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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1891 Page 2 of about 80 results (0.057 seconds)

Nov 09 1891 (FN)

Moline Plow Co. Vs. Webb

Court : US Supreme Court

Decided on : Nov-09-1891

..... the said parties of the first part, or their legal representatives." the statute of texas provided that "actions for debt where the indebtedness is evidenced by or founded upon any contract in writing must be commenced and prosecuted within four years after the cause of action accrued, and not afterwards." the case was heard by the court, and a general finding ..... and singular its allegations and pleading in bar of the action the statute of texas providing that actions for debt, where the indebtedness is evidenced by or founded upon any contract in writing, must be commenced and prosecuted within page 141 u. s. 619 four years after the cause of action accrued, and not afterwards. 2 sayles' texas civil statutes, art ..... creditor compelled to sue upon a claim so soon as it becomes due. but the statute was put in motion without consulting his wishes, by the very terms of the contract, which neither party had any right to change without the consent of the other. when suit is left to the option of the creditor, and he fails to bring his .....

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Nov 02 1891 (FN)

Mclean Vs. Clapp

Court : US Supreme Court

Decided on : Nov-02-1891

..... visited amboy, and, discharging ives, transferred his affairs to the control of arnold. this appears distinctly from his own testimony. now if he desired to rescind his contract, his duty was at once to return what he had received, and repudiate wholly and forever the transaction. so far from doing this, page 141 u. s. ..... be silent and continue to treat the property as his own, he will be held to have waived the objection, and will be conclusively bound by the contract, as if the mistake or fraud had not occurred. he is not permitted to play fast and loose. delay and vacillation are fatal to the right which ..... be silent and continue to treat the property as his own, he will be held to have waived the objection, and will be conclusively bound by the contract, as if the mistake or fraud had not occurred. a holder of the legal title to real estate who has no equitable interest therein, cannot, by ..... northern district of illinois syllabus grymes v. sanders, 93 u. s. 55 , affirmed and applied to the point that where a party desires to rescind a contract upon the ground of mistake or fraud, he must, upon discovery of the facts, at once announce his purpose and adhere to it, and that if he ..... circumstances justifying such repudiation, and he also must have repudiated it in toto. the settlement was a new contract between him and clapp, and the law is clear that he cannot take the benefits of that contract and repudiate its burdens. the rule is thus stated by this court in the case of grymes v. .....

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Oct 28 1891 (FN)

Fowler Vs. Equitable Trust Co.

Court : US Supreme Court

Decided on : Oct-28-1891

..... borrower pays on account of the loan must go as credit on the principal sum; otherwise, the usurer would get the benefit of his illegal contract, and the statute be rendered inoperative. the court below proceeded upon the ground that the trust company was entitled to a judgment for the amount ..... usurious. the result is that the recovery must be limited to the principal sum due the company. the statute declares, in respect to an usurious contract, that the lender shall only recover the principal sum due -- in other words, that judgment shall be rendered only for that sum. page 141 u ..... relation to the rate of interest," this provision of former acts was reenacted and preserved: "when any bond, bill, draft, acceptance, mortgage, or other contract shall have been or shall be made in this state, or between citizens of this state, or a citizen of this state and any other state, ..... upon the statute of new york, in force when the debt was created, providing that all bonds, bills, notes, assurances, conveyances, and all other contracts or securities whatsoever whereupon or whereby there shall be reserved or taken, or secured, or agreed to be reserved or taken, any greater sum or greater ..... , although the company was not informed, in the particular case, that the agent exacted and received commissions from the borrower. in illinois, when the contract of loan is usurious, the lender, suing the borrower for the balance due, can only recover the principal sum, diminished by applying as credits thereon .....

