Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Page 9 of about 9,392 results (0.148 seconds)

1872

Pickersgill Vs. Lahens

Court : US Supreme Court

..... liability for a debt; in the other, for a result in an action at law. both are cases of contract, for indeed suretyship can exist in no other way, and we know of no principle of equity by which a contract of indemnity is to be construed so as to charge an estate and an engagement to pay money to receive a contrary ..... parties, it will be reformed so as to conform to it. this has been done where there is a previous equity which gives the obligee the right to a several indemnity from each of the obligors, as in the case of money lent to both of them. there, a court of equity will enforce the obligation against the representatives of the ..... he insists they are not applicable here. his position is, that a statutory obligation like the bond in question is different in principle, and should be interpreted differently from a contract made by private parties between themselves, as the obligees in such a bond cannot direct the form it shall take, nor elect whether to accept or refuse it. the bond ..... joint and not several, on the ground that the lending to both creates a moral obligation in both to pay, and that the reasonable presumption is the parties intended their contract to be joint and several, but through fraud, ignorance, mistake, or want of skill, failed to accomplish their object. this presumption is never indulged in the case of a mere .....

Tag this Judgment!

1872

Marshall Vs. Vicksburg

Court : US Supreme Court

..... by the rebellion did not suspend his right to collect, and that he had no claim for indemnity under his contract on account of such diminution. 3. the same lease providing "that in case the right to collect wharfage or rents should be defeated permanently ..... in rebellion. but the complainant's right to collect was in no wise suspended. he suffered from the war as others did, but his contract secured him no indemnity, and a court of equity can give him none. the second clause relates to the acts of the city. it declares that "in case ..... s. 147 2. a. leased a wharf from a city on the mississippi before the rebellion for a certain term, the city binding itself for indemnity if his "right to collect wharfage was suspended for any period by the intervention of third parties." held that the diminution of trade on the river caused ..... was neither "interrupted or defeated permanently" nor indeed gainsaid or questioned by the city. the claim is neither within the letter, meaning, nor equity of the contract and must be denied. it appears that marshall made two loans from the city to remove encumbrances -- one of $1,000. the amount of the other ..... the city, by her ordinance of february 7, 1852, reduced the wharfage for steamers from $5 per trip to $5 per week, in violation of the contract with the complainant, and largely to his injury. this is a grave imputation, and if established, would certainly entitle him to compensation. but the evidence shows .....

Tag this Judgment!

1872

City of Richmond Vs. Smith

Court : US Supreme Court

..... occupation by our armies, for the purpose of keeping any class of property out of its hands by destroying the same, is a sheer act of war, and no contract or stipulation for indemnity to persons whose property was thus destroyed had any validity after the collapse of the confederacy. the owners of tobacco, cotton, or machinery destroyed on similar occasions are .....

Tag this Judgment!

1871

Hall and Long Vs. Railroad Companies

Court : US Supreme Court

..... be dealt with as if he were not so. he does not stand, therefore, on the same footing with that of an insurer, who may have entered into his contract of indemnity, page 80 u. s. 373 relying upon the carrier's vigilance and responsibility. in all cases, when liable at all, it is because he is proved or presumed to be ..... often loosely so called. the extent of his responsibility may be equal to that of an insurer, and even greater, but its nature is not the same. his contract is not one for indemnity, independent of the care and custody of the goods. he is not entitled to a cession of the remains of the property, or to have the loss adjusted ..... ownership of the goods and the risk incident thereto, the owner and the insurer are considered but one person, having together the beneficial right to the indemnity due from the carrier for a breach of his contract or for nonperformance of his legal duty. standing thus, as the insurer does, practically in the position of a surety stipulating that the goods shall ..... has indemnified the owner for the loss, he is entitled to all the means of indemnity which the satisfied owner held against the party primarily liable. his right rests upon familiar principles of equity. it is the doctrine of subrogation, dependent not at all upon privity of contract, but worked out through the right of the creditor or owner. hence it has .....

Tag this Judgment!

1871

insurance Company Vs. Bailey

Court : US Supreme Court

..... respects by different rules of construction from those applied by the courts in case of policies against marine risks or policies against loss by fire. marine and fire policies are contracts of indemnity, by which the claim of the insured is commensurate with the damages he sustained by the loss of, or injury to, the property page 80 u. s. 619 insured ..... and that the party effecting the policy had an insurable interest, such as is described, in the life of the person insured at the inception of the contract, as the contract is not merely for an indemnity, as in marine and fire policies. two policies for insurance upon the life of albert bailey, the husband of the appellee, were issued by the appellants ..... must necessarily have some pecuniary interest in the life of the cestui qui vie are founded in an erroneous view of the nature of the contract, that the contract of life insurance is not necessarily one merely of indemnity for a pecuniary loss, as in marine and fire policies, that it is sufficient to show that the policy is not invalid as a ..... . such being the nature of the contract, it is clear that an absolute sale of the property insured, prior to the alleged disaster, is a good defense to an action on the policy, as the insured cannot justly claim indemnity for the loss of, or injury to, property in which he had no insurable .....

Tag this Judgment!

