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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Page 13 of about 9,408 results (0.073 seconds)

Jan 06 1903 (FN)

Hartford Fire Ins. Co. Vs. Wilson

Court : US Supreme Court

..... ; that the condition upon which they were deposited with the agent of the insured failed, and therefore that, at the time of the fire, there was no subsisting contract of indemnity between the company and the insured. the judgment of the court of appeals is reversed, and the case remanded to that court with instructions to set aside its judgment ..... or statements made by the agent of the company, and not contained in the contract of insurance, would have formed no part thereof, and could not have been insisted upon by the plaintiff as against the defendant company. . . . insurance companies may with entire ..... executed instruments between the parties. all negotiations had before such event and all parol agreements between the assured and the agent of the defendant would have been merged in the contract evidenced by the policies themselves had the negotiations been carried out as intended, and such policies been absolutely delivered to and accepted by the plaintiff. hence, any oral representation ..... of the majority, after referring to other cases of conditional delivery (some of which we have notice in this opinion), stated as a reason for distinguishing this case: "the contracts and instruments involved in those cases are very different from the policies of insurance sued upon. these are elaborate instruments, and abound in stipulations and conditions. among these, note the .....

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Jun 02 1902 (FN)

Hoffeld Vs. United States

Court : US Supreme Court

..... limited liability act, who, as above stated, takes the interest of the owner in the vessel and freight, but not his interest in a collateral contract of insurance. the contract evidenced by the statute is really a contract of indemnity, and provides, much like a policy of insurance, that, if the owner lose his property he shall recover what he paid for it. we ..... such interest under the law did not operate as an assignment of his insurance upon the vessel, which was a collateral contract, personal to the insured but not conferring upon him any interest in the property -- in other words, the contract of insurance does not attach itself to the thing insured or go with it when it is transferred. see cases cited ..... see no reason why the general rule above stated, that a contract of insurance does not accompany a transfer of the thing insured, does not apply to this statute. it .....

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Jan 13 1902 (FN)

Sun Printing and Publishing Ass'n Vs. Moore

Court : US Supreme Court

..... certain rules have been laid down as judicial aids." in irving v. manning, (1847) 1 h.l.cas. 287, it was recognized that a policy of assurance was a contract of indemnity, but it was declared that in a valued policy the agreed value was conclusive, and each party must be held to have conclusively admitted that the sum fixed by agreement ..... respecting the amount of damage. the last two of what were termed "artificial rules" on the subject of liquidated damages and penalties, recited in the opinion as being peculiar to contracts of this character, were as follows: "sixth. if, independently of the stipulated damages, the damages would be wholly uncertain and incapable of being ascertained except by conjecture, in such ..... for nonpayment of money, and i think i may say, in modern times, from nothing else." the doctrine of equity, as respects the withholding of or granting relief against a contract because of inadequacy of consideration, illustrates the conservative disposition of equity not to interfere unnecessarily declines to grant relief because of inadequacy of price or any other inequality in the ..... complainant's common law responsibility as bailee exempted him from liability for loss of the consigned goods arising from inevitable accident. a bailee may, however, enlarge his legal responsibility by contract, express or fairly implied, and render himself liable for the loss or destruction of the goods committed to his care-the bailment or compensation to be received therefor being a .....

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Jan 13 1902 (FN)