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Oct 26 1891 (FN)

Hickman Vs. Fort Scott

Court : US Supreme Court

Decided on : Oct-26-1891

..... tried by the court without a jury. one of the issues was whether the suit was barred by the kansas statute of limitations, declaring that an action on an agreement, contract, or promise in writing could be brought within five years after the cause of action accrued, and not afterwards, but providing that "in any case founded on ..... contract, when any part of the principal or interest shall have been paid, or an acknowledgment of an existing liability, debt, or claim, or any promise to pay the same, shall .....

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May 25 1891 (FN)

insurance Co. Vs. Hibernia Ins. Co.

Court : US Supreme Court

Decided on : May-25-1891

..... says "after an insurance has been made, the insurer may have the entire sum he hath insured, reassured to him by some other insurer. the object of this is indemnity against his own act." 3 kent com. 279. see also phoenix ins. co. v. erie transportation co., 117 u. s. 312 , 117 u. s. ..... applied to this policy, in which no excess is expressed. all the reinsurances under policy no. 268 therefore were in accordance with the terms of the contract, and the allegations of fraud are wholly unsupported by the evidence. all the claims of the hibernia insurance company, sustained by the decree below, relate ..... any risk, until the risk had been stated by that company to platt, and by him accepted in behalf of the hibernia insurance company. the contract between the two insurance companies was made in philadelphia. the evidence introduced by the hibernia insurance company to prove a usage not to reinsure to the ..... to voyages and amounts to taken by the hibernia insurance company. there is no evidence whatever that the insurance company of north america authorized him to contract or to represent in its behalf that the reinsurance should only be in excess of its usual line. nor is there anything in his letter ..... 1889 decided may 25, 1891 140 u.s. 565 appeal from the circuit court of the united states for the eastern district of louisiana syllabus a contract of reinsurance to the whole extent of the original insurer's liability is valid in the absence of usage or stipulation to the contrary. an open .....

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May 25 1891 (FN)

Albright Vs. Oyster

Court : US Supreme Court

Decided on : May-25-1891

..... cannot now be prosecuted. it will be observed that we have not seen fit to determine the legal effect of the will of abraham oyster or the modifying contract of march 3, 1868. we have proceeded, rather, on the real intention of the parties, as manifested by that agreement and the subsequent oral agreements ..... have in the final administration of the trusts which were found to have devolved on the defendant george oyster by the deed from simon k. and the aforesaid contract of march 3, 1868, modifying the will of abraham oyster, deceased. the opinion of the court, delivered by judge treat, is found in 22 f. ..... prices therefor should be treated as assets of the estate, to be disposed of by the administrator in the proper execution of the will and the modifying contract. the answer then averred that at the sale property to the value of $4,920 was sold to strangers, and the remainder of it was bid ..... very careful examination," and, without determining the legal effect of the will or the contract, and proceeding on the real intention of the parties, which were fair to all interested, and have been acted upon and acquiesced in by everyone concerned for ..... of the united states for the eastern district of missouri syllabus this suit is brought to determine the legal effect of a will, and of a modifying contract in regard to it made by those interested. as "the whole question in the case is one of fact," the court has "given the evidence a .....

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May 25 1891 (FN)

New Orleans Vs. Louisiana Constr. Co.

Court : US Supreme Court

Decided on : May-25-1891

..... the levee may be enforced by the wharfinger, and that the city may extend existing streets, or open new ones, notwithstanding any privileges granted by this contract. taking all the provisions of the lease together, we are of opinion that it in no way affected the character of the spaces in question as locus ..... the ordinance and of the lease was to secure the necessary shelter for the sugar and molasses so brought and landed. the various stipulations of the contract, including the grant to the lessee of the exclusive use of the sheds and of the spaces under them and the exclusive privilege of receiving and ..... city one-tenth of the gross amount of such charges, and to give security in the sum of $50,000 for the faithful performance of the contract. it is further provided that the wharfinger shall have the right at any time when the levee is encumbered to enforce the now existing regulations, and ..... august 14, 1869, withdraw said space from the public use as being no longer necessary for the public." "it is to be observed that the said contract gives to the grantee or lessee 'the exclusive right of using the public spaces,' and gives to him 'undisturbed possession of said public spaces and the ..... that in 1869, the city of new orleans leased said spaces for the term of twenty-five years under ordinances of the city council and the contract with the lessee that he should erect over said spaces sugar sheds for the accommodation and protection of the aforesaid sugar and molasses landed from said .....

