Court : US Supreme Court
Decided on : May-26-1924
..... , 72 n.h. 12; united security life & trust co. v. brown, 270 pa. 264. life insurance in such a case is, like that of fire and marine insurance, a contract of indemnity. central bank of washington v. hume, 128 u. s. 195 . the benefit to be gained by death has no periodicity. it is a substitution of money value for something permanently ..... lost, either in a house, a ship, or a life. assuming, without deciding, that congress could call the proceeds of such indemnity income, and validly tax it as such, we think that, in view of the popular conception of the life insurance as resulting in a single addition of a total sum ..... of earning power in case of his death were not taxable as income under the act. p. 265 u. s. 194 . 2. assuming that congress could tax proceeds of such indemnity life insurance as income, its purpose to do so should be express, in view of the popular conception of life insurance as resulting in a single addition to the resources ..... on the death of the insured are not usually classed as income. life insurance in such a case as the one before us is valid, and is not a wagering contract. there was certainly an insurable interest on the part of the company in the life of biddle. mutual life insurance co. of new york v. board, 115 va. 836; keckley .....Tag this Judgment!
Court : Chennai
Decided on : Sep-25-1924
Reported in : AIR1925Mad1049
..... apply this article, an investigation will have to be made as regards the nature of the undertaking of defendants nos. 1 and 2, viz., whether it amounts to a contract of indemnity, and this cannot be done on the bare averments of the plaint which, in the course of the statement of facts, refers obviously to article 97 as the article applicable .....Tag this Judgment!
Court : Chennai
Decided on : Sep-25-1924
Reported in : 86Ind.Cas.378
..... apply this article, an investigation will have to be made as regards the nature of the undertaking of defendants nos. 1 and 2, viz., whether it amounts to a contract of indemnity and this cannot be done on the bare averments of the plaint which in the course of the statement of facts refers obviously to article 97 as the article applicable .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-31-1924
Reported in : (1924)ILR51Cal588
..... of shares sold would no doubt correspond with those bought, but where this course was adopted it is impossible to say that there was a contract between the parties evidenced by bought and sold notes. the only solution is that the plaintiff in such a case himself was buying and himself ..... a groat measure related and cannot conveniently be separated. i propose therefore first to enquire into the relative positions of the parties under the indian contract act, passing therefrom to the question of the admissibility of evidence as to usage or custom, the existence and effect of which i shall then ..... damages. at a comparatively recent date the written statement was amended and by the amendment the defendant pleads that though the plaintiff entered into the contracts in the character of agent or broker for an undisclosed principal, in reality there was no principal. when the amendment was allowed, i was ..... exchange association he bought against the defendant. he alleges that he has sustained damages in the amount already stated.2. the defendant pleads that the contracts were gambling transactions. the plea of wagering has been abandoned and nothing was said about it at the hearing. he denies the alleged extension ..... entered into by the plaintiff?iv. if the defendant entered into the contracts with the plaintiff in the character of agent, (a) was the plaintiff acting in reality on his own account, (6) is the plaintiff entitled to any indemnity?v. is there a custom as alleged in paragraph 2 of the .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-07-1924
Reported in : AIR1924Bom470; (1924)26BOMLR678; 83Ind.Cas.30
..... conditional on his appointing nominees either of the durbar or of the bhayats. the two pagis, therefore, were validly appointed.5. the plaintiff's claim for indemnity against the defendant in respect of payments which he had been ordered to make by the district magistrate are grounded both in the plaint and in the ..... desire to protect his own interests, and it was not a case of mere officious interference. i agree with the commentary in pollock and mulla's indian contract act, 4th edition, p. 381, where it is said:-the view taken in the most recent cases is that this section applies to suits for contribution ..... the remarks of the learned district judge on the particular points arising thereunder.8. as regards the applicability of sub-section 69 and 70 of the indian contract act, i do not think that section 70 applies, as the payment in question was not one intended for the benefit of the defendant, and cannot ..... make a payment for which the defendant is primarily liable.5. but there can be no cause of action for a declaration in respect of future right of indemnity, for section 42 of the specific relief act is limited, as pointed out by sir lawrence jenkins in his judgment in deokali koer v. kedar nath ..... judgment of the lower courts on sub-section 69 and 70 of the indian contract act. the pay of the pagi is admittedly a charge on the revenues and plaintiff has a right of reimbursement under section 69 for he has .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-28-1924
Reported in : 87Ind.Cas.218
..... partly that of vendor to vendee. at the trial he applied for leave to amend the plaint by adding a claim in the alternative for an indemnity as agents, but i refused the application because in my opinion there was no reasonable ground for permitting an amendment of the claim at so late ..... regard to the fact that a demonstration car with clincher tyres was given to him, as i find was a fact, before he entered into the contract, that the plaintiffs are now precluded from asserting that the export specifications did not provide for clincher tyres. under the circumstances i come to the conclusion ..... law, and other learned judges appeared to think that an agent might purchase goods for his principal without himself being the vendor or creating privity of contract between his principal and a third person, but the opinion which that very learned judge then expressed was dissented from and; if i may venture to ..... the consignee : if he is not a seller it is difficult to say who is, as there would be much difficulty in establishing any privity of contract between the foreign correspondent, and the original seller. but there is very gradual progression through these cases in which the original seller has a right to ..... and the party for whom he is acting may, at the outset, be that between a principal and his agent, and so long as the contract remains executory the relationship of principal and agent may subsist between the parties. it has also been held that such a broker may possess a right .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-29-1924
Reported in : AIR1926Cal189
..... partly that of vendor to vendee. at the trial he applied for leave to amend the plaint by adding a claim in the alternative for an indemnity as agents, but i refused the application because in my opinion there was no reasonable ground for permitting an amendment of the claim at so late ..... their acceptance and payment of the bills, or in other words, they have to satisfy me that the goods as tendered were not in accordance with the contract. (his lordship then discussed evidence, and proceeded). under the circumstances i come to the conclusion and for the purpose of this case it must be ..... commercial law, and other learned judges appeared to think that an agent might purchase goods for his principal without himself being the vendor or creating privity of contract between his principal and a third person; but the opinion which that very learned judge then expressed was dissented from, and, if i may venture to ..... the consignee; if he is not a seller it is difficult to say who is, as there would be much difficulty in establishing any privity of contract between the foreign correspondent and the original seller. but there is very gradual progression through these cases in which the original seller has a right to ..... and the party for whom he is acting may, at the outset, be that between a principal and his agent, and so long as the contract remains executory the relationship of principal and agent may subsist between the parties. it has also been held that such a broker may possess a right .....Tag this Judgment!