Southern Pacific R. Co. Bell

Court : US Supreme Court

..... by secretary lamar in the case of the atlantic & pacific railroad co., 6 l.d. 84, 87: "as to the lands within the indemnity limits, the contract was based upon two contingencies -- that of losing lands within the granted limits and being able to find sufficient to indemnify the company among the odd ..... company, 6 l.d. 84: "waiving all questions as to whether or not said granting act took from the secretary all authority to withdraw said indemnity limits from settlement, it is manifest that the said act gave no special authority or direction to the executive to withdraw said lands, and when such ..... , 7 l.d. 100. the opinion of secretary lamar indicated that some of his predecessors had assumed that the power to withdraw lands within the indemnity limits could be exercised upon a definite location of the railroad before the loss in the place limits had been ascertained, but treating it as an ..... to the date of the grant, and takes precedence of all titles subsequently acquired, except those specifically named. (2) that to lands within the indemnity limits the company takes no title until a deficiency in the place limits has been ascertained and the company has exercised its right of selection, with ..... main object of which has been to fix the time when the right of the roads to particular lands within both the place limits and the indemnity limits finally attaches as against both prior and subsequent settlers. although, at the last term of this court, the question involved in the case under .....

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Jan 06 1902 (FN)

Guarantee Co. Vs. Mechanics Bank

Court : US Supreme Court

..... that the bank was responsible for the representations of its cashier in the one instance and its president in the other in procuring these contracts of indemnity. the representations made in the declaration on which the cashier's bond was issued were clearly misrepresentations. the teller's bond required notification ..... just prior to schardt's death, he assigned to the bank some property of slight value and about eighty thousand dollars of life insurance as indemnity. from these collaterals the bank realized the sum of $46,448.86, and for the remainder of the default the company was held ..... terms of the instrument executed for the protection of the bank." but this rule cannot be availed of to refine away terms of a contract expressed with sufficient clearness to convey the plain meaning of the parties, and embodying requirements compliance with which is made the condition to liability ..... actually defrauded by the said employee, and that he suffers absolute and ultimate loss thereby to the full amount claimed hereunder, and that the contract created as aforesaid hath been fully performed and observed on the part of the said employer." "provided always, that this bond and guarantee ..... the employer has delivered to the company a certain statement, and it being agreed and understood that such statement constitutes an essential part of the contract hereinafter expressed;" "now, therefore, in consideration of the sum of one hundred dollars lawful money of the united states of america, to the .....

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May 27 1901 (FN)

Russell Vs. United States

Court : US Supreme Court

..... the petition concluded as follows: "by reason of the foregoing facts, the claimants say:" "that neither the said contract, entered into by the united states and the krag-jorgensen gevaerkompagni (exhibit l) nor the said bond of indemnity delivered by the krag-jorgensen gevaerkompagni to the united states, did provide the claimants with a remedy against the said ..... necessarily conclusive. as he himself said, "questions of infringement belong to the courts." and because such questions are for the courts, the ordnance office, no doubt, took indemnity from the krag-jorgensen company not in concession of petitioners' claim, but for protection against it if protection should be necessary, and whether it would be or not the ..... and of the patent specifications. it is considered best that you should forward these communications direct; they are therefore returned to you for the purpose." "the address of the contracting party is 'the krag-jorgensen geivehr-kompagnie, christiania, norway.' the other papers, enclosures to ordnance office file 3515, containing letter and copies of patent specifications, are filed ..... and of the patent specifications. it is considered best that you should forward these communications direct; they are therefore returned to you for the purpose. the address of the contracting company is 'the krag-jorgensen gewehr kompagnie, christiania, norway.' the other papers, enclosures to ordnance office file 3515, containing letter and copies of patent specifications, are filed .....

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Jan 07 1901 (FN)

Hewitt Vs. Schultz

Court : US Supreme Court

..... the provisions" and ending "to said company" applies solely to lands within the place limits, and has no reference or application to lands within the indemnity limits. by its connection, therefore, the natural application of this clause would be to lands within like limits. this natural application is enforced by the words ..... , and, if such construction be acted upon for a number of years, will look with disfavor upon any sudden change, whereby parties who have contracted with the government upon the faith of such construction may be prejudiced." these observations apply to the case now before us, and lead to the ..... of the interior, and in the exercise of his discretion, so that, were the withdrawal to be revoked, no law would be violated, no contract broken. the company would be placed exactly in the position which the law gave it, and deprived of no rights acquired thereunder. it would yet ..... actual possession since april 10, 1882, and had made valuable improvements on the land -- the defendant emil schultz (his codefendant being his wife) made a contract with the railroad company by which the latter agreed, in consideration of $1,200, to sell and convey to the former the land in dispute. ..... , and, if such construction be acted upon for a number of years, will look with disfavor upon any sudden change whereby parties who have contracted with the government upon the faith of such construction may be prejudiced. if the question whether there has been deficiency in the grant of lands .....