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May 11 1891 (FN)

Woodward Vs. Jewell

Court : US Supreme Court

Decided on : May-11-1891

..... 1969, 1970, 1971." appellants contend that, according to these sections, the title passed to them, and that therefore the title being in them, the contract was, for the reasons above given, insufficient to authorize a sale by jewell. but these sections are in an article entitled "sales to secure debts," ..... enough of the products of his mill to cover, as he thought, the money he had received. as against this, appellants urge that this contract was invalid as an authority to convey, because not executed before two witnesses, and in support of this two sections of the code of georgia are ..... equity of redemption, for that he had without the stipulation, and it cannot be supposed that a provision meaning nothing was deliberately inserted in the contract. further, the provision that the proceeds should be applied to the credit of the appellants makes it clear that they intended to give him power ..... hurt place," and another of about 750 acres, a part of the myrick homestead tract. at the time of the execution of these mortgages, a contract was entered into between the appellants and jewell by which the appellants agreed to hold the securities for three years, and also, among other things, ..... the southern district of georgia syllabus the amount involved in this case, when interest is properly computed, is sufficient to give the court jurisdiction. a contract by a mortgagee, made on receiving the mortgage, that he will hold the securities, and that the mortgagor may "sell the property named in .....

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May 11 1891 (FN)

Marsh Vs. Nichols, Shepard and Co.

Court : US Supreme Court

Decided on : May-11-1891

..... by the plaintiff was convincingly established by the evidence, and that the suit, not being brought to determine any question arising under the patent laws, but merely to enforce a contract to transfer an inventor's right, was not one in which the courts of the united states had particular jurisdiction; that the bill filed in the united states circuit court ..... and maliciously representing that complainant is violating rights secured to them by patent right and from falsely and maliciously representing that complainant did not in good faith enter into a contract with said marsh by which it became entitled to employ said device on all engines thereafter manufactured by it, even though said marsh should procure a patent and become entitled ..... 1880, he (marsh) applied to the treasurer of said company, and exhibited to him this device; that marsh was desirous of introducing his device, and that after some negotiations, a contract was made whereby the complainant, for certain outlays of labor and money and other consideration, was, if the device proved successful in actual use, thereafter to have the right to ..... circuit court of calhoun county, state of michigan syllabus a bill in equity in a state court, with jurisdiction over the parties, brought to enforce the specific performance of a contract whereby an inventor who, having taken out letters patent for his invention, agreed to transfer an interest therein to the plaintiff, and proceedings thereunder involving no question arising under the .....

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May 11 1891 (FN)

Rogers Vs. Durant

Court : US Supreme Court

Decided on : May-11-1891

..... to the former; but it is difficult to perceive why checks should be classified with bonds, judgments, and promissory notes, rather than with bills of exchange, or why the simple contract or evidence of indebtedness in writing, of the first section should necessarily be regarded as of higher dignity than a draft or an order for money. page 140 u. s ..... bar to actions "upon accounts, bills of exchange, orders, or upon promises not in writing, express or implied," but within the first section, which as to "any promissory note, simple contract in writing, bond, judgment, or other evidence of indebtedness in writing," prescribed sixteen years. in the view which we take, the demurrer, which was general, was properly overruled if the ..... , 1849, laws ill.2d sess. 1849, p. 44; gross' ill.stat. 1870, 3d ed., p. 430, 17, 18, provided: "sec. 1. that all actions founded upon any promissory note, simple contract in writing, bond, judgment, or other evidence of indebtedness in writing, made, caused, or entered into after the passage of this act, shall be commenced within sixteen years after the .....

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