furnish, supply, and advance the means to carry on the litigation of the suit then pending .....

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1871

United States Vs. Russell

Court : US Supreme Court

Decided on : Jan-01-1871

..... of all difficulty, as the jurisdiction of the court, by the express words of the act of congress, extends to claims founded upon an implied contract as well as upon that which is express. certain other acts of congress have been passed in respect to property impressed or employed in the ..... footnote 7 ] express authority therefore is given to the court by that act to hear and determine claims founded upon a contract with the government of the united states, whether express or implied. claims of the kind before the court would certainly be within the jurisdiction of ..... establishing the court to hear and determine all claims founded upon any law of congress, or upon any regulation of an executive department, or upon any contract express or implied with the government of the united states, which may be suggested to it by a petition regularly filed in the court. [ ..... to hear and determine all claims against the united states "founded on any law of congress, or upon any regulation of an executive department, or upon any contract, express or implied, with the government of the united states." a subsequent act, however, the act of july 4, 1864, [ footnote 2 ] enacts ..... u.s. (13 wall.) 623 appeal from the court of claims syllabus 1. where the government, in emergencies, takes private property into its use, a contract to reimburse the owner is implied. 2. the united states having, under a military emergency, during the rebellion, taken into its service certain already officered and .....

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1871

insurance Company Vs. Wilkinson

Court : US Supreme Court

Decided on : Jan-01-1871

..... thus obtained, and the policies are delivered at their hands to the assured. the agents are stimulated by letters and instructions to activity in procuring contracts, and the party who is in this manner induced to take out a policy, rarely sees or knows anything about the company or its ..... party making the insurance to have been an individual and to have been present when the application was signed, and soliciting the assured to make the contract of insurance, and that the insurer himself page 80 u. s. 233 wrote out all these representations, and was told by the plaintiff and ..... against him. in the case before us, a paper is offered in evidence against the plaintiff containing a representation concerning a matter material to the contract on which the suit is brought, and it is not denied that he signed the instrument and that the representation is untrue. but the parol ..... of protecting those who are honest, accurate, and prudent in making their contracts against fraud and false swearing, against carelessness and inaccuracy, by furnishing evidence of what was intended by the parties, which can always be produced without ..... the instructions of the court on that subject, and assigns the ruling of the court as error on the ground that it permitted the written contract to be contradicted and varied by parol testimony. the great value of the rule of evidence here invoked cannot be easily overestimated. as a means .....

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1871

Osborn Vs. Nicholson

Court : US Supreme Court

Decided on : Jan-01-1871

..... right, in conformity with which some of the highest courts of the late slave states, notably that of louisiana, have decided, and all might, on the same principles, decide, slave contracts to be invalid as inconsistent with their jurisprudence, and this court has properly refused to interfere with those decisions. 4th. that the clause in the fourteenth amendment of the constitution ..... of the united states was adopted, the rights of the plaintiff in this action had become legally and completely vested. rights acquired by a deed, will, or contract of marriage or other contract executed according to statutes subsequently repealed subsist afterwards as they were before, in all respects as if the statutes were still in full force. this is a principle ..... right, and have no validity unless sustained by positive law; that the right to enforce them rests upon the same foundation, and that when the institution is abolished all such contracts and the means of their enforcement, unless expressly saved, are thereby destroyed. slavery was originally introduced into the american colonies by the mother country, and into some of them against ..... civilized country elsewhere, the right to sue upon it was not to be considered as taken away by the thirteenth amendment above quoted, and passed only after rights under the contract had become vested, destruction of vested rights by implication never being to be presumed. the case was argued on both sides interestingly and with ability and learning. mr. justice .....

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1871

United States Vs. Wormer

Court : US Supreme Court

Decided on : Jan-01-1871

..... as the regulations prescribed do not seem to have been unreasonable, the claimant cannot complain. if he chose, under these circumstances, to fling up his contract, he must be content to suffer any incidental damage which he may have incurred page 80 u. s. 29 in making preparations for its performance ..... were issued a few days after the date of the contract, which required, amongst other things, that horses proposed for sale to the government should be placed in the inspection yard at least twenty-four ..... were to be removed by the contractor within one day after receiving notice of their rejection. payment was to be made on completion of the contract, should congress have made an appropriation for that purpose, or as soon thereafter as funds might be received. instructions for inspectors of cavalry horses ..... claim, it holding that the new regulations were not unreasonable. the claimant demanded $15,000 from the government by way of damages for breach of contract. the principal facts page 80 u. s. 26 were that on the 26th day of february, 1864, he entered into a written agreement with ..... all horses "manifestly intended as a fraud on the government, because of incurable disease or any purposely concealed defect." the contractor threw up his contract and claimed damages, which the court of claims allowed him, to the extent which it deemed would make him whole. this court reversed the judgment .....

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