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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1855 Page 1 of about 11 results (0.060 seconds)

1855

New York and Cumberland Railroad Company Vs. Myers

Court : US Supreme Court

Decided on : Jan-01-1855

..... the six percent bonds of the company, and twenty-five percent in stock; one-half of the latter to be reserved for an indemnity for the fulfillment of the contract until said division of the road should be completed. the 9th section of the agreement refers to the second, third, and fourth ..... pay therefor fifty percent in cash, twenty-five percent in bonds, and twenty-five percent in stock, one-half being retained, as stipulated, for an indemnity; nor did said defendants pay the plaintiffs therefor, according to the monthly estimates of the engineer as returned by him." the breach of the covenants ..... of each monthly estimate by the engineer, a like sum in the bonds of the company, and a like sum, reserving one half thereof for indemnity, in the stock certificates of the company. "the monthly estimates to be governed by the same gradation of actual expenditures as heretofore, and the payment ..... bonds, and certificates of stock, in corresponding amounts, equal to the sum aforesaid, should be made in complete discharge of said company upon all the contracts pertaining to that section of the road. the breaches laid in the declaration, applicable to the payments, are as follows: "and the said plaintiff ..... the court. this is an action by the defendant in this court (myers) against the railroad company for the breach of the covenants in a contract made between these parties in august, 1850, by which the defendant agreed to perform certain work, incur charges and expenses, and supply equipments and .....

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1855

Dennistoun Vs. Stewart

Court : US Supreme Court

Decided on : Jan-01-1855

..... and did purchase the bills drawn by the defendant upon booth, the character of the security proffered and said to have been accepted in the bill of lading for the indemnity of the plaintiffs in purchasing the bills drawn upon booth, and the obligation of the same plaintiffs not to surrender that security nor to use it to the detriment of .....

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1855

Carrington Vs. the Brigg Ann S. Pratt

Court : US Supreme Court

Decided on : Jan-01-1855

..... lien that it is claimed attaches in cases of repairs or advances in the foreign port in the absence of any special agreement to the contrary? we think not. the contract of hypothecation by bottomry under which the money was loaned is different from that implied by the general admiralty law. in the one case, the money advanced is payable only ..... is met by the defense resting upon the familiar principle that a court administering justice upon principles of equity will not lend its aid to enforce the fulfillment of a contract in favor of a party to it, which is founded in fraud. 2 story's eq. 298, and cases. in such cases, the court leaves both parties where the law ..... admitted as the foundation of a decree in favor of the libellant for any amount, but differed with him upon the other question in the case, and held that the contract between airey and the lender for security by bottomry, and fulfillment of that agreement by the execution of the bond, were acts wholly inconsistent with the idea of a general ..... pledged. now it is well settled that the lien implied by the general admiralty law may be waived by the express contract of the parties or by necessary implication, and the implication arises in all cases where the express contract is inconsistent with an intention to rely upon the lien. a familiar instance is where the money is advanced or repairs made .....

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1855

Masters Vs. Barreda and Brother

Court : US Supreme Court

Decided on : Jan-01-1855

..... delivery of the bills of lading to masters & son, and that their refusal to deliver the same, as stated in the testimony, is no breach of contract, and is not a bar to the recovery in this action of the amount due for the guano actually received by masters & son. such was the instruction ..... taken into the computation in ascertaining whether the balance due by the masters amounted to more than $40,000, because that cargo had been sold under a different contract, in no way connected with the other purchases. such, however, was not the fact, for the giaour's cargo was bought under the same memorandum of ..... notwithstanding the previous endorsement and delivery of the bill of lading to the defendants, and the refusal as stated in the testimony is no breach of contract on the part of the plaintiffs and is not a bar to the recovery in this action of the amount due for the guano actually received by ..... at the time when the further delivery of the cargoes of the beatrice and the ailsa was refused by the plaintiffs, the refusal was justifiable under the contract. they were not bound, in such a state of the account, to deliver these cargoes on credit. and if they offered to deliver them on the ..... defendants offered several prayers to the court as instructions to the jury which the court declined to grant, and instructed the jury as follows: "1. under the contract made by the letters of the 9th, 10th, and 11th of march, the amount for the cargo of the lucy elizabeth, and for which notes had been .....

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1855

United States Vs. Gatesby

Court : US Supreme Court

Decided on : Jan-01-1855

..... duty of the navy department to provide medical stores and attendance for the officers and seamen attached to that service. it may truly be said also to enter into the contract of the government with persons so employed by them. for this purpose, a bureau of medicine is attached to this department and numerous medical officers appointed. the law, moreover, exacts .....

