Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1880 Page 2 of about 40 results (0.057 seconds)

1880

Daniels Vs. Tearney

Court : US Supreme Court

Decided on : Jan-01-1880

..... wrong the right to renounce the contract, for the general rule is that no man can take advantage of his own wrong, and the innocent party therefore is alone entitled to such a ..... contrary is not alleged and it does not appear. quod non apparet, non est. de non apparentibus et non existentibus, eadem est ratio. "if the contract be executed, however -- that is, if the wrong be already done -- the illegality of the consideration does not confer on the party guilty of the ..... v. graham, 100 u. s. 699 . the same result is produced in like manner in many instances where a corporation, having enjoyed the fruits of a contract fairly made, denies, when called to account, the existence of the corporate power to make it. railway company v. mccarthy, 96 u. s. 258 . the ..... the condition of the bond was framed accordingly. this, as we have shown, was directly repugnant to the constitutional provision which forbids the impairment of contracts by state laws. the bond, as a statutory instrument, cannot have more validity than the statute which prescribed it as the means of giving effect ..... sales should be made under decrees or deeds of trust without the consent of the parties interested "until otherwise provided by law" was clearly in conflict with the contract clause of the national constitution. bronson v. kinzie, 1 how. 311; mccracken v. hayward, 2 how. 608; edwards v. kearzey, 96 u. s. .....

Tag this Judgment!

1880

Williams Vs. Louisiana

Court : US Supreme Court

Decided on : Jan-01-1880

..... the bonds of the company. by the new amendment, she agrees unconditionally to pay $2,500,000 of money, with no security for its repayment and no indemnity against loss. under the former act, she might never have been called on to endorse the bonds, as the conditions might never have been complied with, ..... face of the transaction it is quite apparent that it was a new debt, based on a new consideration, with only an incidental reference to an old contract liability to make it colorable. we concur therefore with the supreme court of the state in holding that these bonds constituted a new debt issued on a ..... court has jurisdiction to determine whether the amendment, as construed by the court below and applied to the facts of the case, impairs the obligation of a contract. held further that the act is in conflict with that amendment inasmuch as it authorized the creation of a new debt on a new consideration in excess ..... contract, and this court can review that question, while if the bonds constitute a new and independent contract, the constitutional provision was properly applied to them, and the judgment is right. as this is the question we ..... both as to its merits and as to the jurisdiction of this court. for it is insisted by plaintiffs in error that if their contract existed in effect before the amendment, the amendment as construed by the state court impairs the obligation of that .....

Tag this Judgment!

1880

Steamship Company Vs. United States

Court : US Supreme Court

Decided on : Jan-01-1880

..... the steamships of the new class until other vessels became necessary besides those already accepted. page 103 u. s. 727 that such was the understanding of the parties to this contract receives strong confirmation from language found in the bid or offer of the company, which was accepted without qualification by the postmaster general. it is this: "we are now building ..... the requirements of the act of congress authorizing the additional monthly service, and other satisfactory steamships required in their place." the question is whether the company was bound by this contract to carry this additional semi-monthly mail in vessels of the class here described and in no others, or whether, while exercising due diligence, to have as many vessels of ..... as follows: "sec. 3. . . . for steamship service between san francisco, japan, and china, five hundred thousand dollars, and the postmaster general is hereby authorized to contract with the lowest bidder, within three months after the passage of this act, after sixty days' public notice, for a term of ten years, from and after the first day ..... steamships colorado, great republic, china, japan, america, and alaska were duly inspected and were accepted by the government for that service. they had been in actual use in performing the contract for several years, when congress by the act of june 1, 1872, c. 256, making appropriations for the service of the post office department for the next fiscal year, enacted .....

Tag this Judgment!

