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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1859 Page 1 of about 23 results (0.058 seconds)

1859

Refeld Vs. Woodfolk

Court : US Supreme Court

Decided on : Jan-01-1859

..... . & 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 .....

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1859

Ogilvie Vs. Knox Insurance Company

Court : US Supreme Court

Decided on : Jan-01-1859

..... 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 .....

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1859

Emerson Vs. Slater

Court : US Supreme Court

Decided on : Jan-01-1859

..... direct a verdict for the defendant. it is also contended by the plaintiff that the effect of the indemnity given by the railroad company to the defendant was to take the contract out of the statute of frauds, but we do not find it necessary to determine that question at ..... that date, the railroad company had failed, and was utterly insolvent, owning nothing, it seems, except the securities transferred to the defendant for his indemnity in this transaction, and the franchise of the road. unlike what was exhibited in the former record, it now appears that the defendant had large ..... mainly to promote the individual interest of the defendant. damage also resulted to the plaintiff, as is obvious from the whole transaction. under his contract with the company, they had stipulated to pay him monthly eighty-five percent upon the estimated value of the materials furnished, and seventy-five ..... footing. such subsequent oral agreements, not falling within the exception mentioned, may have the effect to enlarge the time of performance specified in the contract, or may vary any other of its terms, or may waive and discharge it altogether. on this point, the authorities are numerous and decisive ..... special count was afterwards filed by consent, which, in one respect, varies essentially from the other counts. after setting out the substance of the contract, it alleges that the defendant waived performance at the day stipulated in the agreement, and extended the time to the twentieth day of the same .....

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1859

Leggett Vs. Humphreys

Court : US Supreme Court

Decided on : Jan-01-1859

..... to its object and calculated to promote the performance of services to the public which otherwise could not be undertaken. the practice of providing such an indemnity for sureties is known to be usual and frequent, and it would be difficult to imagine an objection, either legal or moral, to its ..... been adduced of a fraudulent purpose in making that conveyance, no valid objection is perceived to an application of the proceeds of that conveyance towards the indemnity of the surety, and these proceeds, together with the amount of the sheriff's fee bills collected, it is shown by the testimony, are ..... the judgment of the circuit court in the case of mcnutt v. bland having been against the plaintiff, and the deed by bland for the indemnity of the appellee having been executed for a bona fide consideration pending the proceedings on the writ of error to the circuit court, and no ..... in addition to this interpretation resulting from the character of the obligation of the surety, the statute of mississippi, which necessarily enters into and controls all contracts made under its authority, expressly limits the responsibility of a surety in a sheriff's bond to the amount of the penalty of that bond. vide ..... to change their legal obligations. this rule is thus forcibly put by chancellor kent in the 3d commentaries 124 where he says: "when the contract of a guarantor or surety is duly ascertained and understood by a fair and liberal construction of the instrument, the principle is well settled that .....

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1859

BenjamIn Vs. Hillard

Court : US Supreme Court

Decided on : Jan-01-1859

..... instruct the jury that if they believed that the defendant, relying upon the receipt given by the plaintiffs, settled with hopkins & leach and surrendered to them securities he held to indemnity him against the liability he assumed by his guaranty, and such surrender and discharge were made after the settlement between hopkins & leach and the plaintiffs and upon the faith of ..... somewhat indefinite, would not, as matter of law, operate to discharge the defendant, and the court declined to charge the jury "that if they believed that the performance of the contract was essentially altered or varied, or the time of the delivery of the machinery at wilkes barre extended upon good consideration, without the knowledge or consent of the defendant, the ..... the parties choose mutually to accommodate each other so as better to arrive at their end, the surety cannot complain. so where the machinery delivered was imperfect and the two contracting parties had exchanged receipts, but the imperfection was afterwards discovered and the recipients of the machinery had to expend money upon it, the guarantor is responsible for it. the defects ..... case of nonperformance thereof to refund to messrs. hillard & mordecai all sums of money they may pay or advance thereon, with interest from the time the same is paid." this contract is not in the alternative, but consists of two terms -- one, that the principals shall perform their engagement, not merely by the delivery of some machinery, but of such machinery .....

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1859

Alabama Vs. Georgia

Court : US Supreme Court

Decided on : Jan-01-1859

..... declarations and admissions upon the part of georgia simplify the controversy and narrow it to the claim of the respective parties as heretofore set forth. the contract of cession must be interpreted by the words page 64 u. s. 513 of it, according to their received meaning and use in the language in ..... answers illustrative of the right of alabama to the boundary which is claimed. georgia answers them separately, having previously given a correct and literal copy of the contract. it is as follows: "the state of georgia cedes to the united states all the right, title, and claim which the said state has to ..... 64 u. s. 511 the difference between the two states must be decided by the construction which this court shall give to the following words of the contract of cession: " west of a line beginning on the western bank of the chattahoochee river, where the same crosses the boundary between the united states ..... average and mean stage of the water, as that is expressed in the conclusion of the above-recited paragraph. page 64 u. s. 506 by the contract of cession, the navigation of the river is free to both parties. see the case of howard v. ingersoll, 13 how. 381, and the correction ..... .s. (23 how.) 505 original syllabus the boundary line between the states of georgia and alabama depends upon the construction of the following words of the contract of cession between the united states and georgia, describing the boundary of the latter, viz., "west of a line beginning on the western bank of the .....