1869

Paul Vs. Virginia

Court : US Supreme Court

..... insurance is not a transaction of commerce within the meaning of the latter of the two clauses, even though the parties be domiciled in different states, but is a simple contract of indemnity against loss. the case was thus: an act of the legislature of virginia, passed on the 3d of february, 1866, provided that no insurance company not incorporated under the ..... character of their business. issuing a policy of insurance is not a transaction of commerce. 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 subjects of trade and barter ..... think proper to impose. they may exclude the foreign corporation entirely; they may restrict its business to particular localities, or they may exact such security for the performance of its contracts with their citizens as in their judgment will best promote the public interest. the whole matter rests in their discretion. if, on the other hand, the provision of the constitution ..... . earle, "it must dwell in the place of its creation, and cannot migrate to another sovereignty." the recognition of its existence even by other states, and the enforcement of its contracts made therein, depend purely upon the comity of those states -- a comity which is never extended where the existence of the corporation or the exercise of its powers are prejudicial .....

Tag this Judgment!

1869

CopelIn Vs. Insurance Company

Court : US Supreme Court

..... account of the plaintiff, yet this was a privilege accorded to them only, that they might thus make indemnity for the loss. taking possession to make partial repairs, not amounting to indemnity, was not contemplated by the contract. it was not authorized. nor did the contract warrant taking possession of the boat, and holding her for an unreasonable time. the insurers were bound to ..... taking her to himself under the offer to abandon." the principle, said the court, rests upon the very nature of the law of insurance, which is a fair and honest indemnity for loss. the same doctrine was asserted in reynolds v. ocean insurance company, [ footnote 2 ] and it was also held that the underwriter's duty and liability in such a ..... indemnify him for the injury the boat had sustained; that it would have required an expenditure of $5,000 more to have made the additional repairs necessary to complete the indemnity; and that the plaintiff refused to receive the boat when she was tendered to him, but did not point out the deficiencies in the repairs. it was still further found .....

Tag this Judgment!

Jan 16 1868 (FN)

Orient Ins. Co. Vs. Daggs

Court : US Supreme Court

..... law." the statement is broad, and counsel in making it ignores many things. the statute tends to assure, not to detract from, the indemnity of the contracts, and, if elements of chance or speculation intrude, it will be on account of carelessness or fraud. it is admitted that the effect of ..... conclusive presumption of fact. page 172 u. s. 565 the right claimed is to make contracts of insurance. the essence of these, it is said, is indemnity, and that the statute converts them into wager policies -- into contracts (to quote counsel) having for their bases speculation and profit, "contrary to the course ..... , conclusive presumption and proof to establish and force a result against property or liberty. the statute is not subject to the condemnation that it regulates contracts made or rights acquired prior to its enactment, and we may repeat the language of mr. justice field in railway co. v. mackey that ..... contrary to the constitution of the united states, and are null and void." "that the defendant has the constitutional right to limit its liability by contract to actual damages caused by fire." to this answer, the plaintiff and assured filed a demurrer, which demurrer the court sustained, and, the defendant ..... the change is from one kind of indemnity policy to another kind -- from open policies to valued policies -- both of which are sanctioned by the practice and law of insurance, and this change is the only compulsion of the law. it makes no contract for the parties. in this it permits .....

Tag this Judgment!

1859

Refeld Vs. Woodfolk

Court : US Supreme Court

..... . & c. 309, the master of the rolls, upon the authority of the cases cited, said: "parties no doubt may contract for a covenant of indemnity, but if they do not, the court cannot compel a party to execute a conveyance and to give an indemnity." to the same effect is ridgway v. gray, 1 mac. & g. 109. the appellee does not seek to ..... rescind this contract, nor does he disclose any imminent peril of disturbance or eviction as the effect of the existence of the mortgage. the record ..... . barnes, 3 mad. 247. but there were conditions in the contract that authorized the order. in balmorno v. lumley, 1 v. & b. 224, and paton v. brebner, 1 ..... an order that the purchaser should be compensated for the difference in the value between the title contracted for and that exhibited, and if that difference could not be ascertained, the master was directed to settle the security to be given by the defendant as indemnity to the purchaser against disturbance or eviction, and a similar order was made in walker v .....

Tag this Judgment!

1859

Ogilvie Vs. Knox Insurance Company

Court : US Supreme Court

..... or corporations, unless they have the privilege of using their capital for banking purposes, seldom require the actual payment of it all in cash. contracts of page 63 u. s. 388 insurance or indemnity, though not literally "gaming contracts," are nevertheless in the nature of wagers against the happening of a certain event. the calculation of chances is greatly in favor of the ..... be consistent with such an hypothesis. assuming the fact that carnan did make the representations charged, what was the conduct of these jeffersonville stockholders, who now seek to repudiate their contracts on the allegation of fraud? after having a full opportunity to examine for themselves into the affairs of the company, they alleged no fraud, nor expressed any desire to withdraw ..... clearly that the matter pleaded cannot affect the relative rights of the parties in the case, assuming it to be true. those who seek to set aside their solemn written contracts by proving loose conversations should be held to make out a very clear case, and when they charge others with fraud founded on such evidence, their own conduct and acts .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //