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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1895 Page 1 of about 60 results (0.073 seconds)

Oct 21 1895 (FN)

Mckee Vs. Latrobe

Court : US Supreme Court

Decided on : Oct-21-1895

..... any part of the money which they might receive from the choctaw nation in consideration of the performance by them of their contract; in other words, that it was a contract of indemnity, by which mckee undertook to save the choctaw nation harmless from any claim that should be made for services that had ..... therein could not take advantage of it. it was not needed to indemnify the choctaws, since no possible action could lie against them after the contract had been abandoned by black. it was evidently intended to satisfy any moral obligation for services which had been performed but not completed, and ..... in the foregoing language, delivered the opinion of the court. this is another one of the claims made under the trust expressed in the mckee contract, "to adjust the claims of all parties who have rendered service heretofore in the prosecution of said claim, upon the principle of equity and justice ..... in conjunction with cochrane, and that he subsequently agreed with cochrane that his compensation should be paid out of the percentage reserved to cochrane by his contract, and that he is reasonably entitled to receive $75,000, which had been page 159 u. s. 329 agreed upon between himself and mcpherson, ..... prepared, and with the use of the results of his professional skill and industry, secured the payment of the claim. that, if the mckee contract were held to be valid, then mckee was bound in equity and justice to pay to complainant a fair and just compensation for the services theretofore .....

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Mar 11 1895 (FN)

The Caledonia

Court : US Supreme Court

Decided on : Mar-11-1895

..... of the shipowner is to be exhausted by his having the ship seaworthy at an anterior period, the merchant would lose that complete indemnity, by means of the two contracts taken together, which it is the universal habit and practice of mercantile men to endeavor to secure." the reasons for the strict ..... circumstances, the road was bound to obtain additional engines, and use extraordinary efforts to send on the cattle trucks. but the court held that the contract entered into was to carry the cattle without delay, and in a reasonable time, under ordinary circumstances; that if a snow storm occurred which made ..... owned and employed by the claimants, henderson brothers, as common carriers. the plaintiff was a dealer in and exporter of cattle." "the terms of the contract between the parties were as expressed in the following memorandum of agreement, made before the shipment of the cattle, and in the following bill of lading, ..... to hold that he has not the benefit of a similar implication in a contract which he makes with a shipowner for the carriage of his goods, the consequence would be that he would lose that complete indemnity against risk and loss which it is the object and purpose to give him ..... by the two contracts taken together. holding as we now do the result is that the merchant, by his contract with the shipowner, having become entitled to have a .....

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Jan 07 1895 (FN)

Hooper Vs. California

Court : US Supreme Court

Decided on : Jan-07-1895

..... transaction of commerce. the policies are simply contracts of indemnity against loss by fire, entered into between the corporations and the assured for a consideration paid by the latter. these contracts are not articles of commerce in any proper meaning of the word. they are not subjects of trade and barter ..... , whether the business is to be carried on through officers or through ordinary agents of the company, and she has also the further right to prohibit a citizen from contracting within her jurisdiction with any foreign company which has not acquired the privilege of engaging in business therein, either in his own behalf or through an agent empowered to that ..... without power to prevent a corporation engaged in interstate commerce from entering that state and carrying on its business therein, and also pointed out the distinction between the making of contracts of insurance and interstate commerce, or the necessary instrumentalities thereof, as follows: "the case is entirely different from that of foreign corporations seeking to do a business which does ..... not concerned with any matter of distinction between marine and fire insurance, but proceeded upon a broad analysis of the nature of interstate commerce and of the relation which insurance contracts generally bear page 155 u. s. 654 thereto. thus, in paul v. virginia, the court, speaking through mr. justice field, said: "issuing a policy of insurance is not a .....

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Jun 03 1895 (FN)

Hilton Vs. Guyot

Court : US Supreme Court

Decided on : Jun-03-1895

..... cause of action. 11 east 118. in tarleton v. tarleton (1815), on the other hand, the action was brought upon a covenant of indemnity in an agreement for dissolution of a partnership to recover a sum which the page 159 u. s. 180 plaintiff had been compelled to pay ..... international law (3d ed., 1890) 350. a leading case was decided by the court of cassation on april 19, 1819, and was as follows: a contract of partnership was made between holker, a french merchant, and parker, a citizen of the united states. afterwards, and before the partnership accounts were settled, ..... keeper cowper saying: "although the plaintiff obtained a judgment or sentence in france, yet here the debt must be considered as a debt by simple contract. the plaintiff can maintain no action here but an indebitatus assumpsit or an insimul computassent, so that the statute of limitations is pleadable in this ..... to and did give in evidence statements not under oath relating to the merits of the controversies there pending, and falsely represented that a certain written contract made in 1873 between stewart & co. and fortin & co. concerning their dealings was not intended by the parties to be operative according to ..... french tribunal, without prejudice, however, to provisions to the contrary, contained in public laws and treaties." "[and by article 2128 of that code: 'contracts entered into in a foreign country cannot give a lien upon property in france if there are no provisions contrary to this principle in public laws .....

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Jan 07 1895 (FN)

In Re New York and Porto Rico Steamship Co.

