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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1889 Page 1 of about 63 results (0.080 seconds)

Mar 05 1889 (FN)

Liverpool and Great Western Steam Co. Vs. Phenix Ins. Co.

Court : US Supreme Court

Decided on : Mar-05-1889

..... subrogation of the libellant to the rights of the shippers against the carrier presents no serious difficulty. from the very nature of the contract of insurance as a contract of indemnity, the insurer, upon paying to the assured the amount of a loss, total or partial, of the goods insured, becomes, without ..... the goods are to be delivered at liverpool and the freight and primage therefore payable there in sterling currency do not make the contract an english contract or refer to the english law the question of the liability of the carrier for the negligence of the master and crew in ..... american, both parties must be presumed to have submitted themselves to the law there prevailing, and to have agreed to its action upon their contract. the contract is a single one, and its principal object, the transportation of the goods, is one continuous act, to begin in the port of ..... they dealt, and that such law ought therefore to prevail in the absence of circumstances indicating a different intention, as, for instance, that the contract is to be entirely performed elsewhere, or that the subject matter is immovable property situated in another country, and so forth, which latter, though ..... and in respect to her seaworthiness and outfit and everything within the reasonable limits of skill and foresight, the respondent fully complied with its contract of affreightment, and with all the requirements of law. as to the allegations of the libel concerning insurance and subrogation, the answer averred that .....

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Apr 22 1889 (FN)

Wilson Vs. Edmonds

Court : US Supreme Court

Decided on : Apr-22-1889

..... at ten percent, to-wit, one for forty thousand dollars, and one for four thousand dollars, of same date as this memorandum, and as a further guaranty and indemnity to edmonds. this contract shall terminate upon notice by either party or upon death of either, and then all the moneys so invested shall be returned to said edmonds, with interest to extent ..... were, and how long they continued; that he might state what was the consideration for the two notes, and when it arose, and that he might set forth any written contract between him and squier in relation to any business transaction between them, and when and how he became possessed of the securities referred to, and the particulars of the payments ..... a partnership between the parties as to the particular venture or investment of the money in the securities in question, such a contract of partnership did not connect the defendant with the general business of squier & co.; that the contract was that, in consideration of certain moneys placed by the defendant in the hands of squier, he would purchase for the defendant .....

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Jan 14 1889 (FN)

inman Vs. South Carolina Ry. Co.

Court : US Supreme Court

Decided on : Jan-14-1889

..... , for that would be to allow the carrier to decline the discharge of its duties and obligations as such, unless furnished with indemnity against the consequences of failure in such discharge. refusal by the owners to enter into a contract so worded would furnish no defense to an action to compel the company to carry, and submission to such a requisition would ..... loss had been incurred, the companies signed certain memoranda by which the face of the insurance was reinstated, proofs of loss waived, and provision made for postponing the question of indemnity until the owners, if the carrier refused to pay, had used effort to collect, without prejudice to the owners' claims against the insurance companies. but this falls far short ..... carrier is in legal effect primary and that of the insurer secondary, yet the insured can, in the absence of provisions otherwise controlling the subject, insist upon proceeding, under his contract first against the party secondarily liable, and when he does so is bound in conscience to give to the latter the benefit of the remedy against the party principal; but ..... railroad company receiving it, and by the connecting roads, which bills of lading, and the conditions, stipulations, and agreements thereof, were received and accepted by the plaintiffs, and constitute the contract between them and the defendant," that the cotton was received "subject to the conditions, stipulations, and agreements of said bills of lading," and that the 248 bales were destroyed by .....

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May 13 1889 (FN)

Allman Vs. United States

Court : US Supreme Court

Decided on : May-13-1889

..... the first route from six to seven per week, it was reduced back to six, and one month's extra pay allowed to the contractor as indemnity for the discontinuance. the petition sets up a demand for the 50 percent thereon, which has been withheld by the postmaster general. page 131 u. ..... with the provisions of 3960 and 3961, is this: section 3960 treats the rate of pay for additional service as definitely fixed by the original contract, and under its provisions the compensation which the contractor is to receive for each extra trip placed upon his route is to bear an exact ..... recited, and directed that the 50 percent paid to the contractor for such service should be computed upon the service rendered at the time the contracts were entered into before any additional trips had been ordered on either route, and not upon the service as actually expedited. this order making the ..... in the exercise of authority expressly reserved in these contracts, by successive orders increased the number of trips per week on both routes, on the first by raising the number from six to seven trips per ..... the petition that the appellant carried the mails for four years over each of two routes, no. 46,210 and no. 46,211, under these contracts entered into with the postmaster general, and in conformity to the orders subsequently issued by him. whilst the services were being rendered, the postmaster general, .....

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May 15 1889 (FN)

Douglass Vs. Lewis

Court : US Supreme Court

Decided on : May-15-1889

..... upon a grantor, notwithstanding he has warranted generally in the conveyance, yet the rule is there equally well settled that the statutory covenant of seisin is merely a covenant for indemnity, and that nominal damages only are recoverable until the estate conveyed is defeated or real injury sustained. dickson v. desire's adm'r, 23 mo. 151; collier v. gamble, 10 ..... is strengthened that where one is expressly inserted in the deed the other ought not to be implied. page 131 u. s. 88 lewis and wife had the right to contract that their grantee should not hold possession of the property and at the same time compel them to return the purchase money, and in either aspect there could be no .....

