Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1891 Page 1 of about 80 results (0.053 seconds)

Mar 16 1891 (FN)

St. L., I.M. and S. Ry. Co. Vs. Commercial Union

Court : US Supreme Court

Decided on : Mar-16-1891

..... right of the insurer against such other person does not rest upon any relation of contract or of privity between them. it arises out of the nature of the contract of insurance as a contract of indemnity, and is derived from the assured alone, and can be enforced in his right ..... , was no bar to this action, and that the fourteenth instruction requested was rightly refused. it is not contended that the plaintiff's contracts were void for want of compliance with the provisions of the statutes of arkansas concerning foreign insurance companies, and it does not even appear ..... state respecting insurance companies were faithfully executed, declaring it to be unlawful for any person, company, or corporation to solicit or make any contract of insurance within the state without complying with the provisions of this act and requiring every insurance company or association, domestic or foreign, doing ..... sheds owing to the neglect of the defendant railway company, though often requested by the compress company, to furnish transportation according to the contract between them, the compress company piled and kept these bales and much more other cotton in the street adjoining. the defendant railway company, ..... 1887, the defendant, whose railway extended from little rock in arkansas across the arkansas river to argenta and beyond, had made an oral contract with the union compress company, which was engaged in compressing bales of cotton for transportation, to receive all cotton in bales that might be .....

Tag this Judgment!

Mar 02 1891 (FN)

Chicago, St.L. and N.O. R. Co. Vs. Pullman Co.

Court : US Supreme Court

Decided on : Mar-02-1891

..... the general rule of law (and it is obvious justice) is that where there is a contract of indemnity -- it matters not whether it is a marine policy, or a policy against fire on land, or any other contract of indemnity -- and a loss happens, anything which reduces or diminishes that loss reduces or diminishes the amount ..... j.law 409: "notwithstanding such payment, an action will lie by the insured against the railroad company. the insurance is to be treated as a mere indemnity, and the insured and insurer regarded as one person; therefore payment by the insurer before suit brought cannot affect the right of action." to the same ..... and if the amount recovered from the railroad company, increased by the sum collected from the insurance companies, was more than sufficient for its just indemnity, the excess would be held by it in trust for the insurance companies. the inquiry in this action is as to the amount for which ..... rights of the insured, and could, in the name of the insured or in their joint names, maintain an action against the railroad company for indemnity if that company was liable to the insured for the loss of the cars. the acceptance of a given amount from the insurance companies in ..... were subrogated to the rights of the insured, and could in its name or in their joint names, maintain an action against the railroad company for indemnity, if the latter was liable to the insured for the loss of the cars -- this because the liability of the railroad company was, in legal effect .....

Tag this Judgment!

Jan 26 1891 (FN)

Coburn Vs. Cedar Valley Land and Cattle Co., Ltd.

Court : US Supreme Court

Decided on : Jan-26-1891

..... without releasing or indemnifying him for certain liabilities he had incurred and for which he was personally liable on account of the company, to all of which compensation, reimbursement, and indemnity coburn and ewing alleged themselves entitled before ewing could be discharged from said appointment and an injunction was prayed accordingly. this cause was removed to the united states circuit court ..... on november 23, 1885, the cattle company filed a cross-bill setting forth the alleged employment of coburn and ewing on behalf of the intended corporation; the making of the contract with munson; that coburn and ewing had received a commission from munson secretly; the transactions as to the property in kansas city, and the alleged overpayment in the purchase of ..... for the western district of missouri, and the corporation answered, alleging that no such contract was made for the appointment of ewing, but that the subscription of coburn and ewing to the capital stock was unconditional, and that ewing was appointed as manager, but as ..... commission with him; that afterwards they were directed to burnett to buy the property upon terms and conditions and at specified prices known to him; that they entered into the contract with munson pursuant to directions from burnett, and expended a large amount of time and labor in the transaction, a reasonable compensation for which was alleged to be $50, .....

Tag this Judgment!

Nov 29 1891 (FN)

O'Brien Vs. Miller

Court : US Supreme Court

Decided on : Nov-29-1891

..... to the owners, but this was not done. afterwards the owners, having become insolvent, assigned their claims for the restoration of the proceeds and for indemnity from spain to their separate creditors, and the commissioners under the florida treaty awarded to be paid to the assignees a sum of money, part for ..... shipowner by the party who has caused the damage by his illegal conduct." "when the compensation or indemnity has been received by the shipowner, he is personally responsible to the ship's creditors to the extent of the amount received in the same ..... damage takes, as against the ship's creditor, the place of that which the compensation is to make good." "the same rule applies to the indemnity, which in case of loss or damage to the vessel or of nonpayment of freight when goods have been lost or damaged, is due to the ..... the extent of the damages paid on account of the collision, were liable to the libellants, as creditors of the ship. in interpreting a contract, the whole contract must be brought into view, and it must be interpreted with reference to the nature of the obligations between the parties and the intention which ..... r. 147, in speaking of a form of respondentia bond in use in philadelphia, which partook of the character of a loan coupled with a contract of insurance: "contracts of this kind are so different in different countries (although they resemble each other in some prominent features) that when disputes arise, they are to .....

Tag this Judgment!

Dec 21 1891 (FN)

Van Stone Vs. Stillwell and Bierce Mfg. Co.

Court : US Supreme Court

Decided on : Dec-21-1891

..... the defendant, and was turned over to him, he waiving all exceptions on account of its not having been completed within the time specified in the contract, and at various stated times previous thereto having paid thereon a total sum of $3,044.12. it was then alleged that the defendant failed and ..... his failure to act, by j. h. cordell, of the same city. the petition further alleged that schupp complied fully with the terms of the above contract except as to the time when the mill was to be completed, the machinery for grinding corn not working satisfactorily at that time, but that, upon ..... at aulville in that state, and should be satisfactory to one frank summerville, whose opinion in that respect was to be binding on both parties to the contract, and that the materials used in its construction, with the exception of such as were on the premises, should be furnished by schupp, page 142 u. ..... of flour a day and of grinding from three hundred to four hundred bushels of corn into meal in a day of twenty-four hours. the contract further stipulated that the mill should be constructed in a good and workmanlike manner, and when completed should be up to the standard of other mills, ..... citizenship of the parties. the amended petition, framed under the code practice of the state, contained three counts. the first was a declaration of a written contract between schupp and van stone, dated january 16, 1885, by the terms of which the former agreed to construct in the elevator building of the latter, .....

Tag this Judgment!

Dec 14 1891 (FN)

New Orleans Vs. New Orleans Waterworks Co.

Court : US Supreme Court

Decided on : Dec-14-1891

..... are unnecessary. they are full and conclusive to the point that the municipality, being a mere agent of the state, stands in its governmental or public character in no contract relation with its sovereign, at whose pleasure its charter may be amended, changed, or revoked without the impairment of any constitutional obligation, while with respect to its private or ..... are the auxiliaries of the state in the important business of municipal rule, and cannot have the least pretension to sustain their privileges or their existence upon anything like a contract between them and the legislature of the state, because there is not and cannot be any reciprocity of stipulation, and their objects and duties are utterly incompatible with everything ..... against the new orleans waterworks company and the city to enjoin the city from making any appropriations or drawing any warrants in favor of the waterworks company under a certain contract set forth in the bill. the petition set forth in substance: 1. that the legislature in 1877 incorporated the new orleans waterworks company for the purpose of furnishing the ..... the impairment of any constitutional obligation; but such a corporation, in respect of its private or proprietary rights and interests, may be entitled to constitutional protection. there was no contract between the city and the waterworks company, which was protected against state legislation by the constitution of the united states. the repeal of a statute providing that a municipal .....

Tag this Judgment!

Dec 14 1891 (FN)

Farnsworth Vs. Duffner

Court : US Supreme Court

Decided on : Dec-14-1891

..... further trouble about the land thereafter." so we have not only equal means of knowledge, but also an actual examination by the purchaser, through his counsel; a completion of the contract when, and only when, his counsel advises him that the title is satisfactory; a prior caution to the purchaser that land titles in west virginia were doubtful, and his reply ..... was, or had been for years, the surveyor of the county, spending the time from saturday morning until tuesday night in going to, examining, and returning therefrom. after executing this contract, the duffners returned to cleveland. having been advised that the deed was executed and ready for delivery, and in july following, this plaintiff, with a lawyer from cleveland -- mr. ..... generalities equally within the knowledge, or the means of acquiring knowledge, possessed by both parties." but if the neglect to make reasonable examination would preclude a party from rescinding a contract on the ground of false and fraudulent representations, a fortiori is he precluded when it appears that he did make such examination and relied on the evidences furnished by such ..... in 2 pomeroy's equity jurisprudence, section 892, it is declared that a party is not justified in relying upon representations made to him: "1. when, before entering into the contract or other transaction, he actually resorts to the proper means of ascertaining the truth and verifying the statement; 2. when, having the opportunity of making such examination, he is charged .....

Tag this Judgment!

Dec 07 1891 (FN)

Pearce Vs. Rice

Court : US Supreme Court

Decided on : Dec-07-1891

..... bond, note, bill, specialty, covenant, agreement, act, deed, security, or conveyance given or executed in violation of the statute relating to gaming and gambling contracts. we think he was. the evidence shows that the assignment to him was in good faith and for a valuable consideration. it is clear that he was ..... must yield to the requirements of the statute that relief may be granted in a court of equity to vacate and set aside judgments and contracts obtained in violation of this provision." these cases in effect decide that the judgments which the statute permits to be vacated upon bill in equity ..... . 249, 253, which was also a suit in equity to set aside a judgment -- obtained without a real defense's being made -- upon a contract void under the gaming statute. it was there contended that section 131 and 135 of the statute had no application to judgments except those rendered by confession ..... of illinois? the statute of illinois referred to, being the part of the criminal code of that state relating to "gambling and gambling contracts" provides: "sec. 130. whoever contracts to have or give to himself or another the option to sell or buy at a future time, any grain or other commodity, ..... transaction between hooker & co. and foote was based upon a mere wager or bet upon the price of grain or provisions constituting an option contract prohibited and declared void by the statutes of illinois, and therefore that the consideration of foote's guarantee upon the two notes failed, no title .....

Tag this Judgment!

Dec 07 1891 (FN)

Coghlan Vs. South Carolina R. Co.

Court : US Supreme Court

Decided on : Dec-07-1891

..... exceeding two millions of dollars, either in the united states or in europe, and when such contract or contracts shall be made by bond or bonds, certificate or certificates, or other instrument or instruments, signed by the president of the said company, under its seal, and countersigned by ..... . justice matthews, held, upon full consideration, in pritchard v. norton, 106 u. s. 124 , 106 u. s. 136 , that the law upon which the nature, interpretation, and validity of a contract depended was that which the parties, either expressly or presumptively, incorporated into it as constituting its page 142 u. s. 110 obligation. this doctrine was reaffirmed in liverpool &c.; steam ..... presenting the proper coupons for the same at the house of palmers, mackillop, dent & co., london, where the principal will also be redeemed on the surrender of this certificate." the contract, therefore, was one which in all its parts was to be performed in england. nevertheless it is contended that the principal sum agreed to be paid should bear interest at ..... the authority of the same, that the faith and funds of the state of south carolina be, and the same are hereby, pledged to secure the punctual payment of any contract which shall be made for borrowing money by the louisville, cincinnati and charleston railroad company from any person or persons, company or companies, corporation or corporations, to any amount not .....

Tag this Judgment!

Dec 07 1891 (FN)

Henderson Bridge Co. Vs. Henderson City

Court : US Supreme Court

Decided on : Dec-07-1891

..... the state puts the decision upon any federal question, and on this writ of error to the state court, we are bound by its interpretation of the contract contained in the ordinance, in view of the constitution and laws of kentucky, and cannot review that question. writ of error dismissed. mr. justice harlan ..... until may, 1883, more than a year after the ordinance of the city of henderson was accepted by the bridge company in february, 1882. the contract of february, 1884, between the bridge company and the railroad company was made more than two years after the ordinance of february, 1882, came into ..... both of them assign for error that the court erred in overruling their claim that the tax ordinances of the city impaired the obligations of the contract of february 27, 1884, between the bridge company and the railroad company, and were void because repugnant to the constitution of the united states. ..... taxes the bridge structure north of low water mark on the kentucky shore of the river, because those ordinances impaired the obligations of the charter contract of the bridge company with kentucky, and were repugnant to the constitution of the united states, and (3) that it erred in overruling the ..... that, relying on the law of kentucky as being so settled, the bridge company, on the 27th of february, 1884, entered into a written contract with the louisville and nashville railroad company for the maintenance and operation of the bridge. a reply was put in to that answer, and subsequently the .....

Tag this Judgment!


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