1880

Railroad Company Vs. Falconer

Court : US Supreme Court

Decided on : Jan-01-1880

..... , including the appointment of commissioners, can be construed as amounting to such a contract. all that was done by the town, through the action of its taxpayers and the county judge, was to appoint agents for making a subscription and issuing bonds on the ..... , must stand upon the effect of the taxpayers' petition and the proceedings had thereon before the county judge. if, under the operation of existing statutes, these proceedings amounted to a contract between the town and the railroad company, no subsequent legislation or constitutional amendment could lawfully impair its obligation. but it is difficult to see how the said petition and proceedings ..... to the petition and proceedings under which the commissioners were appointed, and a declaration on their part that they did not undertake or agree to perform the conditions of the contract except as empowered and authorized by said proceedings. the defendants in error contend that this agreement was page 103 u. s. 825 ultra vires of the commissioners and wholly ..... such county, city, town, or village be allowed to incur any indebtedness, except for county, city, town, or village purposes." the court of appeals held that there was no such contract in existence as alleged by the plaintiff in error when the amended constitution went into effect, and therefore that the prohibition contained in the clause just quoted was conclusive against .....

Tag this Judgment!

1880

Kirk Vs. Hamilton

Court : US Supreme Court

Decided on : Jan-01-1880

..... accounts as for distribution of the fund realized by the sales, kirk, it seems, appeared before the auditor by an attorney and made objection to the allowance of the simple contract debts which had been proven against him in his absence. so far as the record discloses, no other objection to the proceedings was interposed by him. undoubtedly he then knew ..... the following paper: "the defendant kirk does not admit the simple contract debts, but contests the same, and requires the said claims before they be allowed by the auditor to be established by competent proof. r. h. laskey, atty. for deft." the ..... , 1864, and before the case was confirmed, kirk returned from the south, and has appeared by mr. laskey, his counsel, upon page 102 u. s. 73 this reference. the simple contract debts are not admitted by him, but he states that he has offsets in bar against some if not all of them." appended to the auditor's report there is ..... the cause referred to an auditor to state the accounts of the trustee and report a distribution. a. appeared before the auditor and objected to the allowance of the simple contract debts. the report of the auditor was confirmed, and the lots were conveyed by the trustee's deed bearing date dec. 14, 1860, to b., who entered thereon and made .....

Tag this Judgment!

1880

Giddings Vs. Insurance Company

Court : US Supreme Court

Decided on : Jan-01-1880

..... davis v. gray, 16 wall. 203. here there was clearly no performance by the applicant, and it is equally clear that hence there was no contract or obligation whatsoever on the part of the company. it was the business of the applicant if, after sending forward his application, he continued to desire a ..... any other unexecuted intention. the company prepared the draft of a contract which they were willing to execute. among its stipulations was one that the assurers should not be bound by the instrument until the premium was paid ..... other, because there would have been wanting the mutual assent of the minds of the parties which is vital in all cases to the creation of a contract obligation. what was done, without something further, could have no more weight or efficacy, in the view of the law, than an unexpressed thought or ..... pause as long as they might deem proper, and finally to accept or reject the application as they might choose to do. if they elected to contract, they had the right to prescribe the terms, and it was for the other party to assent to or reject them. his unbroken silence, as ..... by loren giddings and leander giddings, administrators of silas giddings, deceased, to compel the specific performance, by the northwestern mutual life insurance company, of its alleged contract, made with him some months prior to his death, to insure his life in the sum of $6,000. the court below dismissed the bill, .....

Tag this Judgment!

1880

Sims Vs. Everhardt

Court : US Supreme Court

Decided on : Jan-01-1880

..... 's right to avoid the deed. and those confirmatory acts must be voluntary. as we have said, one who is under a disability to make a contract cannot confirm one that is voidable or, what is the same thing, cannot disaffirm it. an affirmance or a disaffirmance is in its nature a mental assent ..... she never did any act after her deed was made and after she came of age expressive of her consent to it or implying an affirmance of the contract. the most that is alleged against her is that she was silent during her coverture. but silence is not necessarily acquiescence. we are aware that the ..... she was in a weak and nervous condition. it is not strange that a woman bound to such a husband should delay during her coverture disaffirming a contract which he had forced her to make. add to this that she had very little opportunity to disaffirm until after her divorce. before she had reached her ..... is presumed not to have sufficient discretion for that. why should not the greater disability of coverture be attended with the same consequences? if a wife cannot contract about any land which is not her separate property, how can she, without the concurrence of her husband, do any act the effect of which is ..... estate, such as the wife had in scranton v. stewart. in regard to it, she was sub potestate viri, incapable of suing or making any contract without her husband's assent. she could not even receive a grant of land if her husband dissented. her disability during her coverture was even greater than .....

