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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1888 Page 6 of about 63 results (0.060 seconds)

Feb 06 1888 (FN)

Aetna Life Ins. Co. Vs. Middleport

Court : US Supreme Court

Decided on : Feb-06-1888

..... absolutely extinguished." in memphis & little rock railroad v. dow, 120 u. s. 287 , this court said: "the right of subrogation is not founded on contract. it is a creation of equity, is enforced solely for the purpose of accomplishing the ends of substantial justice, and is independent of any contractual relations between the ..... bonds. the fact that the bonds were void, whatever right it may have given against the railroad company, gave it no right to proceed upon another contract and another obligation of the town to the railroad company. these propositions are very clearly stated in a useful monograph on the law of subrogation by ..... that the city had received their money without any consideration, and was bound ex aequo et bono to pay it back. the court said: "the only contract actually entered into is the one the law implies from what was done, to-wit, that the city would, on demand, return the money paid to ..... 545 to the rights of the railroad company by virtue of the principles of equity and justice. he does not set up any claim of an express contract for such subrogation. he says: "the equity alleged in the plaintiff's bill is, as i have said, the equity of subrogation. before proceeding to ..... bonds and paying its money therefor was to acquire such rights of subrogation, it cannot be received as any sufficient allegation that there was a valid contract to that effect. on the contrary, the bill fairly presents the idea that by reason of the facts of the sale the complainant was in .....

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Feb 06 1888 (FN)

District of Columbia Vs. Gallaher

Court : US Supreme Court

Decided on : Feb-06-1888

..... account recommended a deduction of $8.94 per lineal foot of the sewer. the board of audit audited the account with that deduction from the contract price, in accordance with the statement of the engineer. the claimants received the partial payment under protest. the amount of this deduction upon the ..... careful examination of the work being done by claimants, as to its character and conformity page 124 u. s. 509 with the specification of the contract, in the presence of one of the claimants. he found that generally it was being built in conformity with the specifications, but there were several ..... work in accordance with the plan, and without calling the attention of the board to any alleged or apparent variation of the same from the contract, and constructing the flooring, masonry, and arch according to the dimensions appearing thereon, and had finished about 680 lineal feet thereof when the board ..... , composing the firm of gallaher, loane & company, a copy of which is set out with the petition. the claimants on entering into said contract received from gallaher & smith the working plan furnished to them by the district engineer. it represented the plan and dimensions of the several parts of ..... the stream should flow, receiving and conducting the sewage from lateral connections on either side. it was constructed for the most part in sections, by contract with different parties, and the part here in controversy was the final or outlet section. it was commonly styled the "tiber creek sewer or .....

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Feb 06 1888 (FN)

Knight Vs. Paxton

Court : US Supreme Court

Decided on : Feb-06-1888

..... they possessed under the laws of illinois. an act of the state, passed in 1851, provided for exemption from levy and forced sale under judicial process or order for debts contracted after its date of the lot of ground and buildings thereon, occupied as a residence and owned by the debtor, being a householder and having a family, to the value ..... that of an unmarried woman in reference to the alienation or disposition of real property was still retained. the law still required, before she could convey or make any valid contract for the disposition of her lands, her husband should join with her in the deed or other writing." see also bradshaw v. atkins, 110 ill. 329; edwards v. schoeneman, 104 ..... any acknowledgment whatever, proof of her execution of a conveyance might have been made as at common law. so also, page 124 u. s. 557 from that time forth, her contract in writing, made jointly with her husband, for the disposition of her lands became binding upon her, and might have been enforced in a court of chancery, and she compelled .....

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Feb 06 1888 (FN)

Great Falls Mfg. Co. Vs. Attorney General

Court : US Supreme Court

Decided on : Feb-06-1888

..... taking possession of the land and water rights in question, it was competent for the company to waive the tort and proceed against the united states as upon an implied contract, it appearing, as it does here, that the government recognizes and retains the possession taken in its behalf for the public purposes indicated in the act under which its officers .....

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Jan 30 1888 (FN)

Western Union Tel. Co. Vs. Hall

Court : US Supreme Court

Decided on : Jan-30-1888

..... in the application of the rule to similar cases, where there has been delay in delivering by a carrier which amounts to a breach of contract, the plaintiff is not always entitled to recover the full amount of the damage actually sustained; prima facie the damages which he is entitled to ..... the familiar rules on this subject are all subordinate to these. for instance, that the damages must flow directly and naturally from the breach of the contract is a mere mode of expressing the first, and that they must be not the remote, but proximate, consequence of such breach, and must ..... defendant bound only to the exercise of slight care or to the exercise of ordinary care?" "3d. under the contract legally existing between plaintiff and defendant, whereby the defendant assumed the duty of forwarding said message, the same being an unrepeated message, can the defendant ..... the same, and that it is only liable to the plaintiff in damages in case of gross negligence on its part?" "2d. under the contract legally existing between the plaintiff and defendant whereby the latter assumed the duty of forwarding said message, the same being an unrepeated message, was the ..... when necessary to reach its destination. correctness in the transmission of message to any point on the lines of this company can be insured by contract in writing, stating agreed amount of risk and payment of premium thereon at following rates, in addition to the usual charge for repeated messages, .....

