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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Year: 1893 Page 1 of about 80 results (0.039 seconds)

Nov 06 1893 (FN)

Wager Vs. Providence Ins. Co.

Court : US Supreme Court

Decided on : Nov-06-1893

..... will 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 ..... of insurance attached thereto, to armour, plankinton & co. at new york. wager signed and delivered to h. morse & co. a collateral or sub-affreightment contract or bill of lading, in the following words and figures: "buffalo, may 18, 1883." "shipped by h. morse & co., in apparent good order, ..... new england underwriters" "the security insurance co., of new haven, conn." "the providence washington insurance co., of providence, r.i." "each acting and contracting for itself, and not one for the other, for the true performance of the premises, each company for its own part only, which is one-half of ..... which the satisfied owner held against the party primarily liable. his right rests upon familiar principles of equity. it is the right of subrogation, not at all upon privity of contract, but worked out through the right of the ..... surety, stipulating that the goods shall not be lost or injured in consequence of the peril insured against, whenever he has indemnified the owner for the loss he is entitled to all the means of indemnity .....

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May 15 1893 (FN)

Union Pacific Ry. Co. Vs. Goodridge

Court : US Supreme Court

Decided on : May-15-1893

..... corporation for a like service from the same place, or upon like conditions and under similar circumstances, and all concessions of rates, drawbacks, and contracts for special rates shall be open to and allowed all persons, companies, and corporations alike at the same rate per ton per mile upon ..... its connection with this company and to enter into negotiations with the marshall company for its supply of coal. these negotiations resulted in the contract of october 13, 1885, wherein the coal company agreed, on its part first, to furnish the railroad with all coal needed for its ..... a railway company under the statute of colorado of 1880 to recover triple damages for an unjust discrimination in freights, to set up a contract for a rebate in case of furnishing a certain amount for transportation without also alleging and showing that such an amount was furnished. an ..... contract was sent to the general attorney of the defendant, with instructions to look it over, and if anything further was needed to settle the controversy that might grow out of anything theretofore existing it should be provided for in a separate instrument, and thereupon the attorney prepared a bond of indemnity ..... for execution by the coal company, reciting the claim for damages against the denver, western and pacific, and agreeing to indemnify the railway company against any damages which might accrue to it by reason of such claim, and upon the execution of such bond, and as part of the transaction, the contract .....

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Jan 03 1893 (FN)

Ankeny Vs. Hannon

Court : US Supreme Court

Decided on : Jan-03-1893

..... , the provisions of which are embraced in sections 4996 and 5319 of the revised statutes, does not enlarge the capacity of married women to make contracts except in the instances specifically mentioned. the case of levi v. earl, reported in 30 ohio st. 147, maintains this position after an elaborate ..... against husband and wife upon a cause existing against her at their marriage, or for a tort committed by her during coverture, or upon a contract made by her concerning her separate property, as provided in section thirty-one hundred and eight." "sec. 3111. a married woman whose husband deserts ..... all rents and issues thereof, be and remain her separate property and under her control, and she may in her own name during coverture make contracts for labor and materials for improving, repairing, and cultivating the same, and also lease the same for any period not exceeding three years. this ..... amended, authorizing married women, during coverture, to contract to the same extent and in the same manner as if they were unmarried. amendatory sections rev.stats. 3108-3111. and in march, 1887, it ..... notes in controversy, married women in ohio were subject page 147 u. s. 124 to their common law disabilities, except with respect to certain statutory contracts, and had power to charge their separate estates only in accordance with the ordinary rules of equity. subsequently, in 1884, the laws of ohio were .....

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Jan 03 1893 (FN)

Fisher Vs. Shropshire

Court : US Supreme Court

Decided on : Jan-03-1893

..... land before the bill was filed. the evidence of george lyle and his grandfather is in many particulars directly in conflict. george testified that he made a verbal contract for the purchase of the farm about december 1, 1882, for $22,000, which he paid in cash; that he traded for it six hundred and forty ..... of the petition, and not service of notice, that created notice to third parties of the pendency of the action, and that even though there was a verbal contract in regard to the alleged purchase by george lyle, made in december, 1882, yet that did not defeat a vendor's lien under section 1940 of the code ..... to the character of a vendor's lien was quoted, though it was stated that plaintiff's lien was not such a lien, but one based upon a contract which a court of equity would enforce. sections 2094 and 2095 of the code of 1851 were carried forward into the code of 1873, but changed to ..... part of the purchase money remained unpaid after the day fixed for the payment, might file his petition asking the court to require the purchaser to perform his contract or to foreclose and sell his interest in the property, and that the vendee should in such case, for the purpose of foreclosure, be treated as a ..... . 440, the supreme court said: "the right to a lien in favor of a vendor upon the real estate sold to a vendee is not based upon contract, nor is it properly an equitable mortgage; neither can it be regarded as a trust resulting to the vendor by reason of the vendee holding the estate with .....

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Jan 03 1893 (FN)

Knox County Vs. Ninth National Bank

Court : US Supreme Court

Decided on : Jan-03-1893

..... upon the county, or concluded it as to the question, but simply that they were matters to be considered. it is a familiar rule that the interpretation given to a contract by the parties themselves is competent, and oftentimes very weighty, evidence in determining its meaning and force. so in a matter of this kind, the whole conduct of the county .....

