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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Year: 1916 Page 1 of about 169 results (0.037 seconds)

Jan 28 1916 (PC)

Muthu Raman Chetty Vs. Chinna Vellayan Chetti Alias Chinna Karuppan Ch ...

Court : Chennai

Decided on : Jan-28-1916

Reported in : 33Ind.Cas.508; (1916)30MLJ369

..... on it here. but the foregoing entails the conclusion that in this case the promise to be implied under section 145 does not amount to a contract of indemnity between plaintiff and defendant, either directly or with reference to section 69 or 70. and accordingly plaintiff must succeed, if at all, on his ..... no opportunity to adopt or refuse to adopt it. the question is of the nature of his liability to plaintiff in these circumstances. is there a contract of indemnity between them? or, as the lower appellate court held, is plaintiff's remedy only that open to the original creditor? and then is it subject ..... that it is so, because the section imposes no qualification on the debtor's liability under an implied contract of indemnity. but that is to misread its terms. for, in fact, it does not refer to a contract of indemnity at all, but only to a promise to indemnify; and a promise, as sections 2(d)(f ..... that every guarantor shall have a right to recover sums rightfully paid, only 1 but it seems to base that right on the implied promise of indemnity given by the principal debtor. if the section had contained the latter words only there would have been nothing in the act to require the ..... had not been given; and, as he obtained, no issue on the point, it is possible that he and the court overlooked section 140, indian contract act and section 59, negotiable instruments act, and assumed that plaintiff's payment discharged the hundi and concluded the matter. in the circumstances, i would remand .....

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Aug 11 1916 (PC)

Bhavani Alias Rukmani Amma Vs. Anantha Kamthi and ors.

Court : Chennai

Decided on : Aug-11-1916

Reported in : 35Ind.Cas.789; (1916)31MLJ556

..... aiyar, j.6. i agree. there are, no doubt, several decisions which hold that before actual loss is incurred, a suit brought on a contract of indemnity for recovery of the damages which are likely to be incurred by the default of the guarantor would be premature. see pundi duraisami thevar v. lakshmana ..... chetty (1904) 14 m.l.j. 245. especially in the case of an indemnity given by a principal debtor to a surety would this doctrine apply. see puthi narayanamurthi v. marimuthu pillai. i.l.r. (1902) m. 322 but the ..... in 1893 took steps to transfer the management of the fund to 1st defendant by a power of attorney and obtained from him and his brothers an indemnity bond ex. b. with the plaint property as security for an amount not exceeding rs. 2,500 against any damage resulting to plaintiff and her ..... doctrine, however, is qualified very appreciably by the rulings in several decisions which hold that an action for specific performance of a contract to indemnify can be sustained before actual loss is incurred by the promisee. (see in re law guarantee trust and accident society, ltd. 3) and that ..... &. sec 53, on which defendants mainly rely as showing that the suit is premature, are irrelevant. for they relate to the right of action on contracts to discharge a promisee's debts and there is no analogy between the event, in which the promisor in them would become liable, the discharge by the .....

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Nov 09 1916 (PC)

Birdichand Jivraj Vs. the Standard Bank Limited

Court : Mumbai

Decided on : Nov-09-1916

Reported in : (1918)ILR42Bom159

..... subject them. it was held in phene v. gillan (1845) 5 hare 1 at p. 10 that there is not at law any such implied contract of indemnity: it is impossible to contemplate the mortgagors in such a case as the present attempting to redeem the specie bank shares and i doubt if a forced ..... and by deleting the declaration as to indemnity.29. defendants must pay the costs of the appeal up to and including the 20th of july. the plaintiffs must pay the subsequent costs of the appeal ..... did not, in my opinion, occupy the position of trustees for the mortgagors at the time of paying the calls and cannot therefore be, entitled to an indemnity as trustees.28. the decree of the lower court must, therefore, be varied by limiting the sum decreed to the amount of the advances, interest and costs ..... them in the name of the then registered owner, or if they wished to take a transfer, would have refrained from doing so except upon an express indemnity. it is not unreasonable to suppose having regard to the magnitude of the transactions that the plaintiffs, had they realised the risk attaching to such shares, would ..... is whether the plaintiffs can recover from the defendants as a debt the amount paid in respect of the call and whether they are entitled to an indemnity in respect of the 161 shares as declared by the decree.23. it is not now contended that there was any special agreement to indemnify the .....