Court : US Supreme Court

Decided on : Jan-07-1895

..... charterers are also liable, and bound to indemnify the claimants. yet the claimants, if defeated in this suit, when they sue the charterers for indemnity, may be again defeated through the difference in the proofs, and the libelants, if defeated here, may again sue the charterers. if the charterers admitted their obligation to indemnify the ..... claimants for the results of the present action, or if there were any express contract imposing this page 155 u. s. 530 obligation on them, the need of such an order as the present would be less, since notice to the charterers of the pendency ..... the ship, who have been obliged to interpose as claimants to prevent the sacrifice of their property, and the master, are under no personal responsibility. they are strangers to the contract sued on, and without any certain means of ascertaining the facts or producing the evidence of them. upon the case as thus far presented, if the ship is liable, the ..... the new york and porto rico steamship company, and not the contract of the shipowners. it was issued in virtue of authority conferred by the charter party, and the charter party was alleged in the petition to be the basis of the claim made by the shipowners to receive indemnity for any sum they might be compelled to pay by reason of .....

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Dec 16 1895 (FN)

Townsend Vs. Vanderwerker

Court : US Supreme Court

Decided on : Dec-16-1895

..... this event, he did not act with sufficient promptness. the only circumstance that occurred during the period of nine years from the time the contract was made which was calculated to excite his suspicion that she did not intend to carry out her alleged agreement was the execution of a ..... 1407; bostwick v. beach, 103 n.y. 414. in the case under consideration, mrs. marvin had but partially disabled herself from carrying out her contract with the plaintiff according to its original terms by encumbering the property with the trust deed in favor of white. under such circumstances, the plaintiff might have ..... plaintiff had sustained any damages. the american cases are also to the effect that where the defendant has only partially disabled himself from carrying out the contract, the plaintiff may be entitled to a specific performance so far as it can be enforced, and may receive compensation in damages for the deficiency ..... and it was very properly held that his only remedy was at law. but if the defendant has not wholly disabled himself from carrying out the contract, he may be decreed to perform specifically so much as he is still able to perform, and plaintiff may recover damages for the residue. thus ..... prosecution of a claim against the republic of mexico. it was held that the death of the owner of the fund did not dissolve the contract, but that the right to compensation constituted a lien upon the money when recovered, and that this was sufficient ground for jurisdiction in equity .....

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Dec 16 1895 (FN)

Lehigh Mining and Mfg. Co. Vs. Kelly

Court : US Supreme Court

Decided on : Dec-16-1895

..... . 353 & ohio railroad, 16 how. 327: "the necessities and conveniences of trade and business require that such numerous associates and stockholders should act by representation, and have the faculty of contracting, suing, and being sued in a factitious or collective name. . . . it is not reasonable that representatives of unknown and ever-changing associates should be permitted to allege the different citizenship ..... sale and conveyance to the plaintiff which was binding on both parties. . . . mcarthur's title was extinguished, and the consideration was received. the motives which induced him to make the contract, whether justifiable or censurable, can have no influence on its validity. they were such as had sufficient influence with himself, and he had a right to act upon them. a ..... action for his debt, nor mcarthur a suit for his land. his title to it was extinguished, and the consideration was received. the motives which induced him to make the contract, whether justifiable or censurable, can have no influence on its validity. they were such as had sufficient influence with himself, and he had a right to act upon them. a .....

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Dec 16 1895 (FN)

Ballew Vs. United States

Court : US Supreme Court

Decided on : Dec-16-1895

..... the first count is based reads as follows: "any agent or attorney or other person instrumental in prosecuting any claim for pension or bounty land who shall directly or indirectly contract for, demand, or receive, or retain any greater compensation for his services or instrumentality in prosecuting a claim for pension or bounty land than is herein provided, or for payment ..... to be the one intended by congress by the previous portion of the paragraph of the act of 1884, which not only makes it an offense to directly or indirectly contract for, demand, or receive, or retain, any greater compensation for services, or for instrumentality in prosecuting a pension claim than allowed by the act, but specifically inhibits the obtaining of .....

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Dec 02 1895 (FN)

Washington and Idaho R. Co. Vs. Osborn

Court : US Supreme Court

Decided on : Dec-02-1895

..... sell the same on speculation, but in good faith to appropriate the same to his own exclusive use, and that he has not directly nor indirectly made any agreement or contract in any way or manner with any person whatsoever by which the title which he may receive from the government shall inure in whole or in part to the benefit ..... the preference over others in purchasing; that is, the right to preempt it. the united states makes no promise to sell him the land, nor do they enter into any contract with him upon the subject. they simply say to him," "if you wish to settle upon a portion of the public lands and purchase the title, you can occupy any .....

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Nov 18 1895 (FN)

United States Vs. Union Pacific Ry. Co.

Court : US Supreme Court

Decided on : Nov-18-1895

..... corporations created by it or that had accepted the bounty of the government. it was never intended that the railroad companies accepting such bounty should be able, by any contract or arrangement with telegraph companies, to discharge themselves, for all time and beyond the authority of congress otherwise to provide, from the obligation to exercise, by their ..... a state, interfere with private rights, except for legitimate governmental purposes. they are not included within the constitutional prohibition which prevents states from passing laws impairing the obligation of contracts; but, equally with the states, they are prohibited from depriving persons or corporations of property without due process of law. they cannot legislate back to themselves, without making ..... pacific railway & telegraph company, a corporation of colorado. the present suit proceeds on the ground that the union pacific railway company is conducting its business under certain contracts and agreements with the western union telegraph company that are not only repugnant to the provisions of the above act of 1888, but are inconsistent with the rights of ..... the duty of all railroads and telegraph companies to report to the interstate commerce commission in relation to certain matters and to file with that body copies of all contracts and agreements of every description between it and every other person or corporation in reference to the ownership, possession, maintenance, control, use, or operation of any telegraph .....

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