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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1876 Page 1 of about 53 results (0.114 seconds)

1876

Connecticut Mutual Life Insurance Company Vs. Schaefer

Court : US Supreme Court

Decided on : Jan-01-1876

..... 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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1876

Garfielde Vs. United States

Court : US Supreme Court

Decided on : Jan-01-1876

..... service, or whenever the public interests, in his judgment, shall require such discontinuance or curtailment for any other cause; he allowing, as a full indemnity to the contractor, one month's extra pay on the amount of service dispensed with, and a pro rata compensation for the amount of service ..... the regular bid be the lowest offered for the advertised service, the other proposition may be considered." "sec. 275. the law provides that contracts for the transportation of the mail shall be awarded to the lowest bidder tendering sufficient guaranties for faithful performance, without other reference to the mode ..... "sec. 263. the postmaster general may order an increase or extension of service on a route, by allowing therefor a pro rata increase on the contract pay. he may change schedules of departures and arrivals in all cases, and particularly to make them conform to connections with railroads, without increase of pay ..... required it, and that for such discontinuance one month's pay was to be deemed a full indemnity to the contractor. there was reserved to the postmaster general the power to annul the contract when his judgment advised that it should be done, and the compensation to the contractor was ..... specified. an indemnity agreed upon as the amount to be page 93 u. s. 247 paid for cancelling a contract, must, we think, afford the measure of damages for illegally refusing to award it. judgment .....

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1876

Muller Vs. Dows

Court : US Supreme Court

Decided on : Jan-01-1876

..... by the chicago, rock island & pacific railroad company of its right to foreclose the mortgage. 6. a surety who holds several securities by way of indemnity may resort to either of them for payment. the facts are stated in the opinion of the court. page 94 u. s. 445 mr. justice ..... had no right to control the location of the branch road, or the cost of its construction. it was not its duty to supervise the contracts or direct the alignment. such action would have been outside of its corporate power. if some persons who were its officers undertook to control the expenditure ..... at least the interest, of the atchinson branch bonds. the answer to this is what we have heretofore said. there was no lease, nor any contract which bound the rock island company to take a lease, much less to pay a rental sufficient to guarantee the principal or interest of the atchinson branch ..... a meeting of the executive committee of the rock island company, messrs. scott and riddle were appointed a subcommittee "to agree upon the basis of a contract for a running arrangement between the company and the southwestern, with directions to report to the general committee when an arrangement should be agreed upon." on ..... might be agreed upon. manifestly, this was for an additional security to the guarantors of the bonds, and not for a substituted security. and the contract of july 27, 1871, made between the rock island company and the southwestern, merely provided that, with regard to the lease of the branch railroad .....

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1876

The Atlas

Court : US Supreme Court

Decided on : Jan-01-1876

..... . may on ins. 555. compensation by the wrongdoer after payment by the insurers is not double compensation for the plain reason that insurance is an indemnity, and it is clear that the wrongdoers page 93 u. s. 311 are first liable, and that the insurers, if they pay first, are entitled to be subrogated to the ..... can recover compensation twice in respect of the same injury, but what the plaintiff recovers under his policy of insurance is not compensation for damages, but a payment under a contract independent of the claim against the wrongdoer, and the better opinion is that the principle which excludes double compensation does not strictly apply to obligations not in the same right ..... which the libellant has received from an underwriter on account of the same injury, the rule being, that a wrongdoer in such a case cannot claim the benefit of the contract of insurance if effected by the person whose property he has injured. maude & p. on ship. (3d ed.) 465; flanders on ins. 591. instead of that, the law is well .....

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1876

Utley Vs. Donaldson

Court : US Supreme Court

Decided on : Jan-01-1876

..... "new york, july 12, 1871" "to donaldson & fraley, st. louis:" "the central pacifics bought of you in may are declared counterfeit. we shall look to you for indemnity." "utley, dougherty, & scott" 13. on the same day, july 12, 1871, plaintiffs wrote and mailed to defendants a letter, as follows: "new york, july 12, ..... made intentionally and with knowledge of the circumstances." darnley v. the proprietors, supra; howard v. carpenter, 2 md. 259. when one party assents to a contract, relying upon the representations of the other, his assent is given upon the condition that the representations are true. duncan v. hoge, 24 miss. 671. ..... should take the bonds, if they took them at all. this result leaves the rights of the parties as they were under the original contract, and entitles the plaintiffs to recover. but conceding for the purposes of this opinion that the letter did contain such a proposition or annunciation ..... of the case renders it unnecessary to consider either of these points. the first sentence of the letter relied upon by the defendants recognizes distinctly the contract as made by the dispatches. the defendants say: "in accordance with your offer for 15 central pac. first mort. bonds, 102 1/2 ..... take any step whatever in this direction. it cannot be questioned that the dispatches between the parties on the 25th of may constituted a complete contract of sale, upon the condition or with an implied warranty, which it is not material here to consider, that the bonds were genuine. .....

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1876

West WisconsIn Ry. Co. Vs. Board of Supervisors

Court : US Supreme Court

Decided on : Jan-01-1876

..... these acts -- the lands of the company having been mortgaged pursuant to the first, and the road having been completed within the time limited by the second -- created a contract within the contract clause of the constitution of the united states, and that therefore the two acts of 1870 abrogating the exemptions were void. in the argument here, a large share of ..... trust created for the good of all." we hold here, as we held there, that the exemptions in question were gratuities offered by the state, without any element of a contract. there was no assurance or intimation page 93 u. s. 598 that they were intended to be irrevocable, or that the laws in question should not be at all times ..... , that an act of the legislature of a state exempting property of a railroad company from taxation is not, when a mere gratuity on the part of the state, a contract to continue such exemption, but is always subject to modification and repeal in like manner as other legislation, reaffirmed and applied to this case. mr. justice swayne delivered the opinion ..... . it is intended to promote the general welfare. it reaches the interests of every member of the community. it may be restrained by contract in special cases for the public good, where such contracts are not forbidden. but the contract must be shown to exist. there is no presumption in its favor. every reasonable doubt should be resolved against it. where it exists .....

