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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Year: 1934 Page 10 of about 158 results (0.049 seconds)

Nov 27 1934 (PC)

Seth Pratapsingh Moholalbhai and Another Vs. Keshavlal Harilal Setahva ...

Court : Privy Council

Decided on : Nov-27-1934

..... is referred to in the body of the document. having arrived at this conclusion, it becomes unnecessary to consider the effect of s. 133, contract act. whether that much discussed section relates only to continuing guarantees or is intended to affect a guarantee of one obligation, and if so what ..... of the security lost. its value for the present purpose is that without any agreement between the creditor and the surety to vary the contract, the fact that the creditor stood by and permitted something to be done which made the original performance impossible discharged the other sureties whose ..... bread that he supplied for army requirements. the flour was to be of specified quality. the merchant delivered flour which was not of the contract description. the surety commenced a suit in chancery to have it declared that the surety bond was void in equity by reason of misrepresentations ..... cases a different performance of the original contract is due to an express variation of the terms between the parties ; and it is natural that the reported cases should mainly deal with ..... the final obligation of the principal debtor will be something different from the obligation which the surety guaranteed. presumably he is discharged forthwith on the contract being altered without his consent, for the parties have made, it impossible for the guaranteed performance to take place. in the vast majority of .....

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Nov 28 1934 (PC)

Sudhendu Mohan Bagchi Vs. Khitish Chunder Dass Gupta

Court : Kolkata

Decided on : Nov-28-1934

Reported in : 163Ind.Cas.858

..... sum as to interest. the other promissory note for rs. 1,800, it was agreed was the equivalent of a fresh contract for the indebtedness over the hundi which was handed to the bank.3. it is contended on behalf of the plaintiff that these two promissory notes amounts to two fresh ..... which is dated august 20, for another rs. 2,800 in the year 1930; and it is said that the first promissory note for rs. 2,800 was a fresh contract between the plaintiff and the defendant for rs. 1,800 on the original handnote together with the new cash loans of rs. 500, balance being made up of a calculated ..... of security given by the plaintiff to the bank was not in the form with which we are all so familiar, namely an indemnity bond, and it was rather on the lines that it was indemnity bond (and in an indemnity bond there are certain legal vrights accruing both to the principal creditor and the guarantor), that most of the arguments on this .....

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Nov 28 1934 (PC)

Emperor Vs. Visram Valji

Court : Mumbai

Decided on : Nov-28-1934

Reported in : (1935)37BOMLR102

..... b. b. & c. i. railway company over the river narbada, the bridge being just, outside the limits of the broach municipality. certain goods to be used in connection with the contract were consigned to the applicant at broach railway station which is alleged by the-prosecution to be within the terminal tax limits, and then those goods were sent on by ..... siding. his further contention is that if any tax is payable on the goods, the party liable is the railway company and not himself, because he alleges that under his contract with the railway company the goods become the property of the railway company. these questions are questions which may require the attention of a civil court. but i can see .....

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Dec 03 1934 (FN)

irving Trust Co. Vs. A. W. Perry, Inc.

Court : US Supreme Court

Decided on : Dec-03-1934

..... petitioner's contention is that, inasmuch as claims for future rent, or for damages for the breach of the covenant to pay rent, or claims upon contracts of indemnity conditioned upon reentry by the landlord subsequent to bankruptcy, were there held not provable, it logically follows that a claim for stipulated damages for page 293 ..... a penalty, and was therefore enforceable. see wm. filene's sons co. v. weed, 245 u. s. 597 . we concur in the view that the contract, as its terms were interpreted and applied, supports a provable claim for the stipulated damages. the judgment of the circuit court of appeals is affirmed. [ footnote 1 ..... the filing of the petition. the claim is not for rent reserved or upon the lease as such, but is founded upon an independent express contract, and hence within the very words of 63(a)(4). the circuit court construed the stipulation as an agreement on the part of the tenant ..... for the balance of the term. 2. the claim is not for rent reserved or upon the lease as such, but is one founded upon an independent express contract, and is within the very word of 63(a)(4) of the bankruptcy act. manhattan properties, inc. v. irvin trust co., 291 u. s. 320 ..... u. s. 311 breach of the lease may not be proved. we hold otherwise. by the terms of the contract, the filing of the petition in bankruptcy .....

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Dec 03 1934 (FN)

United States Mortgage Co. Vs. Matthews

Court : US Supreme Court

Decided on : Dec-03-1934

..... purpose which the legislature had in mind, and which we cannot say was arbitrary or fanciful." it is well established doctrine that, where the contract clause is invoked, this court must determine for itself the nature and effect of the alleged agreement and whether this has been impaired. funkhouser v ..... only such amendments or additions as had been made prior to the execution of the mortgage." also that chapter 56 impairs the obligation of the contract between the parties and therefore conflicts with article 1, 10, of the federal constitution, but is not subject to objection, "on the ground ..... , and the fourteenth amendment; also because it violated the state constitution. the trial judge held the chapter unconstitutional "both as impairing the obligation of contract, and as class legislation of an arbitrary and illegal character." final decree ordered the sale of the mortgaged property and designated a trustee to make it ..... additions, including that which suspended the summary remedy. p. 293 u. s. 237 . 4. therefore, the amendatory act did not impair the obligation of the contract. p. 293 u. s. 237 . 167 md. 383, 173 atl. 903, reversed. page 293 u. s. 233 certiorari to review the affirmance of ..... effect of the alleged agreement and whether this has been impaired. p. 293 u. s. 236 . 3. the assent in the mortgage contract embraced not only the statutory provisions therein designated and such amendments or additions as might have been made prior to the execution of the mortgage ( .....

