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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1886 Page 1 of about 64 results (0.058 seconds)

May 10 1886 (FN)

The Great Western

Court : US Supreme Court

Decided on : May-10-1886

..... it by others; embracing rights of actions against others for torts causing the injury, if any there be, and upon policies of insurance or other contracts of indemnity, taking effect in consequence of or notwithstanding the loss. suppose, for instance, that, after the collision which gave to the libellants the lien and ..... and immaterial to say that the policy of insurance, taken out by the owner on his interest in the ship or freight, is a contract of personal indemnity, collateral to his ownership, which does not pass by operation of law with a transfer of the title to the thing which is the ..... omitted from the corresponding 4282 of the revised statutes, that the parties, nevertheless, might extend or limit the liability of ship owners by "making such contract as they please." a reference to the debates in congress upon the bill during its progress will show that this was the only provision which excited ..... as at common law, the owners of a steamboat were liable in personam for the loss by fire of specie carried by their boat, notwithstanding a contract of exemption, the loss having occurred from want of ordinary care on the part of those engaged in the navigation of the vessel. accordingly, it ..... by the abandon of the ship and their several shares in the vessel, from all further liability for the ship enterprise, particularly for the acts and contracts of the captain. in the ship are included all gains arising during the voyage, as well as the insurance. should the ship and the freight .....

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May 10 1886 (FN)

The City of Norwich

Court : US Supreme Court

Decided on : May-10-1886

..... them to the loss of their investment. now to construe the law in such a manner as to prevent the merchant from contracting with an insurance company for indemnity against the loss of his investment is contrary to the spirit of commercial jurisprudence. why should he not be allowed to purchase such ..... indisputable truth which ought thenceforth to govern all indemnities of insurance. thus it is, for example, that m. pardessus, speaking of this question in relation to maritime credits, comes back for its solution ..... . he says: "doctrine and jurisprudence, after some hesitation, pronounced themselves, as is well known, against the existence of a privilege or hypothecation on the indemnity due from the insurer, and in that way the general principle which emerigon had adopted as the basis of his theory penetrated men's minds as an ..... loss of his vessel, and that the parties who have suffered loss from the collision by the fault of his employees should get nothing for their indemnity. this mode of contrasting the condition of the parties is fallacious. if the ship owner is indemnified against loss, it is because he has seen ..... he has already by virtue of his ownership. if it were not for a rule of public policy against wagers, requiring insurance to be for indemnity merely, he could just as well take out insurance on another's property as on his own, and it is manifest that this would give him .....

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Mar 01 1886 (FN)

Phoenix Ins. Co. Vs. Erie and W. Transp. Co.

Court : US Supreme Court

Decided on : Mar-01-1886

..... the assured, is necessary to perfect the title of the insurer. from the very nature of the contract of insurance as a contract of indemnity, the insurer, when he has paid to the assured the amount of the indemnity agreed on between them, is entitled, by way of salvage, to the benefit of anything that ..... protect them from liability for any loss occasioned by their own negligence. by the settled doctrine of this court, even an express stipulation in the contract of carriage that a common carrier shall be exempt from liability for losses caused by the negligence of himself and his servants is unreasonable and ..... insurance did not attach to these goods, were also made on that day, and described the goods as on board the propeller. the contract of carriage and the contract of insurance must therefore be treated as substantially contemporaneous, and both made before the loss of the goods. there is nothing to show ..... in consequence of those terms and conditions, or other consideration paid therefor; but the shippers had often before shipped goods by this line under similar contracts, and thereby knew, or had every opportunity of knowing, the contents of these bills of lading. the propeller completed the lading of the goods ..... may be received, either from the remnants of the goods, or from damages paid by third persons for the same loss. but the insurer stands in no relation of contract or of .....

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Feb 01 1886 (FN)

Ming Vs. Woolfolk

Court : US Supreme Court

Decided on : Feb-01-1886

..... representations had been made to them by the defendant to the effect that the park ditch company had passed a resolution pledging its assets for their indemnity; that they were not induced, by the said representations of the defendant, to relinquish any security which they held -- in fact they held none ..... condition, and, moreover, have suffered no damage. the plaintiffs' counsel say, however, that the action is to be considered as based on the contract by which the defendant agreed to apply the assets of the park ditch company which came to his hands, after deducting all costs, charges, and ..... , therefore, prayed judgment against the defendant for the last-mentioned sum, with interest. the defendant, in his answer, admitted the making of the contract set out in the declaration, but denied that there was any valuable consideration therefor; denied that he had stated to the plaintiffs that the park ditch ..... from their liability to hale, represented to them that the park ditch company had passed a resolution, in conformity with the recitals in the contract above set forth, by which it had pledged the chessman note and the claim against poznainsky, and all of its resources, including all of ..... in montana territory, and in their petition stated their case substantially as follows: on september 16, 1874, the defendant made and delivered to the plaintiffs his contract in writing, or which the following is a copy: "helena, september 16, 1874" "whereas, john kinna and john h. ming have this day .....

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Apr 05 1886 (FN)

New York Mut. Life Ins. Co. Vs. Armstrong

Court : US Supreme Court

Decided on : Apr-05-1886

..... in such case to his legal representatives was intended to meet the contingency of his dying without having disposed of his interest, and not to limit his power over the contract during his life, and pass the insurance to those who should represent him after his death. the term "legal representatives" is not necessarily restricted to the personal representatives of one ..... for $6,000, but, upon the objection of the plaintiff, the testimony was excluded, and an exception taken. the court, among other things, instructed the jury in substance that the contract of insurance was divisible; that the last part, providing for the payment of the insurance money to the legal representatives of armstrong in case he should die before the expiration ..... $5,000 in the partnership, and was apprehensive that he might be charged as a general partner. if he was a special partner, the contract was not a wager policy, and as it was not a contract for the benefit of the wife of the assured, it does not fall within those cases where, for the protection of the beneficiary, the power ..... and of the statements contained therein, which, whether written by his own hand or not, every person accepting or acquiring any interest in the contract adopted and warranted to be true, and the only statements upon which the contract was made, and in further consideration of the payment of $138.60 quarterly each year during the continuance of the policy. on the .....