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1859

Rey Vs. Simpson

Court : US Supreme Court

Decided on : Jan-01-1859

..... it clearly ought to be received. hawkes v. phillips, 7 grey 284. applying these principles to the present case, it is obvious that the contract of the two defendants whose firm name is upon the back of the note was an original undertaking, running clear of all questions arising out of ..... evidence; but the weight of authority is greatly the other way, as is abundantly shown by the cases cited on the other side. whenever a written contract is presented for construction, and its terms are ambiguous or indefinite, it is always allowable to weigh its language in connection with the surrounding circumstances and ..... , or guarantor or endorser, there is one principle upon the subject almost universally admitted by them all, and that is that the interpretation of the contract ought in every case to be page 63 u. s. 350 such as will carry into effect the intention of the parties; and in most ..... defendants endorsed the said note, and of the reliance of the plaintiff upon such endorsement as security to him, are incompetent either to vary the said contract or to change in any respect the legal obligations of the defendants, marshall. 2. it appears, upon the face of the said complaint that the ..... defendants, william r. marshall and joseph m. marshall, or either of them, in that: 1. the facts stated in the said complaint show that the contract of the defendants, marshall, upon the promissory note in said complaint mentioned, was that only of endorsement, and the allegations in the said complaint of the .....

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1859

Pennock Vs. Coe

Court : US Supreme Court

Decided on : Jan-01-1859

..... reviewing the cases in the books, he concludes: "i cannot, without going in opposition to many authorities which have been cited, throw any doubt upon the point that bixnie, the contracting party, would be bound by the assignment to the plaintiffs." there are many cases in this country confirming this doctrine, and which have led to the practice extensively of giving ..... might have been invoked, and this in order to protect the security of the bondholders. and if a court of equity would thus have compelled a specific performance of the contract, we may certainly with confidence conclude that it would sanction the voluntary performance of it by the parties themselves, and give effect to the security as soon as the property ..... the road, and equip it, the road and equipments thus constructed, and as fast as constructed, shall be pledged as a security for the loan. this is the simple contract, when stripped of form and verbiage, and, in order to carry out this intent most effectually and with as little hazard as possible to the lender, the company specially stipulate ..... used therein, or procured therefor, with the above-described bonds, or the money obtained therefor, bridges, viaducts, culverts, fences, depots, grounds and buildings thereon, engines, tenders, cars, tools, machinery, materials, contracts, and all other personal property, right thereto, or interest therein, together with the tolls, rents, or income, to be had or levied therefrom, and all franchises, rights, and privileges, of .....

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1859

Oelricks Vs. Ford

Court : US Supreme Court

Decided on : Jan-01-1859

..... stipulations in the contract refer to matters outside of the instrument, parol proof of extraneous facts may be necessary to interpret their meaning. as a general rule, there must be ambiguity or uncertainty upon ..... to which the contract relates, or with reference to which it was made, may afford explanation, and supply deficiencies in the instrument. technical, local, or doubtful words may be thus explained. so where ..... independently of the total insufficiency of the evidence to establish the usage, we are satisfied, if it existed, the proof would have been inadmissible to affect the construction of the contract. this proof is admissible in the absence of express stipulations, or where the meaning of the parties is uncertain upon the language used, and where the usage of the trade ..... " " " january, 1856 4,000 " " " february, 1856 ------ 10,000 "l. e. ballard, broker" "approved:" "oelricks & lurman" the 2,000 barrels deliverable in december were delivered, accepted, and paid for as per contract. the 4,000 barrels to be delivered in each of the months of january and february were duly tendered to the defendants and payments demanded, and which were refused. the .....

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1859

Zabriskie Vs. Cleveland, C. and C. R. Co.

Court : US Supreme Court

Decided on : Jan-01-1859

..... the resulting consequence of running connections among the four corporations; it secured profits to the guarantors; it imposed the burden of relaying their track upon the piqua company. their contract to adopt this gauge and to form the corresponding connections is a valuable consideration, and the piqua company have fulfilled the engagements that dennison and niel were authorized to stipulate ..... before the meeting of the stockholders, and by the authority of the directors only. the testimony does not convict the defendants -- the bondholders -- of complicity in the negotiations or contracts that preceded the issue of the bonds, nor does any equivocal circumstance appear in their purchase of those securities. it is proved that it is a common practice for railroad ..... indianapolis roads, and those corporations agreed to guaranty four hundred of the bonds of the piqua company before mentioned, and to subscribe for thirty thousand dollars of their stock. this contract was reported shortly after to the boards of the several corporations, and approved, and the bonds were issued and endorsed, and the stock subscribed for in april, 1854. the ..... , and their work suspended for want of money. the indianapolis company were willing to change the gauge of their road to the ohio pattern, but were withheld by their contract with the piqua company. in january, 1854, the piqua company appointed a committee from their board of directors to negotiate for money or securities sufficient to complete their road .....

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