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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1827 Page 1 of about 14 results (0.075 seconds)

1827

Scott Vs. Shreeve

Court : US Supreme Court

Decided on : Jan-01-1827

..... that suit have set off the amount paid to the bank upon his note. the engagement of janney, on assuming the payment of the note to the bank, was a contract of indemnity only, and rested in damages, and could never form the subject of a setoff at law, and although an action at law might be maintained against janney upon this ..... the party must be turned round to his remedy at law upon his indemnity. but in the present case it would be gross injustice and a certain denial of all remedy to refuse relief on this ground, janney having become insolvent. there was, then ..... . shreeve 25 u.s. 605 appeal from the circuit court for the district of columbia syllabus relief in equity against a judgment at law upon certain bonds given for the indemnity of the obligee, as endorser of notes drawn by the obligor, the consideration having, failed. the assignee of such bonds takes them subject to all equities existing between the original ..... indemnity, it would be going too far, even if janney was solvent, to say that a court of equity could not interpose and stay a recovery upon the bonds, but that .....

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1827

Ramsay Vs. Allegree

Court : US Supreme Court

Decided on : Jan-01-1827

..... the captor here, sued out process against the captor for the purpose of examining before the admiralty the correctness of the seizure and obtaining indemnity for it. the principal question considered in that case arose on the form of proceeding, but the object was the prosecution of a suit ..... exercising an unquestionable jurisdiction in rem. we sometimes hear of a concurrent jurisdiction between the admiralty and common law courts. but on the subject of contracts, which is the subject now under consideration, i deny that, with the exception of seamen's wages, any such concurrent jurisdiction can exist. ..... which i and pleased to find published in mr. peters' first volume, together with postlethwaite's commentaries, give none of these powers over contracts to the admiralty. i think it has been sufficiently shown, and indeed, in denying authority to the british decisions under the statutes of richard ..... , whose authority certainly no advocate of the admiralty will deny, acknowledges in so many words that the admiralty could not exercise jurisdiction over the contracts of materialmen, 1 vol., p. 83. that the remedy against the ship itself has long since been taken away is established by many ..... but even before the adoption of those resolutions, a decision had taken place, which was conclusive, as well against their jurisdiction over the particular contract here under consideration, as against their right of proceeding upon it by process in personam. i allude to craddock's case, 2 brownl. 37 .....

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1827

Ogden Vs. Saunders

Court : US Supreme Court

Decided on : Jan-01-1827

..... but the whole civilized world concurs in saying that the power, if possessed, is rightfully used. in a state of nature, these individuals may contract, their contracts are obligatory, and force may rightfully be employed to coerce the party who has broken his engagement. what is the effect of society upon these ..... he should stipulate for this notice, and the law presumes that he did stipulate for it. a great mass of human transactions depends upon implied contracts; upon contracts which are not written, but which grow out of the acts of the parties. in such cases, the parties are supposed to have made ..... to the operation of the act at the time of its passage; that no law can be accurately said to impair the obligation of contracts unless the contracts exist at the time. page 25 u. s. 337 the law cannot impair what does not exist. it cannot act on nonentities. ..... policy of the prohibition. in the case of sturges v. crowninshield, the court, in explaining the meaning of the terms "obligation of a contract," said, "a contract is an agreement in which a party undertakes to do or not to do a particular thing. the law binds him to perform his undertaking ..... deemed mischievous, is unquestionable, and has been universally exercised. so far as this power has restrained the original right of individuals to bind themselves by contract, it is restrained, but beyond these actual restraints, the original power remains unimpaired. this reasoning is undoubtedly much strengthened by the authority of those .....

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1827

Clark Vs. Corporation of Washington

Court : US Supreme Court

Decided on : Jan-01-1827

..... to extend to all. the 7th section of the act of 1821, which provides the fund for their compensation, expressly excepts "the class now contracted for." the contract for the 5th class was executed a few days before page 25 u. s. 58 the passage of this ordinance, and it is difficult to ..... verifies that publication, and must be considered as a ratification of it. the proceedings which took place between the managers and gillespie after the contract still further corroborates the opinion that this continuing responsibility of the corporation which was held out to the public was not a fraudulent representation for ..... of the lottery. the tickets were signed in conformity with this ordinance. the manner in which the lottery was advertised confirms the opinion that the contract of sale was made with a view to the continuing the responsibility of the city. exception is taken to the admission of these advertisements, and ..... no connection with the city. the probability is strong, that the aspect which the lottery still continued to bear was a necessary part of the contract, page 25 u. s. 61 without which it would never have been made, and that these precautions were used to diminish the hazard of a ..... the exercise of a special franchise granted to them, and the performance of a special duty imposed upon them are responsible for the acts and contracts of their agents, duly appointed and authorized, within the scope of the authority of such agents in the same manner as other corporations and private .....

