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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Page 4 of about 9,392 results (0.075 seconds)

May 14 1928 (FN)

Jenkins Vs. National Surety Co.

Court : US Supreme Court

..... against the insolvent bank until he had been paid in full, and in no way involved the national surety company's present separate claim on its contract of indemnity, and that the plea of res judicata was consequently ineffective. but, as the certiorari was granted to review the other branch of the case, ..... the right now asserted by the respondent arises not from subrogation to the rights of the treasurer, but upon its independent agreement with the bank for indemnity. the bank's undertaking was to indemnify respondent for liability which it might "sustain or incur" by reason of its having given its surety bond, ..... on demand. the deposits at the time of the insolvency exceeded the amount of the bond. the district court directed that dividends on the claim for indemnity be postponed until the county treasurer should have been repaid the full balance of his deposit. the circuit court of appeals for the eighth circuit reversed ..... . the respondent national surety company brought this action against the receiver to compel the allowance of and payment of dividends on its claim upon an indemnity agreement executed by the bank. the agreement was contained in the bank's application for a bond by which the bank as principal and the respondent ..... rights and liabilities or sureties and in the distribution of insolvents' estates, they likewise forbid the surety to secure by independent contract with the debtor indemnity at the expense of the creditor whose claim he has undertaken to secure. reversed. .....

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Jan 11 1926 (FN)

Trusler Vs. Crooks

Court : US Supreme Court

..... option, the transaction could be carried out only through and by members of exchanges open to sales for future delivery. the stipulated facts reveal the cost, terms, and use of "indemnity" contracts, together with their relation to boards of trade, and indicate quite plainly that 3 was not intended to produce revenue, but to prohibit all such ..... to recover two hundred dollars paid for internal revenue stamps which, after due protest, he affixed to a written "privilege or option for a contract for the sale of grain in the form commonly known as an indemnity," as required by 3 of the "future trading act," approved august 24, 1921. 42 stat. 187, c. 86. if, as he insists, that section ..... trade, in consideration of one dollar, signed and delivered the following privilege or option, in the form commonly known as an "indemnity," addressed to r. f. teichgraeber, for a contract for the sale of grain: "i will sell one thousand bushels of contract grade wheat at $1.11 1/4 per bushel, for delivery during may, 1924, same to be delivered in regular ..... stamps. for many years prior to august 24, 1921, members of grain exchanges bought and sold in large quantities agreements for contracts for purchase or sale of grain subject to acceptance within a definite time thereafter, commonly known as "indemnities." when the holder of one of these elected to exercise his rights, the specified amount of grain was bought or sold on .....

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May 26 1924 (FN)

United States Vs. Supplee-biddle Hardware Co.

Court : US Supreme Court

..... , 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 .....

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May 29 1922 (FN)

Pine Hill Coal Co., Inc. Vs. United States

Court : US Supreme Court

..... , as a result of keeping to them, as the claimant did, the receipts were actually less than the cost of production. on these facts, the petition sets up a contract of indemnity on the part of the united states arising out of the language to be quoted from 25. it was dismissed on demurrer by the court of claims. the paragraph of ..... expressed in the plainest language. p. 259 u. s. 196 . 55 ct.clms. 433 affirmed. appeal from a judgment sustaining a demurrer to a petition setting up a claim to indemnity for losses resulting from sales of coal at prices fixed by the government. page 259 u. s. 194 mr. justice holmes delivered the opinion of the court. this case, like .....

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Nov 01 1915 (FN)

United States Fidelity and Guaranty Co. Vs. Riefler

Court : US Supreme Court

..... of indemnity or guaranty? (2) or was it merely an offer to become indemnitors or guarantors, requiring notice of acceptance by the company, in accordance with davis ..... liability of defendants on a bond of indemnity to a surety company, are stated in the opinion. page 239 u. s. 23 mr. justice holmes delivered the opinion of the court. the ..... a parol offer in the same terms, the company, by becoming surety, would have furnished the consideration that would have converted the offer into a contract; but notice is held necessary in davis sewing mach. co. v. richards. if it had been a covenant, the company's act would have ..... was so delivered and was relied upon by the bonding company in issuing its bond, held, in this case, to have been a completed contract on the delivery thereof to the bonding company which was not required to notify the parties thereto of its acceptance. the facts, which involve the ..... indemnity bond. the defendants in error received no pecuniary consideration for their act, and were not notified of the acceptance of their bond or of the execution of the other by the company. the questions propounded are: page 239 u. s. 24 "(1) was the instrument which was signed by riefler and hall, and relied on by the company a completed contract .....