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Dec 20 1886 (FN)

Greenwich Ins. Co. Vs. Providence and Stonington S.S. Co.

Court : US Supreme Court

Decided on : Dec-20-1886

..... avail if the defendants are right in the position they take. this, we think, would be an unreasonable construction of the contract, and of the acts of the assured done in pursuance of it. we cannot say that such a contract is a desirable one for insurers to make. ordinarily, on an insurance for a specified time or adventure, such as a ..... or adventures, which is the solid basis on which all insurance rests. but the insurance company saw fit to make the contract in the form they did, and having made it, they are bound by its terms. and, according to that contract, we think that they continued to be liable for a loss, although it happened after the time covered by the .....

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Dec 13 1886 (FN)

Buzard Vs. Houston

Court : US Supreme Court

Decided on : Dec-13-1886

..... of the fraud, and from the nature of the relief asked by the complainant -- namely the cancellation of an agreement and the reinstatement of a contract which he had been fraudulently induced to cancel. if the bill had prayed nothing else, it seems to me clear that it would have presented a ..... was entirely responsible. the bill seeks to abrogate page 119 u. s. 355 and set aside the assignment, and to restore to complainant his original contract on account of the fraud and misrepresentation practiced upon him. having been induced to pay $15,000 in the transaction, and suffered a large amount ..... the original agreement for the sale of a number of cattle, and not of any cattle in particular, does not belong to the class of contracts of which equity would decree specific performance. if the plaintiffs should be ordered to be reinstated in all their rights under that agreement, and permitted now ..... them the sum of $10,000 for damages which they had sustained by reason of the defendant's fraudulently obtaining the surrender of the original contract, and by reason of the other injuries resulting to them therefrom, and for further relief. the defendant demurred to the bill, assigning as a ..... all which the plaintiffs knew nothing except that they knew that mcanulty was a man of wealth, and fully able as well as willing to perform his contracts. that on november 1, 1881, the plaintiffs, believing and relying on the defendant's representations aforesaid, accepted his proposition and paid the sum of $ .....

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Dec 06 1886 (FN)

New Orleans Vs. Houston

Court : US Supreme Court

Decided on : Dec-06-1886

..... which confers upon it the exclusive privilege of establishing a lottery and dealing in lottery tickets, and to recognize the charter thus modified as a contract binding on the state for the period therein specified. this renews and establishes the obligation of the corporation under 1, article 5, of ..... charity hospital of new orleans. the article of the constitution then proceeds to say: "and the charter of said company is recognized as a contract binding on the state for the period therein specified, except its monopoly clause, which is hereby abrogated." the monopoly clause hereby excepted and abrogated ..... for the collection of said illegal tax, which is illegal because prohibited by the constitution of the united states as violative of the said contract between your orator and the state of louisiana;" that the said officers of the state pretend to justify their action under the provisions of ..... claims that the provision in its said charter exempting it from taxes as aforesaid beyond the sum of $40,000, payable annually, is a contract between the state of louisiana and itself, and has been expressly confirmed and recognized as such by the present constitution of the state of louisiana, ..... privilege of establishing a lottery and dealing in lottery tickets, notwithstanding its repeal in 1875, and also to recognize the charter thus modified as a contract binding on the state for the period therein specified. stone v. mississippi, 101 u. s. 814 , distinguished. a grant in the constitution .....

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Nov 29 1886 (FN)

New York, L.E. and W. Railroad Vs. Nickals

Court : US Supreme Court

Decided on : Nov-29-1886

..... . lake shore & michigan southern railway, 84 n.y. 157. but it has no direct bearing on the questions before us. it only decides that the dividends provided for in the contract there in question were not only to be preferred, but, being guaranteed, were cumulative, and a specific charge upon the accruing profits, to be paid, as arrears, before any other ..... stockholder sought by suit to enforce full payment of his dividends from the net earnings, prior to any payment on account of new leases of roads or of debts subsequently contracted for borrowed money used in the repair and equipment of the road, in paying rent on leased lines, and interest on the money so borrowed. the circuit court, 10 blatchford ..... was said by the court in clearwater v. meredith, 1 wall. 25, 68 u. s. 40 : "when any person takes stock in a railroad corporation, he has entered into a contract with the company that his interests shall be subject to the direction and control of the proper authorities of the corporation to accomplish the object for which the company was ..... " arising from the operations for that period, was absolutely secured to preferred stockholders both by the plan and agreement and by the articles of association. such, it held, was the contract between the company and page 119 u. s. 304 the preferred stockholders, which the court was not at liberty to disregard. this, in our judgment, is an erroneous interpretation of .....

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Nov 15 1886 (FN)

Choctaw Nation Vs. United States

Court : US Supreme Court

Decided on : Nov-15-1886

..... value of the lands ceded by the treaty, they must be regarded as a meager pittance. it is perhaps impossible to interpret the language of this instrument, considered as a contract between parties standing page 119 u. s. 39 upon an equal footing, and dealing at arms-length, as a conveyance of the legal title by the choctaw nation to the .....

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