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1855

Watson Vs. Tarpley

Court : US Supreme Court

Decided on : Jan-01-1855

..... questions of a more general nature not at all dependent upon local statutes or local usages of a fixed and permanent operation, as for example to the construction of ordinary contracts or other written instruments, and especially to questions of general commercial law, where the state tribunals are called upon to perform the like functions as ourselves -- that is, to ascertain ..... upon general reasoning and legal analogies, what is the true exposition of the contract or what is the just rule furnished by the principles of commercial law to govern the case." again, in the same case it is said by this court: "the law .....

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1855

Pease Vs. Peck

Court : US Supreme Court

Decided on : Jan-01-1855

..... be ascertained from any popular impression on the subject. if any mischief has arisen from the vicious publications, it belongs to the legislative authority of the state to afford the indemnity. it is admitted that the statute, as contained in the original roll, will bar the plaintiff's claim, and that he is within the exception contained in the printed laws ..... published statute. it had received a settled construction by the courts of the united states as well as those of the state. it had entered as an element into the contracts and business of men. on a sudden, a manuscript statute differing from the known public law is disinterred from the lumber room of obsolete documents; a new law is promulgated ..... purpose of changing their construction after a lapse of thirty years, and after their construction has been long settled by the courts, and has entered as an element into the contracts and business of the citizens, may well be doubted. the reception and long acquiescence in them, as printed and distributed by authority, by those who had it always in their .....

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1855

Pennsylvania Vs. Wheeling and Belmont Bridge Company

Court : US Supreme Court

Decided on : Jan-01-1855

..... but gold and silver coin a tender in payments of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts." to determine the unconstitutionality of a law under some of these prohibitions would be attended with as much, if not more, difficulty than to say whether ..... to pay the customary tolls, he would be liable to a suit for the amount. if one of the pittsburgh packets carry the mail under a contract with the post office department, and the bridge should obstruct the boat, such an obstruction would make the bridge company liable, unless the above act, ..... changed at the will of the proprietors, and the mail will not be carried in the cars, except by contract, for which a compensation is paid. the same principle applies to a turnpike road on which the mail is carried. even an ordinary road, though a ..... that the postage may be charged. it gives to the government no rights on these lines of communication, except where the mail may be carried under a contract, which, if obstructed, subjects the offender to prosecution. it gives to the government no other interest in or control over the road. the railroad may be ..... kentucky in contravention of the compact was null and void within the provision of the constitution forbidding a state to pass any law impairing the obligation of contracts. but that is not the question here. the question here is whether or not the compact can operate as a restriction upon the power of .....

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1855

Jecker, Toree and Co. Vs. Montgomery

Court : US Supreme Court

Decided on : Jan-01-1855

..... construction of this phrase "if the port is blockaded, or other obstructions prevent the discharge of the ship." independently of this phrase, however, we have, on the face of this contract, the declaration that the shipment was made to an enemy's port, that the delivery was to take place at that port, that the interposition of the neutral island of ..... ; 1 c. rob. 127; the vrow judith. comparing this answer with the papers found on board the captured vessel, we see it expressly stipulated in the charter party, the very contract by which the ship was hired and which was signed by these respondents, that the ship shall proceed to new orleans, and there take from the charters wylie and page ..... individuals of the belligerent nations. negotiation or contract has, therefore, no necessary connection with the offense. intercourse inconsistent with actual hostility is the offense against which the operation of the rule is directed." the case of the joseph ..... cause he embarks." again, the court said: "if by trading in prize law was meant that signification page 59 u. s. 114 of the term which consists in negotiation or contract, this case would not come under the penalties of the rule. but the object and spirit of the rule is to cut off all communication or actual locomotive intercourse between .....

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1855

Ex Parte Wells

Court : US Supreme Court

Decided on : Jan-01-1855

..... is now the district of columbia. page 59 u. s. 327 that the general laws of maryland for the punishment of offenses, the practice of the courts, forms of actions, contracts &c.;, come under the laws of maryland is undoubted. but the question is whether the above laws which regulate pardons by the governor apply to the president of the united ..... an arrangement, there can be no objection; but when the obligation to suffer arises only from the force of a contract, it is a singular instrument of executive power. who can foresee the excitements and convulsions which may arise in our future history. the struggle may be between a usurping executive ..... degree and kind of punishment substituted, it does not seem to be a power fit to be exercised over a people subject only to the laws. to speak of a contract, by a convict, to suffer a punishment not known to the law nor authorized by it is a strange language in a government of laws. where the law sanctions such ..... it is said, "i pardon you your debt." or it is the remission of a penalty to which one may have subjected himself by the nonperformance of an undertaking or contract, or when a statutory penalty in money has been incurred and it is remitted by a public functionary having power to remit it. in the law it has different meanings .....

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