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Apr 05 1915 (FN)

Thames and Mersey Marine Ins. Co., Ltd. Vs. United States

Court : US Supreme Court

..... . deer lodge county, 231 u. s. 495 . let it be assumed, as this court has said, that the insurance business, generically considered, is not commerce; that the contract of insurance is a personal contract -- an indemnity against the happening of a contingent event. the inquiry still remains page 237 u. s. 26 whether policies of insurance against marine risks during the voyage to ..... lading and policies or certificates of insurance. it is true that the bills of lading represent the goods, but the business of exporting requires not only the contract of carriage, but appropriate provision for indemnity against marine risks during the voyage. the policy of insurance is universally recognized as one of the ordinary "shipping documents." thus, when payment is to be made ..... lading without the policy. benjamin on sales, 590, note; hickox v. adams, 34 l. t. n.s. 404. the requirements of exportation are reflected in the familiar "c.i.f." contract (that is at a price to cover cost, insurance, and freight), which has "its recognized legal incidents, one of which is that the shipper fulfills his obligation when he has .....

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Feb 23 1915 (FN)

Williams Vs. United States Fid. and Guar. Co.

Court : US Supreme Court

..... of appeals of georgia (11 ga.app. 635), and the cause is here upon writ of error. page 236 u. s. 554 the state court treated the written contract of indemnity between the bankrupts and the surety company as the expression of what would have been implied, and declared: "the bankrupts owed the surety nothing at the time the petition in ..... notwithstanding the discharge would have extinguished this if the surety had promptly performed as he agreed. such an interpretation would effectually defeat a fundamental purpose of the enactment. the written indemnity agreement embodied in the bankrupt's application to the surety company for execution of the bond, so far as its terms are important here, but expressed what otherwise would have ..... in bankruptcy acquits the express obligation of the principal to indemnify his surety against loss by reason of their joint bond conditioned to secure his faithful performance of a building contract broken prior to the bankruptcy, although the surety did not pay the consequent damage until thereafter. 11 ga.app. 635 reversed. the facts, which involve the construction of the ..... him to start afresh free from obligations and responsibilities consequent upon business misfortunes. within the intendment of the bankruptcy law, provable debts include all liabilities of the bankrupt founded on contract, express or implied which at the time of the bankruptcy were fixed in amount or susceptible of liquidation. under the provisions of the bankrupt act, the surety of the .....

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Jan 05 1915 (FN)

Gilbert Vs. David

Court : US Supreme Court

..... circuit court for the district of connecticut. on may 24th, 1905, a substituted complaint was filed. the object of the suit was to recover for alleged breaches of a certain indemnity contract set forth in the complaint. in this substituted complaint, as well as in the original complaint, the allegation as to diverse citizenship is that plaintiff is a citizen of the .....

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Apr 20 1914 (FN)

German Alliance Ins. Co. Vs. Lewis

Court : US Supreme Court

..... the constitution, he also has the right to name the wage for his labor and to fix the terms of contracts of indemnity, whether they be contracts of indorsement or suretyship or contracts of indemnity against loss by fire, flood, or accident. in view of what judge cooley calls the general supposition that "the ..... have themselves fixed this charge, and this makes most strongly in favor of their right to continue to agree upon the price of a private contract of indemnity against loss by fire. the act now under review not only takes property without due process of law, but it unequally and arbitrarily selects ..... "the number of transactions do not give the business any other character than magnitude." the character of insurance, therefore, as a private and personal contract of indemnity has not been changed by page 233 u. s. 423 its magnitude or by the fact that more policies and for greater amounts are now ..... be regulated by statute. and such laws are not without english precedent. for while no statute ever before attempted to fix the price of a contract of indemnity, * yet under a parliament that sat as a perpetual constitutional convention, with power page 233 u. s. 421 to pass bills of attainder ..... are classed among those "strictly private." leavenworth county v. miller, 7 kan. 520. the fact that insurance is a strictly private and a personal contract of indemnity puts it on the extreme outside limit, and removes it as far as any business can be from those that are in their nature public. .....

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Apr 06 1914 (FN)

Miller Vs. United States

Court : US Supreme Court

..... right to rescind any acceptance of a proposal at any time before the signing on behalf of the united states of the formal contract, without the allowance of any indemnity to the accepted bidder." under this proposal, the bid of john b. crittenden to do the called-for work at $46, ..... superior service,' or whenever the public interest in his judgment should require its discontinuance or curtailment for any other cause, he allowing as a full indemnity to the contractor, one month's extra pay on the amount of service dispensed with and pro rata compensation for the amount of service retained and ..... 233 u. s. 6 interest, in his judgment, shall require such discontinuance, change, or curtailment for any other cause, he allowing a full indemnity to contractor one month's extra pay on the amount of service dispensed with, and not to exceed pro rata compensation for the amount of service ..... , on august 11, 1908, the postmaster general issued an order discontinuing the contract service over the route which the contract embraced, to take effect on september 30, 1908, and this order was enforced at the time mentioned and an indemnity allowance of pay for one month only was made the contractor. the petition ..... 000 per annum was accepted, and on the first of february, 1906, a contract was entered into between the government and crittenden and his sureties, john .....

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