Court : Allahabad
Decided on : Jun-04-1924
Reported in : AIR1924All605; 80Ind.Cas.737
..... 14. the learned counsel for the defendant--appellant has however urged that the risk note was merely an indemnity bond signed by the consignor for the benefit of the company and could not affect the rights of the consignee, who was entitled to receive the ..... 1000 : 42 a. 655 : 18 a.l.j. 764 : 2 u.p.l.r. (a.) 268. we are tumble to accept this contention either. the contract of the railway companies as pointed out in that case at p. 660, was not only to carry the goods but also to deliver them. it follows that the ..... unnecessary for us to go into the question in what way the damage was caused to the sugar. we are satisfied that under the terms of the contract which were entered into between the parties in consideration for accepting lower rates the defendant companies were free from responsiblity unless a whole package had been lost. ..... the latter company has filed cross-objections against the decree.7. the first point which we have to consider in appeal is the terms of the contract under which the goods were despatched from kantapukar station.8. we are of opinion that the learned district judge is not quite correct in thinking that ..... from one station to another, has, under section 72 of the railways act the liability of a bailee. the company can however contract itself out of that liability by a special contract in one of the forms recognised by government. risk note b is one of those forms. under this risk note the consignor .....Tag this Judgment!
Court : US Supreme Court
Decided on : Feb-25-1924
..... of negligence, for maintenance, care, and wages at least so long as the voyage is continued. to him they are liable also, even in the absence of negligence, for indemnity or damages if the injury results from unseaworthiness of the ship or from failure to supply and keep in order the proper appliances. [ footnote 7 ] the legal rights in case ..... proceeding in admiralty to recover damages from the shipbuilder for injuries which the carpenter received while working on an unfinished vessel moored in the willamette river at portland, oregon. "the contract for constructing the ahala was nonmaritime, and although the incompleted structure upon which the accident occurred was lying in page 264 u. s. 227 navigable waters, neither rohde's ..... into our national laws by the constitution itself. . . . the work of a stevedore in which the deceased was engaging is maritime in its nature; his employment was a maritime contract; the injuries which he received were likewise maritime, and the rights and liabilities of the parties in connection therewith were matters clearly within the admiralty jurisdiction. atlantic transport co. v ..... of congress. it accordingly held the industrial accident commission had no jurisdiction to award compensation for the death of a workman killed while actually engaged at maritime work, under maritime contract, upon a vessel moored at her dock in san francisco bay and discharging her cargo. 220 p. 669. the judgments below must be affirmed; the doctrine of knickerbocker ice .....Tag this Judgment!
Court : Allahabad
Decided on : May-01-1924
Reported in : (1924)ILR46All465; 80Ind.Cas.661
..... his principal, but guaranteeing the solvency of the sub-purchasers, and while entitled to charge against his principal his expenses, and entitled also to an indemnity from his principal against all losses resulting from carrying out his duty, is under an obligation to pay to the plaintiff, his principal, the ..... , under the appropriate section of the contract act, eventually to account to his principal, but the accounting must necessarily be done at the place where all the business is transacted. the plaintiff ..... seek and utilize his services in the markets of bombay. in our view a totally different set of considerations applies to such persons. unless the contract clearly indicates the contrary, an agent of this kind who becomes a factor entrusted with goods of his principal with wide powers has, no doubt ..... they are applied, is in itself a danger and frequently leads to misunderstanding in the lower courts. there is a great difference between three classes of contract in relation to which this maxim may be discussed. there is the ordinary case of purchaser and vendor, to which, of course, it is, ..... plaint that the plaintiff's legal adviser had some doubt about it, unless it could be established in fact that the conversation resulting in the contract had taken place within the local limits of the jurisdiction of the court, or unless some express agreement had been made between the, parties .....Tag this Judgment!