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Dec 10 1900 (FN)

Williams Vs. Fears

Court : US Supreme Court

..... was not a transaction of commerce, and it was said: "the policies are simple 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 ..... the authorities cited. if the power to regulate interstate commerce applied to all the incidents to which said commerce might give rise and to all contracts which might be made in the course of its transaction, that power would embrace the entire sphere of mercantile activity in any was connected with ..... in hiring laborers in georgia to be employed beyond the limits of the state. of course, transportation must eventually take place as the result of such contracts, but it does not follow that the emigrant agent was engaged page 179 u. s. 277 in transportation, or that the tax on his ..... or an instrumentality thereof, and the mere incidents which page 179 u. s. 271 may attend the carrying on of such commerce. these labor contracts were not in themselves subjects of traffic between the states, nor was the business of hiring laborers so immediately connected with interstate transportation or interstate traffic ..... limits of the state. held that the levy of the tag did not amount to such an interference with the freedom of transit, or of contract, as to violate the federal constitution. nor was the objection tenable that the equal protection of the laws was denied because the business of .....

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May 28 1900 (FN)

Chicago, M. and St. P. Ry. Co. Vs. Clark

Court : US Supreme Court

..... railway company, and the sum of $40,000 of the amount so due, as aforesaid, under said contract to the said heman clark, has been reserved and set aside by said railway company, as indemnity or security for the payment of said claims and of such other claims of the same class as ..... that under the facts proved in this case, the plaintiff is not legally liable to the defendant for any damages for failure to complete the contract within the contract time or the time agreed upon, for the reason that the plaintiff was prevented by the negligence of the defendant and its omission to procure ..... referred to, and herein valued at page 178 u. s. 360 $2,425. besides the above, the defendant has paid the $40,000 reserved as indemnity or security for the payment of claims against clark, and in addition thereto, upon like accounts, the sum of $521.75." "15. that at the time ..... adequacy of the consideration is not, in such cases, open to inquiry. the referee found: "that no other final settlement of the accounts under section aid contracts had been had between the plaintiff and the defendant at the time the said last-mentioned paper was signed and delivered. . . . that no account was ..... made by d. j. whittemore, chief engineer of the chicago, milwaukee & st. paul railway company, of all the work done and material furnished under the contract made between said railway company and heman clark, bearing date march 8, 1886, for the construction of the railroad from ottumwa, in iowa, to the missouri river .....

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Feb 20 1899 (FN)

Pierce Vs. Tennessee Coal, Iron and R. Co.

Court : US Supreme Court

..... support him during his natural life, and that the defendant accepted the conveyance and occupied the real estate, but neglected and refused to perform the agreement. the plaintiff proved the contract,and introduced evidence that the defendant did support him in the defendant's house for five years, and until the house was destroyed by fire, and had since furnished him ..... tendered by the plaintiff and allowed by the court showed that at the trial before the jury the following proceedings were had: the plaintiff introduced and read in evidence the contract sued on, and introduced evidence tending to prove the allegations of the complaint. he also offered evidence that, at the time of his discharge by the defendant from its employment ..... at an end, and recover damages for the breach of the contract as a whole, and that the plaintiff would be entitled to recover compensation for the past failure of the defendant to furnish him aid and support, and full indemnity for his future support." exceptions taken by the defendant to this instruction were overruled by the supreme judicial court of massachusetts ..... . mr. justice field, in delivering judgment, said: "in an action for the breach of a contract to support the plaintiff during his life, if the contract is regarded as still subsisting, the damages .....

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