Tag this Judgment!

1880

United States Vs. Knox

Court : US Supreme Court

Decided on : Jan-01-1880

..... for the debts of the corporation under any circumstances. here, the liability exists by virtue of the statute and the assent of the corporators to its provisions, given by the contract which they entered into with congress in accepting the charter. with respect to the character of that page 102 u. s. 425 liability, it is entirely clear from the language ..... . what the effect of the clause would have been without the change is a point we are not called upon to consider. the charter of a private corporation is a contract between the lawmaking power and the corporators, and the rights and obligations of the latter are to be measured accordingly. by the common law, the individual property of the stockholders ..... and is now in force in these terms: "the shareholders of every national banking association shall be held individually responsible, equally and ratably, and not one for another, for all contracts, debts, and engagements of such association, to the extent of the amount of their stock therein, at the par value thereof, in addition to the amount invested in such shares ..... shareholders are thus liable. the first bank law was passed feb. 25, 1863, c. 58, 12 stat. 665. the last clause of sec. 12 is as follows: "for all debts contracted by such association for circulation, deposits, or otherwise, each shareholder shall be liable to the amount of the par value of the shares held by him, in addition to the .....

Tag this Judgment!

1880

Wadsworth Vs. Supervisors

Court : US Supreme Court

Decided on : Jan-01-1880

..... and under the circumstances prescribed by that instrument. applying the doctrines announced in aspinwall v. commissioners to the present case, it is clear that there was no binding agreement or contract between the railroad company page 102 u. s. 538 and the county of eau claire by which the latter became legally bound, through its board of supervisors, to execute and ..... , speaking for the whole court, "the contract is unexecuted and obligatory upon neither party." hence, the new state constitution was held to govern the case, and from the time of its adoption to have withdrawn from the ..... in that case that the popular vote did not itself create a vested right in the railroad company to the bonds, and that a subscription was necessary to create a contract binding the county to issue bonds in payment of the stock, and binding the company to issue stock for the bonds. "until the subscription is made," said mr. justice nelson ..... to receive the bonds became complete and perfect when a majority of legal voters declared in favor of the subscription, and that such right was not, and consistently with the contract clause of the national constitution could not be, affected by any subsequent changes in the organic law of the state. to that position this court was unable to give its .....

Tag this Judgment!

1880

Penniman's Case

Court : US Supreme Court

Decided on : Jan-01-1880

..... insolvent act of the colonial legislature passed in 1756, and no longer in force, was in the strictest sense a law impairing the obligation of contracts; that it interfered with an actually vested right of the creditor acquired under existing laws and entitling him to a particular remedy against the person ..... the state, received, in due form, from the proper court, a judgment that "he should be, and was thereby, fully discharged from all the debts, duties, contracts, and demands, . . . and from all imprisonment, arrest, and restraint of his person therefor." to this plea a demurrer was filed, and the judges of ..... states, and was therefore null and void because it impaired the obligation of the judgment upon which the commitment had been made and of the contract on which the judgment was founded. it was adjudged by the supreme court that the section was constitutional and valid, and that by virtue ..... jointly and severally liable for all the debts of the company then existing, and for all that shall page 103 u. s. 715 be contracted before such notice shall be given, unless such company shall have been insolvent and assigned its property in trust for the benefit of its creditors, ..... the state of rhode island syllabus a state statute abolishing imprisonment for debt does not, within the meaning of the constitution, impair the obligation of contracts which were entered into before its enactment. the facts are stated in the opinion of the court. mr. justice woods delivered the opinion of the .....

Tag this Judgment!


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