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Jan 09 1893 (FN)

illinois Central R. Co. Vs. Decatur

Court : US Supreme Court

Decided on : Jan-09-1893

..... terms of that contract to prevent the state from committing the final determination of the question of benefits to the city council, rather than leaving the matter of ascertainment to a jury, and whether ..... was imposed upon the contiguous property, upon the hypothesis that the benefits will be equal to the burden. we do not suppose that the company had by its charter any contract with the state that the matter of special benefit resulting from a local improvement should be ascertained and determined only in the then existing way. there was nothing in the ..... to meet the cost. this special tax was assessed upon the unreclaimed swamplands of mcgee, as well as other lands, and the question was whether this special tax impaired the contract of exemption provided by the fourteenth section of the act of 1851, and it was held that it did. the argument is thus stated by the chief justice in delivering ..... canal trustees v. chicago, 12 ill. 403, decided in the lower court at may term, 1849, and before the page 147 u. s. 201 passage of the act creating the contract relied upon, and by the supreme court at the june term, 1851, the exemption was "from taxation of every description by and under the laws of this state," and it .....

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Jan 16 1893 (FN)

United States Vs. Harmon

Court : US Supreme Court

Decided on : Jan-16-1893

..... ," including "all claims founded upon the constitution of the united states or any law of congress except for pensions, or upon any regulation of an executive department, or upon any contract, expressed or implied, with the government of the united states, or for damages, liquidated or unliquidated, in cases not sounding in tort, in respect of which claims the party would ..... states, 9 wall. 691." "moreover, the court of claims, even before the passage of the act of 1887, had jurisdiction of claims under an act of congress or under a contract, and could therefore hear and determine claims for legal salaries or fees. mitchell v. united states, 18 ct.cl. 281, and 109 u. s. 109 u.s. 146; adams v .....

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Jan 23 1893 (FN)

Smithmeyer Vs. United States

Court : US Supreme Court

Decided on : Jan-23-1893

..... by the custom and usage of the profession, and are never deviated from by architects in good standing except under exceptional circumstances, and then only by a special and express contract." "the plans under which the building for the library of congress is being constructed are designed and intended for a monumental building within the meaning of the paragraph of ..... ,000, or for monumental and decorative work and designs for furniture, a special rate in excess of the above." " an additional charge to be made for alterations or additions in contracts or plans, which will be valued in proportion to the additional time and services employed." " necessary traveling expenses to be paid by the client." " the architect's payments are ..... outfit of derricks, tools, implements, and other mechanical appliances had been collected, mainly by transfer from the completed building for the state, war, and navy departments, and a number of contracts were in force." "7. (1) in accordance with the provisions of the sundry civil act, october 2, 1888, 25 stat. 505, 523, general casey, chief of engineers, on october ..... building shall not exceed four million dollars, exclusive of appropriations heretofore made." the particular provision referred to is that "all loss or damage occasioned thereby, or arising under said contracts, together with the value of the plan for a library building submitted to the joint select committee on additional accommodations for the library of congress by john l. smithmeyer, in .....

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Jan 23 1893 (FN)

Doyle Vs. Union Pacific Ry. Co.

Court : US Supreme Court

Decided on : Jan-23-1893

..... of it on the holders of the tobacco, and, ascertaining that they had received no intelligence of peace, purchased it at a great profit. the contract was contested for fraud and concealment. chief justice marshall delivered the opinion of the court to the effect that the buyer was not bound to communicate ..... anything to impose on the other, the disclosure of any superior knowledge which one party may have over the other is not requisite to the validity of the contract." " id. illustrative of this is the celebrated case of laidlaw v. organ, 2 wheat. 178. the parties had been negotiating for the purchase of ..... the legal obligation to disclose facts known by one party to the other, is where there is some especial trust and confidence reposed, such as where the contracting party is at a distance from the object of negotiation, when he necessarily relies on full disclosure, or where, being present, the buyer put the ..... , or that any relation of trust and confidence existed between the parties, or that the lessees were misled by his silence and entered into the contract under the belief that the vacant lot would not be occupied, or that they were in a position in which they could not by diligence have ..... the principle was laid down, after an elaborate review of all the cases where a contrary doctrine seemed to have prevailed, that there is no implied contract on a demise of real estate that it shall be fit for the purposes for which it was let. consequently an abandonment of the premises under .....

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Jan 30 1893 (FN)

United Lines Tel. Co. Vs. Boston Safe Deposit Co.

Court : US Supreme Court

Decided on : Jan-30-1893

..... receivers in the foreclosure suit against it, so that it was never in a position to deliver the lines to any other company, even if the contract for such delivery had been honest and valid. (6) the lines were never delivered by the bankers' company, and were never received by the ..... . the line between freeport, ohio, and hammond, on page 147 u. s. 435 the state line between indiana and illinois, had been built by contract with baldwin & miller. the line between cleveland and freeport, ohio, was built by a contractor named farnsworth, and the line between hammond and chicago was ..... all the unexchanged bonds. the bankers' company entered at once upon the performance of its part of the agreement of august 28, 1883, made a contract with telegraph constructors to build the new lines, and sent out men to locate those lines, under the supervision of frederic h. may, who ..... now owned by it, or hereafter to be acquired by it, including the lines and property to be constructed or acquired under the provisions of this contract." (3) the floating debt of the rapid company, as a confidential obligation, having preference as to lien and payment before the said $3,000, ..... columbus, ohio, with cincinnati, ohio, and louisville, kentucky, and terre haute, indiana, with chicago, illinois, and that the bankers' company was in a position to contract for, and cause the construction or procurement, by purchase or otherwise, of portions or all of said lines. the agreement then provided as follows: (1) the bankers .....

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