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Nov 02 1916 (PC)

Swaminatha Aiyar Vs. Srinivasa Aiyar and ors.

Court : Chennai

Decided on : Nov-02-1916

Reported in : (1917)32MLJ259

..... particular fund. but even here there is a clear limitation to such a right expressed by a condition that a trustee himself should have a right of indemnity against the trust fund. if there was nothing due to the trustee, then as pointed out by the master of the rolls, the creditor can get nothing ..... stood on the same footing as the rights of a creditor lending money to the guardian of an infant. the question whether a debt which is contracted by a trustee on his own personal security although for purposes of the trust can be made a lien on the trust estate does not appear to ..... however a decision of this court srimat devasikamani pandara v. noor mahomad rowthan i.l.r. (1907) m. 47, where it was held that' for debts contracted by the head of the mutt for purposes binding on the mutt, a decree in respect of such debts may be passed against his successor charging the income of ..... the liability 'arose out of the money borrowed by the trustee on a promissory note. that stands exactly on the same footing as if the debt was contracted for goods supplied for the benefit of the trust. sir george jesse], mister of the rolls, also in the other case lays down the law practically in ..... appears to be not merely on the basis of the promissory note but also for debt and issues were framed raising the questions whether the debt was contracted for the benefit of the temple, whether the note was supported by consideration and whether the plaintiff was entitled to any relief against the trust property. .....

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Jun 12 1916 (FN)

Knights of Pythias Vs. Mims

Court : US Supreme Court

Decided on : Jun-12-1916

..... 3 of the new charter of a relation with the plaintiff that originally arose under a law of the old corporation was not the assumption of a contract for immutable assessments, and decide that the power to amend, given by 4, included the power to raise the rates to such point as was ..... the clause in the law of 1884, relied upon -- that the payments should continue the same so long as the membership continued -- was not a contract, but was a regulation subject to the possibility inherent in the case. more than ambiguous words in an amendable law would be needed to establish a departure ..... and politic hereby created; provided that nothing contained herein shall be construed to extend the operation of any law which provides for the extinguishing of claims or contracts by limitations of time." this is the main ground upon which the defendant is page 241 u. s. 578 sought to be charged with the ..... last-mentioned provision, and set forth a form of application by which the applicant agreed not only, as heretofore, that he, but also that "this contract, shall be controlled" by the laws then in force or that might be enacted thereafter. the power to alter was applied in 1888 to the payments ..... laws and regulations of the order then in force or that might thereafter be enacted, or submit to the penalties therein contained. the plaintiff contends that his contract took him out of these reiterated provisions for possible change, and his ground is that, by article v, 4, of the laws of 1884, creating the .....

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Jan 04 1916 (PC)

A.K.A. Khan Ghuznavi Vs. National Bank of India, Ltd.

Court : Kolkata

Decided on : Jan-04-1916

Reported in : 33Ind.Cas.34

..... was originally agreed upon between them and the debtor, and not the higher rate demanded from the appellant in their letter of the 16th july 1914. no contract was made for payment of interest at the higher rate and none can be implied from the conduct of the parties. the decree, consequently, requires to ..... not choose to avail themselves thereof; nor can we say that the bank entered into fresh transactions with the debtor which constituted a variation of the original contract or in any way impaired the eventual remedy of the surety against the principal debtor. the claim of the bank must consequently be sustained.58. there remain ..... appeal with costs.asutosh mookerjee, j.54. this is an appeal by a.k. ghuznavi, the defendant, in an action for recovery of money due on a contract of guarantee. the brother of the appellant, a.h. ghuznavi, who carried on business in calcutta as a jute bailer and shipper under the name of a. ..... . 1 account, and that consequently the bank had done an act inconsistent with the rights of the surety within the meaning of section 139 of the contract act.21. in my judgment that argument will not assist the defendant.22. the answer to it is that it was not within the power of ..... , has been discharged from his liability to the bank.19. the points urged before this court were that the matter was governed by section 139 of the contract act which runs as follows: 'if the creditor does any act which is inconsistent with the rights of the surety, or omits to do any act which .....