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1827

Thornton Vs. Wynn

Court : US Supreme Court

Decided on : Jan-01-1827

..... the consequences are the same where the sale is absolute and the vendor afterwards consents unconditionally to take back the property, because in both the contract is rescinded by the agreement of the parties and the vendee is well entitled to retain the purchase money in the one case or to recover ..... that by refusing to take back the horses, the defendant had not precluded himself from entering into page 25 u. s. 191 the nature of the contract, and that whenever that is open, it must be stated specially. the meaning of these latter expressions is distinctly stated by the court, and particularly ..... third pair were sent, which being likewise offered to be returned, the vendor refused to take them back. lord mansfield was against the action because, the contract being a special one, the defendant ought to have notice by the declaration that he was sued upon it. ashhurst, j., was of the same opinion ..... be permitted to defend himself by proving a breach of the warranty. the cases upon this subject are principally those where the vendee, having executed the contract on his part by paying the purchase money, brought an action of indebitatus assumpsit against the vendor as for money had and received to his use. ..... the article, the consequences are the same. but if the sale be absolute and there be no subsequent consent to take back the article, the contract remains open, and the vendee must resort to his action upon the warranty, unless it be proved that the vendor knew of the unsoundness of the .....

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1827

Columbian Insurance Company Vs. Catlett

Court : US Supreme Court

Decided on : Jan-01-1827

..... rights, and is not bound to forego his lien on the cargo for the freight and to look to an absent or insolvent owner or insurer for indemnity. the master is his agent to receive the freight, as well as agent of the underwriter to remit the salvage, and has a right -- nay ..... argument. in construing these clauses, it is material to consider the intention of the parties, as expounded by the general principles of law applicable to the contract. by these principles, the assured, upon an abandonment in due season for a technical total loss, acquires an immediate right of recovery against the underwriters ..... be the course of business, when such delay would be inexcusable in a voyage requiring or authorizing no such delay. the parties, in entering into the contract of insurance, are always supposed to be governed in the premium by the ordinary length of the voyage and the course of the trade. that delay ..... at different periods of the voyage, constituting the cargo. it would be pushing the argument to a most unreasonable extent, to suppose that the parties deliberately contracted for risks on a homeward voyage, on goods which, according to the known course of the trade, and the very nature of the commodities, were ..... in an exposition of the words, with reference to this known course and usage of the west india trade. the parties must be supposed to contract with a tacit adoption of it as the basis of their engagements. the object of the clause under consideration may be thus rationally expounded, as .....

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1827

Brown Vs. Maryland

Court : US Supreme Court

Decided on : Jan-01-1827

..... construed, if an intent to deal honestly and fairly, an intent as wise as it is moral, is to enter into the construction? what can be the use of the contract, what does the importer purchase, if he does not purchase the privilege to sell? what would be the language of a foreign government, which should be informed that its merchants .....

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1827

Connor Vs. Featherstone

Court : US Supreme Court

Decided on : Jan-01-1827

..... letter, and we can discover nothing elsewhere in the evidence, conducing to prove that connor at the time of the contract made any representation on the subject of the land being without or within tennessee. in the existing state of circumstances in relation to the position ..... afterwards established, no inference unfavorable to the fairness of connor's conduct can justly be drawn from hibbits' expectation at the time of the contract that the land was not in tennessee, unless it were shown that connor, by his representations, superinduced that expectation. there is nothing in the ..... 000 acres and thereby deceived and defrauded hibbits. so far as the letter alludes to the state of hibbits' mind at the time of the contract and to "an advantage" having been taken of him, the writer evidently means to state only mr. hibbits' subsequent complaints, and not the ..... nothing of the state of hibbits' mind, but speaks expressly of bodily disease. besides, it is uncertain whether this was before or after the contract, and cannot therefore furnish a circumstance in aid of cawley's statements. many other witnesses depose as to hibbits' mental condition whose statements are irreconcilable ..... by virtue of that assignment, and then proceeded to direct what interest the parties should respectively hold in the warrant, under the assignment and contract of 1796, and directed a release of the proportion allotted by the decree to the complainants accordingly. it is plain that if the assignment .....

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1827

General Interest Insurance Company Vs. Ruggles

Court : US Supreme Court

Decided on : Jan-01-1827

..... from him. it was therefore a case of concealment or misrepresentation by one who stood in the relation of agent of the assured in the subject matter of the contract and whose information lay at the foundation of it. the case of stewart v. dunlop, 4 brown.parl.cas. and park 320, decided in the house of ..... principal in place of the agent and makes him responsible for his acts. there is, then, the relation of principal and agent in the subject matter of the contract. but the master, in his character as master, has no authority to procure insurance, nor is he in any sense an agent for such purpose or in any ..... agency of another. the master, in his character as such, had certainly no authority to procure insurance. he could not bind the owner by such a contract, and if he could not, why should his page 25 u. s. 413 acts, totally unconnected with the business of procuring the insurance, render void a ..... the principal is responsible for the acts of his agent and that any misrepresentation or material concealment by the agent is equally fatal to the contract as if it had been the act of the principal himself. but such responsibility must of necessity be limited to cases where the agent acts within ..... contract entered into in good faith in all parties having any concern in the transaction? it is a general rule applicable to agencies of every description that the .....

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1827

United States Vs. Nicholl

Court : US Supreme Court

Decided on : Jan-01-1827

..... upon the mortgage, upon specified conditions and contingencies; but none of those conditions or contingencies is shown to have been complied with or to have happened. the letter contains no contract, and gives no time per se, upon any consideration binding on the government, and that the letter did not intend to suspend the right of the united states to sue ..... for the security and protection of the government, and to regulate the conduct of those officers; that they are merely directory to those officers, and form no part of the contract with the sureties; and the last case decides, 3dly, that where the act expressly directs a defaulting officer to be recalled at the expiration of six months from the time .....

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