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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Page 8 of about 9,392 results (0.155 seconds)

Mar 01 1886 (FN)

Phoenix Ins. Co. Vs. Erie and W. Transp. Co.

Court : US Supreme Court

..... the assured, is necessary to perfect the title of the insurer. from the very nature of the contract of insurance as a contract of indemnity, the insurer, when he has paid to the assured the amount of the indemnity agreed on between them, is entitled, by way of salvage, to the benefit of anything that ..... protect them from liability for any loss occasioned by their own negligence. by the settled doctrine of this court, even an express stipulation in the contract of carriage that a common carrier shall be exempt from liability for losses caused by the negligence of himself and his servants is unreasonable and ..... insurance did not attach to these goods, were also made on that day, and described the goods as on board the propeller. the contract of carriage and the contract of insurance must therefore be treated as substantially contemporaneous, and both made before the loss of the goods. there is nothing to show ..... in consequence of those terms and conditions, or other consideration paid therefor; but the shippers had often before shipped goods by this line under similar contracts, and thereby knew, or had every opportunity of knowing, the contents of these bills of lading. the propeller completed the lading of the goods ..... may be received, either from the remnants of the goods, or from damages paid by third persons for the same loss. but the insurer stands in no relation of contract or of .....

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Mar 10 1884 (FN)

United States Vs. Ryder

Court : US Supreme Court

..... decided march 10, 1884 110 u.s. 729 appeal from the circuit court of the united states for the district of new jersey syllabus without an express contract of indemnity, a surety on a recognizance for the appearance of a person charged with committing a criminal offense against the laws of the united states, cannot maintain an ..... there is hardly a duty, and it may very well be that the promise to indemnify the bail in a criminal matter should be considered purely as an indemnity, which it has been decided to be." this decision (made in 1863) has not, so far as we are aware, been shaken by any subsequent case ..... one, and void by the statute of fraud for not being in writing; if she was not thus liable, then the father's promise was an original promise of indemnity, and the statute of frauds did not apply. the case was fully argued first in the king's bench, 2 b. & s. 697, and afterwards in ..... obliged to pay on default of the principal under an act of parliament, but it was virtually conceded page 110 u. s. 735 that no such promise of indemnity would be implied for the nonappearance of the principal, because it would be against public policy. in the course of the argument, jervis, c.j., said: " ..... failed to pay the costs." and in the final opinion he said: "the rule [to set aside for the plaintiff] was moved on the ground that a contract, in a criminal case, to indemnify the bail against the consequences of a default of the principal's appearance on the trial of the indictment, is contrary .....

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Jan 28 1884 (FN)

American File Co. Vs. Garrett

Court : US Supreme Court

..... that neither they nor the assets of chapman in their hands are subject to the individual liability of stockholders for the debt of the corporation. the contract of indemnity did not, therefore, subject garrett & sons to any such liability. it follows that they took the bonds unaffected by any agreement in respect thereto between ..... of stock, and yielded to garrett & sons any claim to the bonds of the american file company belonging to chapman or his firm, and took an indemnity against any supposed liability which might attach to them as holders of the stock belong to the estate of chapman. in gray v. coffin, 9 cush. ..... of action which would ensue if the complainants page 110 u. s. 292 should call on the assignees for contribution, and they on garrett & sons for indemnity. after this cause was put at issue by the answer of garrett & sons and by the replication of complainants, it was removed to the circuit court ..... themselves and the bankrupt estate. if, therefore, the assignees themselves are not liable as stockholders, garrett & sons by this contract of indemnity assumed no liability, and they hold the bonds in question unfettered by any equities or conditions. it is well settled that under ..... which they might collect from them on the bonds of the company. it is clear that garrett & sons did not by this contract agree to become stockholders of the corporation or to indemnify chapman against his individual liability as a stockholder. the agreement will bear no such interpretation. the .....

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1881

The Potomac

Court : US Supreme Court

..... the insurer is not contingent upon the loss' having been total or upon its having been followed by an abandonment, but rests upon the ground that his contract is in the nature of a contract of indemnity and that he is therefore entitled, upon paying a sum for which others are primarily liable to the assured, to be proportionally subrogated to his right ..... of law governing this question are well settled, and the only difficulty is in applying them to the peculiar facts of the case. in order to make full compensation and indemnity for what has been lost by the collision, restitutio in integrum, the owners of the injured vessel are entitled to recover for the loss of her use while laid up ..... rights and obligations arising upon the policy of insurance. north of england insurance association v. armstrong, law rep. 5 q.b. 244. the amount which, by the effect of the contract of insurance and of the payment of a loss under it, the insurers had the right to recover to their own use from the potomac and her owners, they had .....

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1881

Chicago and Northwestern Railway Company Vs. United States

Court : US Supreme Court

..... postmaster general would be authorized to discontinue the entire service contemplated by the contract, and the practical effect of that would be to terminate the contract itself on making the indemnity specified. but in that event, the contract being at an end, the company would no longer be under any ..... best, for discontinuing entirely, the described service, and provided for a proportionate reduction of the stipulated compensation. in no other mode could the contract be changed except by the mutual assent of the parties. any change attempted by either otherwise would have been merely a breach of the ..... case, and the ninth clause in the contracts is referred to as containing such a reservation. clearly this confers power upon the postmaster general to discontinue or curtail the service in whole or in part, he allowing, as an indemnity to the contractor, a month's extra ..... obligation except that imposed by the original conditions accepted with page 104 u. s. 685 the land grants, and the government could rightfully impose upon it no others. there is therefore, in the contract ..... pay on the amount of service dispensed with and a pro rata compensation for that retained and continued. but this is not a power to reduce the compensation for the full service performed or to alter the terms of the contract. .....

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1880

insurance Company Vs. Stinson

Court : US Supreme Court

..... an auction sale; that if a party has a valid and subsisting second security for a given amount, and he enters into a contract of indemnity against the destruction of that security, and a loss by fire occurs, both parties having full knowledge of the state of the property and ..... justice says: "that an equitable interest may be insured is admitted. we can perceive no reason which excludes an interest held under an executory contract. while the contract subsists, the person claiming under it has undoubtedly a substantial interest in the property. if it be destroyed, the loss in contemplation of law ..... paid and notice be given to him of a desire on the part of the insurers to be subrogated to his rights, with a tender of indemnity against expenses. we are aware that views somewhat differing from these have been held by respectable authority, but we think without any sound reason. see ..... insurance company v. woodruff, 2 dutch. (n.j.) 541. to impose such restrictions and obligations upon the creditor would be to add to the contract of insurance conditions never contemplated by the parties, making of it a mere shadow of security and increasing the avenues of escape from obligation to pay, already ..... the title when the contract is entered into, such insurance would cover that second security, although by the subsequent course of events the older and .....

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1877

Pensacola Tel. Co. Vs. Western Union Tel. Co.

Court : US Supreme Court

..... counsel, but that its defect lay in the character of the business; that issuing a policy of insurance was not a transaction of commerce; that the policies were mere contracts of indemnity against loss by fire, and not articles of commerce in any proper meaning of the term. in other words, the court held that the power of congress to regulate ..... , associations, and corporations. . . . the defect of the argument lies in the character of their (insurance companies) business. issuing a policy of insurance is not a transaction of commerce. . . . such contracts (policies of insurance) are not interstate transactions, though the parties are domiciled in different states." the questions thus suggested need not be considered now, because no prohibitory legislation is relied ..... the recent reduction in rates show that more than eighty percent of all the messages sent by telegraph related to commerce. goods are sold and money paid upon telegraphic orders. contracts are made by telegraphic correspondence, cargoes secured, and the movement of ships directed. the telegraphic announcement of the markets abroad regulates prices at home, and a prudent merchant page ..... commerce was not affected by the fact that such commerce was carried on by corporations, but that a contract of insurance made by a corporation of one page 96 u. s. .....

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1876

Connecticut Mutual Life Insurance Company Vs. Schaefer

Court : US Supreme Court

..... says: "upon considering this case, it is certain that lord ellenborough decided it upon the assumption that a life policy was in its nature a mere contract of indemnity, as policies on marine risks, and against fire, undoubtedly are, and that the action was, in point of law, founded on the supposed damnification, ..... the previous case of goodsall v. boldero, 9 east 72, decided by lord ellenborough, in which, proceeding upon the idea that life insurance is a mere contract of indemnity, it was held that the interest must continue until death, and even until the bringing of the action. baron parke, in commenting upon this case, very ..... mansfield in hamilton v. mendes, 2 burr. 1270, that the plaintiff's demand was for an indemnity only. lord mansfield was speaking of a policy against marine risks, which is, in its terms, a contract for indemnity only. but that is not the nature of what is termed an assurance for life; it really ..... has been the subject of much discussion. in marine and fire insurance, the difficulty is not so great, because there insurance is considered as strictly an indemnity. but in life insurance, the loss can seldom be measured by pecuniary values. still an interest of some sort in the insured life must exist. ..... is what it is on the face of it -- a contract to pay a certain sum in the event of death. it is .....

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1874

Moran Vs. Prather

Court : US Supreme Court

..... that the purchaser had assumed the payment of existing debts against her. 2. the right of a partner to sign the firm name to a contract of indemnity in favor of third persons must be strictly proved, but it need not necessarily to be proved by a written authority to him. error to ..... referred to debts to accrue after the 20th of september, 1869 (the date of the agreement of indemnity), but to debts which, then existing, might be thereafter presented -- all claims and demands, in short, which had been contracted on account of the boat and for which he, prather, was liable as owner. the defendants, ..... arose and were brought against the steamer and were existing prior to the 20th day of september, 1869, and were embraced under the said agreement of indemnity given by moran & noble; that the petitioner having been thus obliged to pay the same, the said moran & noble under said agreement were bound ..... consideration for the petitioner's making sale of so very valuable as boat for the small sum of $6,000, executed in this form the instrument of indemnity which he required: "new orleans, september 20, 1869" "we, the undersigned, of the city and state aforesaid, do hereby bind ourselves and our ..... this, and in order to be sure of protection against all the debts existing against the steamboat at that time the petitioner demanded an agreement of indemnity from a commercial firm in new orleans named moran & noble; that certain persons whose names appear to it had, by the instrument first given below .....

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1874

Maryland Vs. Railroad Company

Court : US Supreme Court

..... held to have undertaken to pay in gold, since payment by legal tender notes would not amount to indemnity. but we see nothing in the contract which justifies its being construed as a contract of indemnity. it may be conceded, and it probably was the fact, that both parties thought what the company ..... the interest to london to be there paid and also the difference in exchange of currency between london and baltimore. this was a stipulation for indemnity. it covered all that the state was required to pay as interest on her sterling bonds. but it was expressly limited to the interest for ..... themselves, and is of course quite unauthorized, as well as liable to great practical injustice in the application." applying these principles and looking to the contract, we discover no basis for such an implication as the plaintiff in error asserts. we are asked to consider the circumstances which attended page 89 u ..... the state has not exacted from the company all that was necessary to its own complete indemnification, this being especially true in the case of a contract where in other parts a complete indemnification was specifically and carefully provided for, and in one where, at the time it was made, there ..... of the parties. 2. a reference to what are called "surrounding circumstances" is allowed for the purpose of ascertaining the subject matter of the contract or for an explanation of the terms used, not for the purpose of adding a new and distinct undertaking. 3. an implication that a railroad .....

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