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Jan 06 1916 (PC)

Narayan Ramkrishna Pandit and ors. Vs. Vighneshwar Ganap Hegde and ors ...

Court : Mumbai

Decided on : Jan-06-1916

Reported in : (1916)ILR40Bom378

..... and in contrast with it declare that they now effect a sale for the precise purpose of extinguishing the debt which had been secured by this mortgage. that is the contract which the parties in the plainest possible language have set their hands to. is there anything in the rest of the case to indicate that this, the plain meaning of .....

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Jan 06 1916 (PC)

Narayan Ramkrishna Pandit and ors. Vs. Vigneshwar Ganap Hegde and ors.

Court : Mumbai

Decided on : Jan-06-1916

Reported in : 34Ind.Cas.414

..... and in contrast with it declare that they now effect a sale for the precise purpose of extinguishing the debt which had been secured by this mortgage. that is the contract which the parties, in the plainest possible language have set their hands to. is there anything in the rest of the case to indicate that this, the plain meaning of .....

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Jan 10 1916 (FN)

United States Vs. Hamburg-amerikanische Co.

Court : US Supreme Court

Decided on : Jan-10-1916

..... , or assists directly or indirectly any opposition line." "(8) new lines may be admitted or the terms of the agreement altered only by unanimous vote, unless otherwise provided in the contract." "(9) to assist in the carrying out of the agreement, a secretary was appointed." "(10) regular meetings are to be held alternately at london and cologne for the purpose of ..... the corporate defendants to the bill, some of whom had become parties to the alleged illegal combination by subsidiary agreement or agreements made at a later date than the original contract. "1. the allan line steamship company, limited, hereafter called the 'allan line,' a british corporation, operating from portland, boston, and philadelphia to london, liverpool, and glasgow and return. " page 239 ..... 2, 1890 (26 stat. 209, c. 647). the relief asked, moreover, in the nature of things embraced certain subsidiary agreements made during the course of the execution of the main contract, in furtherance of its alleged prohibited result. the principal agreement was made in 1908, to last until february 28, 1911, but was to continue in force thereafter from year to ..... against the government, the course most consonant with justice is to reverse, with directions to dismiss the bill without prejudice to the government in the future to assail any actual contract or combination deemed to offend the anti-trust act. 216 f. 971 reversed. the facts, which involve the construction and application of the sherman anti-trust act of july 2 .....

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Jan 10 1916 (FN)

Cleveland, C., C. and St. L. Ry. Co. Vs. Dettlebach

Court : US Supreme Court

Decided on : Jan-10-1916

..... of shipment or carriage") so as to include "cars and other vehicles and all instrumentalities and facilities of shipment or carriage, irrespective of ownership or of any contract, express or implied, for the use thereof and all services in connection with the receipt, delivery, page 239 u. s. 594 elevation, and transfer ..... s. 672 ; atchison &c.; ry. v. robinson, 233 u. s. 173 , 233 u. s. 180 . the provision that we have quoted from the contract is to the effect that "every service to be performed thereunder" is subject to the conditions contained in it. one of these conditions is, in substance, that, where a ..... of the common law responsibility of a railway company as carrier and as warehouseman. but we have to deal with the effect of an express contract, made for the purpose of interstate transportation, and this must be determined in the light of the act of congress regulating the matter. the ..... like limitation of the liability of a warehouseman -- the latter not agreeing to abate any part of proper storage charges. to so extend the contract of release would give an advantage to the warehouseman, but none to the owner. to allow that consideration would be to permit the carrier to ..... decided january 10, 1916 239 u.s. 588 error to the court of appeals, eighth district, state of ohio syllabus the effect of an express contract, made for the purpose of interstate transportation, must be determined in the light of the act to regulate commerce. whether the responsibility of an interstate .....

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