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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Page 11 of about 9,392 results (0.078 seconds)

1806

Dutilh Vs. Gatliff

Court : US Supreme Court

..... relied much on the opinion of lord mansfield in the case of hamilton v. mendez, to establish this principle, that a policy of insurance, being in its nature a contract of indemnity, the plaintiff can recover no more than the amount of his actual loss at the commencement of the action. there is no doubt of the soundness of the principle: i ..... mean that a policy is a contract of indemnity. the only question is, at what period the rights of the parties are to be tested by this principle; whether at the time of abandonment, or of the commencement .....

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Dec 15 1913 (FN)

New York Life Ins. Co. Vs. Deer Lodge County

Court : US Supreme Court

..... answer the question, and it would rack ingenuity to attempt to vary its expression or more aptly illustrate it. a policy of insurance, the cases declare, is a personal contract, a mere indemnity, for a consideration, against the happening of some contingent event which may bring detriment to life or property, and its character is the same no matter what the event ..... of the business done. "issuing a policy of insurance is not a transaction of commerce. the policies are simply contracts of indemnity against loss by fire entered into between the corporations and the assured for a consideration paid by the latter. these contracts are not articles of commerce in any proper meaning of the word. they are not subjects of trade and barter ..... taken on essentially a national and international character, and that, when paul v. virginia was decided, the business was "to a great extent local -- that is, conducted through the domestic contracts by stock companies. the great and commanding organizations of the present day had hardly begun the amazing developments which have made them page 231 u. s. 508 the greatest associations ..... , collect the first premium, and deliver the policy, which is prepared and transmitted from the home office to him for such purpose. the company also employs an agency director by contract in writing directly with the home office through the mails, who supervises the work of soliciting agents and recommends those who desire to become such. the company also employs medical .....

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Feb 24 1913 (FN)

Supreme Ruling of Fraternal Mystic Circle Vs. Snyder

Court : US Supreme Court

..... the enforcement of the contract. neither the contract nor the existing law which entered into it contemplated contests promoted in bad faith, or justified the infliction of loss by such means. ..... , which is not to exceed twenty-five percent of the liability on the policy. it cannot be said that this effort to give indemnity for the injuries which would be sustained through perverse methods and through an abuse of the privileges accorded to honest litigants imposed a burden upon ..... where none would otherwise exist, or to deprive the company of any defense it might have. if the company is not liable according to its contract, it is not required to pay. nor does the statute permit a recovery of expenses or added damages as a mere consequence of success in ..... addition to the recovery of attorneys' fees or damages, or penalties, the question arose under the fourteenth amendment, and that, so far as they applied to suits upon contracts, the latter had been made after the enactments. atchison, t. & s.f. r. co. v. matthews, 174 u. s. 96 ; fidelity mutual life ..... out this writ of error. 122 tenn. 248. the sole federal question for decision is whether the above-mentioned statute, as applied, impaired the obligation of the contract in suit, and thus violated art. i, 10 of the constitution of the united states. the act in question provides: "section 1. . . . that .....

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Jan 07 1913 (FN)

Houghton Vs. Burden

Court : US Supreme Court

..... of one percent per month upon the amount of the uncollected accounts at the end of each month was agreed upon. thereupon the contract in question was executed, a bond of indemnity was given to burden, and something like 100 accounts, aggregating about $14,000, were duly assigned, upon which an advance of ..... per month upon whatever part of the advance shall remain uncollected on the said accounts, and for the period that the same shall remain uncollected." the indemnity bond, styled an "assigned accounts bond," is in the usual form, and is undoubtedly a device resorted to, to enable merchants to use book ..... agree upon the position burden desired. some weeks later, the negotiations were resumed, the broker saying that he might get additional security through an indemnity bond, by which the validity of the book accounts which were agreed to be assigned might be guaranteed as well as the payment of collections ..... is to act as agent for the lender in their collection, providing that the lender shall, in pursuance of a provision in a bond of indemnity given by third parties, examine the accounts and books of the borrower monthly and receive a compensation therefor equivalent to a specified percent of the ..... $10,000 was made. the contract is elaborate, and too lengthy to be set out page 228 u. s. 167 in full. in substance, .....

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Dec 02 1912 (FN)

German Alliance Ins. Co. Vs. Home Water Supply Co.

Court : US Supreme Court

..... had therein was indirect -- that incidental benefit only which every citizen has in the performance of every other contract made by and with the government under which he lives, but for the breach of which he has no private right of action. he is ..... page 226 u. s. 231 agreement was not made to pay a debt or discharge a duty to the spartan mills, but, like other municipal contracts, was made by spartanburg in its corporate capacity, for its corporate advantage, and for the benefit of the inhabitants collectively. the interest which each taxpayer ..... the much controverted question as to a water company's liability to a taxpayer for failure to furnish fire protection according to the terms of its contract with the city. the courts have almost uniformly held that municipalities are not bound to furnish water for fire protection. such was the unquestioned ..... water supply company on the ground that the fire could easily have been extinguished and the damage prevented if the water company had complied with its contract and duty to furnish the inhabitants of the city with water for fire protection. the complaint alleged that, on february 14, 1900, the city ..... right to fire protection if, instead of doing so itself, the city contracted with a private company to furnish water. it bought the citizen no new right of action, and did not bargain to secure for him an indemnity against loss by fire, but left him to protect himself against that hazard .....