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Dec 16 1889 (FN)

McgillIn Vs. Bennett

Court : US Supreme Court

Decided on : Dec-16-1889

..... to enable the court better to understand and construe the contract, the defendant now seriously alleges as error the admission of such parol evidence. the point is not tenable. page 132 u. s. 453 it ..... of exceptions, the defendant at the trial introduced evidence, under the objections and exceptions of the plaintiffs, of the circumstances attending the execution of the contract, of the relative situation of the parties, and of the negotiations, correspondence, and interviews between them and their agents leading up to its execution ..... 250,000 in money, being willing to take the balance of such purchase price in the eighty-four acres of cook county land. before the contract was entered into, and while the negotiations for it were going on, the plaintiff bennett visited chicago and examined the cook county land. on ..... plaintiffs duly transferred the leases to him. in the preliminary negotiations between the parties which resulted in the contract, the defendant insisted that he would not purchase the ranch and cattle at the price of $400,000 unless the plaintiffs would take his ..... the meeting in kansas city, the plaintiffs advised the defendant of the amount which they had advanced for rent on the leases named in the contract subsequently to july 15, 1885, and which was to be refunded by the defendant, and thereafter the latter paid said rental, and the .....

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Dec 16 1889 (FN)

Greene Vs. Taylor

Court : US Supreme Court

Decided on : Dec-16-1889

..... "bankrupt creditors holding securities" there appeared, under the heading "names of creditors," "david r. greene;" under the heading "residence and occupation," "new bedford, mass.;" under the heading "when and where contracted," "april 2, 1877 at chicago, illinois;" under the heading "value of securities," "unknown;" under the heading "amount of debt," "$35,000, and interest at 7 1/2 percent since april ..... filed a schedule naming the creditors of robertson holding securities, giving the name of david r. greene as one of such creditors, his place of residence, the date of the contracting of his debt, its amount, a statement that the security was a trust deed on property in chicago, a description of such property, the street and number where it was .....

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Dec 13 1889 (FN)

Hume Vs. United States

Court : US Supreme Court

Decided on : Dec-13-1889

..... schedule; that upon some of the items the claimant lost money; upon others there was a very small profit, and that upon the whole contract, adjusted at contract rates, the claimant will not receive more than a fair and reasonable profit. claimant denies emphatically any attempt to practice a fraud on the ..... the discovery of the error in the schedule, and the position of the claimant in regard to it, and, if the defendant successfully impeached the contract on the ground of fraud, the judgment for the actual market value of the shucks was correct, and sustainable under the pleadings. in order to ..... may ordinarily recoup the damages which he can show he has sustained through page 132 u. s. 414 the fraud. and there may be contracts so extortionate and unconscionable on their fact as to raise the presumption of fraud in their inception, or at least to require but slight additional ..... whereby he agreed to furnish ( inter alia ) shucks at the rate of sixty cents per pound; that this was a clerical error, the real contract being that shucks were to be furnished by claimant to said hospital at sixty cents per hundredweight; that notwithstanding this, "claimant attempts to practice a fraud ..... charge therefor was based upon the amount stated in said proposal, and accepted by said defendant's officers and agents, and by them incorporated in said contract as aforesaid." to this petition a special plea was filed february 12, 1886, on behalf of the united states, to the effect that claimant had .....

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Dec 09 1889 (FN)

Cleaveland Vs. Richardson

Court : US Supreme Court

Decided on : Dec-09-1889

..... vigilance and, if not imposed upon or defrauded, will be held to his contract. that was an action brought to set aside a release under seal on the ground that it was inoperative because obtained by misrepresentation and a concealment of material facts. it ..... 60 percent on the ground that such payment, if made as claimed by the plaintiffs, was not made voluntarily; that the court overruled the objection and held that, under the contract of december 29, 1883, signed "cleaveland, cummings & woodruff," any payment over 60 percent was made voluntarily, unless such claim had gone to judgment, that the defendants excepted to such ruling ..... that the other did not volunteer to give the information he had; that ignorance of a fact extrinsic and not essential to a contract, but which, if known, might have influenced the action of a party to the contract is not such a mistake as will authorize equitable relief, and that as to such facts, the party must rely upon his own .....

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Dec 02 1889 (FN)

United States Vs. Barlow

Court : US Supreme Court

Decided on : Dec-02-1889

..... for the determination of the post office department. its determination cannot operate to defeat the express declaration of the statute prescribing the conditions upon which contracts with the department shall be made. if an allowance is founded upon a clear mistake of fact, not a mere error of judgment, and ..... in such case the additional compensation shall bear no greater proportion to the additional stock and carriers necessarily employed than the compensation in the original contract bears to the stock and carriers necessarily employed in its execution." "sec. 4057. in all cases where money has been paid out of ..... statute, the government could not recover any part of the consideration paid the defendants for carrying the mail unless in the making of the contract there was fraud, participated in and countenanced by the officers of the department who acted in the matter; that if they were of opinion ..... making this change of line and expediting the service over it, and providing increased compensation for the additional service. the compensation allowed by the original contract, as mentioned above, was $19,000 a year; which, the distance being one hundred and ninety-six miles, was at the rate of ..... sanderson, by which they agreed to transport the mails over the route mentioned for the period designated and to perform the service required by his contract with the united states, in consideration whereof they were to receive the pay which was or might become due to him. they were recognized .....

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