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Jan 30 1888 (FN)

Smith Vs. Alabama

Court : US Supreme Court

Decided on : Jan-30-1888

..... persons engaged in foreign or interstate commerce. objection might with equal propriety be urged against legislation prescribing the form in which contracts shall be authenticated, or property descend or be distributed on the death of its owner, because applicable to the contracts or estates of persons engaged in such commerce. in conferring upon congress the regulation of commerce, it was never intended .....

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Jan 23 1888 (FN)

Florence Mining Co. Vs. Brown

Court : US Supreme Court

Decided on : Jan-23-1888

..... where he has sold the goods on credit, the title passing immediately, but has stopped some of them in transitu, and where he has merely contracted to sell the goods, the delivery to be made by installments, and payment made with each delivery, the title only then vesting in the vendee. ..... ore remaining undelivered. these allegations were not admitted before the special master, but, if true, the fact would not constitute any performance of the contract on its part without an offer to deliver the balance, or at least without notice to the vendee or its receiver of a readiness to do ..... the case is brought here on appeal. page 124 u. s. 388 the contract between the florence mining company and brown, bonnell & co. was made on the 13th of february, 1882. by it, the florence mining company agreed to ..... mining company, deducting from the price for the whole ore which was to be delivered the value of the quantity undelivered, estimated according to the contract price, and he reported against the alleged equitable assignment. exceptions to his report were overruled, and the report was confirmed. to review this ruling, ..... continue the delivery unless payment be made in cash, but it does not absolve him from offering to deliver the property in performance of the contract if he intends to hold the purchasing party to it; he cannot insist upon damages for nonperformance by the insolvent without slowing performance on .....

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Jan 23 1888 (FN)

Sabariego Vs. Maverick

Court : US Supreme Court

Decided on : Jan-23-1888

..... of itself full proof. from the faith given to these writings the greatest good arises, for they are the evidence of what has taken place, and full proof of the contract they contain." 1 moreau and carleton's partidas 222, tit. 18, law 1. we do not, however, understand this provision as giving to such instrument any greater effect as evidence .....

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Jan 16 1888 (FN)

Union Railroad Co. Vs. Dull

Court : US Supreme Court

Decided on : Jan-16-1888

..... award. the relief which the appellant seeks is entirely wanting in equity. the company has had possession of the work done by the contractors since its completion in 1873. the contracts in question have been fully executed, and restoration of the parties to their original rights has become impracticable, if not impossible. nevertheless, the company, holding on to all ..... all requisite information to persons making inquiries with a view to proposals; gave such information, and performed the whole duty of chief engineer in connection with the making of the contracts; had the sole and exclusive superintendence of the work from the very commencement, the immediate direction thereof being devolved upon mr. kenly, the resident engineer, and that he, ..... action in the circuit court of the united states for the eastern district of pennsylvania, dull admitted under oath that he and wiley had two secret partners in the construction contracts, "who retained their interests until the completion of the work and during said controversy, one of them being samuel m. shoemaker and the other being the said john ellicott ..... company; that by reason of manning's absence during long periods in ohio, the preliminary arrangements for the biddings, the interviews with the parties proposing to bid, the construction contracts, and the general superintendence of the work, for some months after its commencement, was left almost entirely to ellicott, in whom the appellant and manning had the fullest confidence; .....

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Jan 09 1888 (FN)

Lawson Vs. Floyd

Court : US Supreme Court

Decided on : Jan-09-1888

..... tract of land herein mentioned, sold by the said lawson to said floyd, estimated to contain 1,000 acres, shall be in said johnston, as an indemnity to him, which is described as follows, viz., all the land owned by said lawson lying below kezer's branch above aracoma, lying back of the ..... , and therefore of considerable value, while the larger part of it ran up on to the mountain ridges. in accordance with this understanding, the original contract states that "lawson is to make the said floyd a deed, with general warranty and relinquishment of dower, to the above described property, except one recent ..... in a case of this kind, it is eminently proper to consider the circumstances surrounding the parties, and which would probably influence them in making the contract at the time it was entered into. these, we think, throw much light on the question in this case, and leave but little doubt that ..... deceive him; that, before bringing this suit, he (the plaintiff) had an accurate survey made of the land according to the boundaries mentioned in the contract, and that instead of there being a thousand acres, as represented by lawson, there were only 592 acres, leaving a deficiency of 408 acres. he claims ..... it was agreed that the property and control of the land should be in johnston as an indemnity to him for the payment of this purchase money. this agreement is marked exhibit b in the bill, and is as follows: "this contract, made this third day of august, 1871, between anthony lawson, geo. r. c. .....

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