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1876

Atlantic Delaine Company Vs. James

Court : US Supreme Court

Decided on : Jan-01-1876

..... cost of the real estate and of the cassimere page 94 u. s. 212 department, together with the amount paid general james on his contract for completing the mill. the statement undertook to give nothing more, and there is no just reason for saying that in this particular the ..... or than his assignee had. james had undertaken to build it, and to furnish it with all the machinery needed. he knew what the contract price for building it was, and he knew what extra work had been done. so did his assignee, who by the assignment had been ..... page 94 u. s. 210 "i would state that our directors estimate that $50,000 or more of the above balance accrued from the nonfulfillment of the contract with charles t. james, which they shall prosecute against him or his assignee." "the above is a true copy from the books." "[signed] george w. ..... stock . . . . . . . . . . . . . . . . 237,495.53 ----------- $789,541.55 credit cash and bills receivable, on hand. . . . . . $13,584.92 cost of real estate, cassimere department, and amount paid charles t. james's contract account. . . . . . . . . . . . . . 310,006.04 due from lyman b. frieze, assignee. . . . . . 53,314.77 due from sundry persons . . . . . . . . . . . 2,061.38 wool, cotton, and ..... circuit court of the united states for the district of rhode island syllabus the power of a court of equity to cancel an executed contract ought not to be exercised unless the fraud and false representations set up as the ground for relief are clearly proved, and the complainant .....

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1876

Home Ins. Co. Vs. Baltimore Warehouse Co.

Court : US Supreme Court

Decided on : Jan-01-1876

..... insurers. and the notice required to be given to the bailors meant no more than that neither the receiving of the goods nor the certificate of receipt amounted to a contract of insurance. it would be straining the language of the notice most unwarrantably were we to treat it as amounting to an engagement that the company would not obtain insurance ..... . it is contended on their behalf that it covered only the warehouse company's interest in the goods contained in the warehouse. if this is the true meaning of the contract, the instruction given by the circuit court to the jury was erroneous. if, on the other hand, the policy covered the merchandise itself, and not merely the interest which the ..... or who were intended to be insured thereby. in such cases, the words of the policy fail to designate the real party to the contract, and therefore, unless resort is had to extrinsic evidence, there is no contract at all. finney v. bedford ins. co., 8 met. 348. turning, then, to the policy issued to the plaintiff below and construing it by ..... all others, the subject of the insurance, its nature and its extent, are to be ascertained from the words of the contract which the parties have made. it is as true of policies of insurance as it is of other contracts that, except when the language is ambiguous, the intention of the parties is to be gathered from the policies alone. there .....

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1876

Munn Vs. Illinois

Court : US Supreme Court

Decided on : Jan-01-1876

..... the lord of the fee. no action could be maintained on any promise to pay for the use of money, because of the unlawfulness of the contract. whilst the common law thus condemned all usury, parliament interfered, and made it lawful to take a limited amount of interest. it was not upon ..... i think, safely claim all the compensation which page 94 u. s. 153 they can obtain by bargain for their work. in the absence of any contract for property or services, the law allows only a reasonable price or compensation; but what is a reasonable price in any case will depend upon a variety ..... business of life. it was undoubtedly adopted as a part of the constitution for a great and useful purpose. it was to maintain the integrity of contracts, and to secure their faithful execution throughout this union by placing them under the protection of the constitution of the united states. and it would but ..... the amount fixed will operate as a partial destruction of the value of the property, if it fall below the amount which the owner would obtain by contract, and, practically, as a complete destruction if it be less than the cost of retaining its possession. there is, indeed, no protection of any value ..... more properly speaking, to fix a maximum beyond which any charge made would be unreasonable. page 94 u. s. 134 undoubtedly, in mere private contracts relating to matters in which the public has no interest, what is reasonable must be ascertained judicially. but this is because the legislature has no control over .....

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1876

Johnson Vs. Harmon

Court : US Supreme Court

Decided on : Jan-01-1876

..... earlier period, that "such a person had no agreeing mind," which of itself is sufficient to show that the intoxicated man cannot be held bound to the alleged contract. chitty on contr. (10th ed.) 137; pitt v. smith, 3 camp. 33; fenton v. holloway, 1 stark. 126. beyond doubt, these authorities ..... life. weakness of understanding may be a material circumstance in every case where the charge is that one of the contracting parties has taken undue advantage of the other, or has been guilty of unfair practice or imposition. formerly, it was considered that intoxication was ..... sufficient to show that the final decree of the court below is erroneous. imbecility of mind is not of itself sufficient to set aside a contract, when there is not an essential privation of the reasoning faculties or an incapacity of understanding and acting with discretion in the ordinary affairs of ..... from the testimony of a physician, who testified that he saw the party almost daily about that time, and "that he was not competent to contract at the time of making the deed," in which statements he was confirmed by other witnesses called during the trial. opposing evidence was introduced by the ..... , in respect to the act in question, renders the person irresponsible for such an act, though criminal, and disqualifies him to enter into a contract or to execute a valid instrument to convey real or personal estate. deeds made by such a person are at least voidable; but mere weakness .....

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