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May 27 1912 (FN)

United States Fidelity and Guaranty Co. Vs. Bray

Court : US Supreme Court

..... of the eichels. by the bill the surety company asserts (1) that, under the indemnity agreements made with it by the contractor, under the contracts with the government and the bonds given pursuant to the act of august 13, 1894, supra, for their performance, and ..... to the payment of general claims as to which recourse cannot be had to the bond of the contractor. the seven banks which gave the indemnity bond to the surety company are no longer creditors of the bankrupt's estate, their claims being now held by bray or one or both ..... 19, 1905, had on hand a balance of $36,602.96, subject to allowances and costs of administration yet undetermined. the completion of the contracts was undertaken in the expectation of all concerned that a profit to the estate would result therefrom, but the expectation was not realized. in march, 1906 ..... and expense whatever incurred by said the united states page 225 u. s. 209 fidelity & guaranty company in adjusting such loss or in completing said contract, as conclusive evidence against it, its successors and assigns, of the fact and extent of its liability under said obligation to the said the united states ..... the bankrupt's estate, who was sued in that capacity and also as an individual, is a citizen and resident of indiana. the bankrupt, the evansville contract company, was no indiana corporation. of course, the national banks are federal corporation, but their citizenship and places of residence are, for jurisdictional purposes, as .....

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May 13 1912 (FN)

Philadelphia, B. and W. R. Co. Vs. Schubert

Court : US Supreme Court

..... the alleged defects of a particular scheme may be permitted to determine the validity of the statute, which is general in its application. . . . its provision that contracts of insurance, relief benefit, or indemnity, and the acceptance of such benefits, should not defeat recovery under the statute was incidental to the regulation it was intended to enforce. assuming the right of enforcement ..... 2071 of the code of iowa. this section, in the cases within its purview, abrogated the fellow servant rule, and the amendment provided: "nor shall any contract of insurance, relief benefit, or indemnity in case of injury or death, entered into prior to the injury between the person so injured and such corporation or any other person or association acting for ..... , the authority to enact this inhibition cannot be denied. if the legislature had the power to prohibit contracts limiting the liability imposed, it certainly could include in the prohibition stipulations of that sort in contracts of insurance, relief benefit, or indemnity, as well as in other agreements. . . . it does not aid the argument to describe the defense as ..... 215 u. s. 87 , 215 u. s. 97 -98), contained explicit provision that such a contract or the acceptance of benefits thereunder should not defeat the action. section 3 of that act was as follows: "that no contract of employment, insurance, relief benefit, or indemnity for injury or death, entered into by or on behalf of any employee, nor the acceptance of .....

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May 13 1912 (FN)

Leary Vs. United States

Court : US Supreme Court

..... principal bill to raise a trust for the government, and also that, so far as appears, it might be brought upon a supposed implied contract, whereas no such undertaking of indemnity would be implied by the law, citing united states v. ryder, 110 u. s. 729 . but observing that the petition might be ..... the petitioner knew of this suit, and still less that she knew the position taken by kellogg. he set up that the stock was taken as indemnity to himself for his promise to indemnify leary, etc., and said nothing about the petitioner's claim. if that claim is well founded and she ..... securities held in trust or on deposit" by kellogg from greene, being the above-mentioned railroad stock, should remain in kellogg's hands as security and indemnity to leary for signing the bond. it goes on to allege greene's failure to appear, a forfeiture of the bond, a suit upon it brought ..... under an agreement indemnifying him as bail of the party fraudulently procuring such funds was, under the circumstances of this case, entitled to intervene. a contract that certain specific assets in the hands of a trustee should be held as security for a specific contingent claim is necessarily express, and is nonetheless ..... amended in these respects, it held that amendment would be unavailing, as the contract was against public policy and void. 163 f. 442. the circuit court .....

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Dec 04 1911 (FN)

Grigsby Vs. Russell

Court : US Supreme Court

..... to deny the right to sell except to persons having such an interest is to diminish appreciably the value of the contract in the owner's hands. the collateral difficulty that arose from regarding life insurance as a contract of indemnity only ( godsall v. boldero, 9 east 72), long has disappeared ( phoenix mutual life ins. co. v. ..... had become void by the failure of burchard to pay the third premium ad diem, and that, when grigsby paid, he was making a new contract. but a condition in a policy that it shall be void if premiums are not paid when due means only that it shall be voidable at ..... interest in the life insured is the public policy that refuses to allow insurance to be taken out by such persons in the first place. a contract of insurance upon a life in which the insured has no interest is a pure wager that gives the insured a sinister counter-interest in having ..... fire & marine ins. co., 135 mass. 248. the company waived the breach, if there was one, and the original contract with burchard remained on foot. no question as to the character of that contract is before us. it has been performed and the money is in court. but, this being so, not only does the objection ..... bailey, 13 wall. 616). and cases in which a person having an interest lends himself to one without any, as a cloak to what is in its inception a wager have no similarity to those where an honest contract .....

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Feb 20 1911 (FN)

Chicago, Burlington and Quincy R. Co. Vs. Mcguire

Court : US Supreme Court

..... agreements of absolute waiver. the policy of the amendatory act was the same as that page 219 u. s. 572 of the original statute. its provision that contracts of insurance relief, benefit, or indemnity, and the acceptance of such benefits, should not defeat recovery under the statute, was incidental to the regulation it was intended to enforce. assuming the right ..... use and operation of any railway on or about which they shall be employed, and no contract which restricts such liability shall be legal or binding." the amendment of 1898 added the following provision: "nor shall any contract of insurance relief, benefit or indemnity in case of injury or death entered into prior to the injury between the person so injured ..... contract for insurance relief should limit the liability for damages, upon what ground can it be said that it was beyond the legislative ..... of enforcement, the authority to enact this inhibition cannot be denied. if the legislature had the power to prohibit contracts limiting the liability imposed, it certainly could include in the prohibition stipulations of that sort in contracts of insurance relief, benefit or indemnity, as well as in other agreements. but if the legislature could specifically provide that no .....

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