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Dec 03 1934 (FN)

Davis Vs. Aetna Acceptance Co.

Court : US Supreme Court

Decided on : Dec-03-1934

..... provision in the act of 1841, a factor does not act in a fiduciary capacity; the statute "speaks of technical trusts, and not those which the law implies from the contract." 2 how. at p. 43 u. s. 208 . the scope of the exception was to be limited accordingly. through the intervening years, that precept has been applied by this court ..... , as evidenced by . . . an instrument in writing." bankruptcy act 63a(1), 11 u.s.c. 103(a)(1). if its grievance was the sale, it might have proved "upon a contract express or implied," 63a(4), waiving the tort and standing upon the implied assumpsit. crawford v. burke, 195 u. s. 176 , 195 u. s. 193 ; tindle v. birkett, 205 u .....

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Dec 03 1934 (FN)

Schnell Vs. the Vallescura

Court : US Supreme Court

Decided on : Dec-03-1934

..... bart, 197 f. 1002, 1006. hence, we pass to the decisive question whether, in view of the presumptions which aid the shipper in establishing the vessel's liability under a contract for carriage by sea, it was necessary for the petitioners to offer further evidence in order to recover the damage which they have suffered. if, in the state of the ..... cause; it is an effect. it may be the result of a number of causes, for some of which, such as the inherent defects of the cargo, or, under the contract, sea peril making it impossible to ventilate properly, the carrier is not liable. for others, such as negligent stowage, or failure to care for the cargo properly during the page .....

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Dec 10 1934 (FN)

United States Vs. Guaranty Trust Co.

Court : US Supreme Court

Decided on : Dec-10-1934

..... the instrument is genuine and in all respects what it purports to be;" "2. that he has a good title to it;" "3. that all prior parties had capacity to contract." [ footnote 6 ] treasury department circular no. 176. december 31, 1919. [ footnote 7 ] reserve bank circular no. 258, march 1, 1920. [ footnote 8 ] the united states was not a party to ..... liable because of its indorsement. the argument is that its indorsement, made when the check was presented for payment through the federal reserve bank of new york, is an independent contract governed by the law of new york, spies v. national city bank, 174 n.y. 222, 225, 66 n.e. 736; that, by the negotiable instrument law of that state ..... , the money may be recovered as having been paid under a mistake. the law of the district determines the formal and essential validity of the check, the interpretation of the contract, the incidents of the obligation. but the trust company does not attempt to enlarge or modify the obligation of the drawer as determined by the law of the district. the .....

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Dec 13 1934 (PC)

Paparaju Veeraraghavayya Vs. Kilaru Kamala Devi and ors.

Court : Chennai

Decided on : Dec-13-1934

Reported in : AIR1935Mad193; 157Ind.Cas.1104; (1935)68MLJ67

..... the obligation arising previous to the attachment. in that case it was held that a conveyance of a property executed after its attachment in pursuance of a contract dated before the attachment, should prevail. there, no doubt, the conveyance was not a private transfer but was obtained under a decree for specific performance, ..... annexed, in the words of section 40, to the ownership of such property. section 54 of the transfer of property act says no doubt that a contract of sale does not create an interest in land, but in virtue of the provisions i have referred to, it creates an obligation of a fiduciary ..... the person who had purchased the property at an execution sale and ask that he should perform the contract for sale.7. in other words, to take a concrete case, if the purchaser under the contract of sale had before the attachment paid half the purchase-money, he could compel the person, who ..... his own account but in trust for some other person (order 21, rule 60). a party in whose favour there is a contract of sale, can enforce specific performance of that contract as stated above against a transferee with notice. the illustration to section 40 of the transfer of property act runs thus:a ..... section 40 of the transfer of property act (as amended by act of 1929) a purchaser under a contract of sale of land is entitled to the benefit of an obligation arising out of that contract and it provides that that obligation may be enforced inter alia against a transferee with notice. section 91 .....

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Dec 14 1934 (PC)

Durgapada Karmakar Vs. Nrisingha Chandra

Court : Kolkata

Decided on : Dec-14-1934

Reported in : AIR1935Cal541,159Ind.Cas.20

..... and though it was not registered the defendants came into possession on the basis of the said patta which was for consideration. there has been consequently part performance of the contract. section 53-a is retrospective in its operation and applies to pending actions. therefore, though the present suit was instituted on 10th june 1929, the plaintiff is debarred from ejecting ..... which has inserted a new section 53-a in the principal section whereby a defendant in an action of ejectment, may in certain circumstances effectively plead possession under an unregistered contract of sale in defence to the action. their lordships' view as enforced in the present case must therefore be understood to be referable to the state of the law before .....

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