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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1902 Page 1 of about 74 results (0.115 seconds)

Jun 02 1902 (FN)

Hoffeld Vs. United States

Court : US Supreme Court

Decided on : Jun-02-1902

..... limited liability act, who, as above stated, takes the interest of the owner in the vessel and freight, but not his interest in a collateral contract of insurance. the contract evidenced by the statute is really a contract of indemnity, and provides, much like a policy of insurance, that, if the owner lose his property he shall recover what he paid for it. we ..... such interest under the law did not operate as an assignment of his insurance upon the vessel, which was a collateral contract, personal to the insured but not conferring upon him any interest in the property -- in other words, the contract of insurance does not attach itself to the thing insured or go with it when it is transferred. see cases cited ..... see no reason why the general rule above stated, that a contract of insurance does not accompany a transfer of the thing insured, does not apply to this statute. it .....

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Jan 13 1902 (FN)

Sun Printing and Publishing Ass'n Vs. Moore

Court : US Supreme Court

Decided on : Jan-13-1902

..... certain rules have been laid down as judicial aids." in irving v. manning, (1847) 1 h.l.cas. 287, it was recognized that a policy of assurance was a contract of indemnity, but it was declared that in a valued policy the agreed value was conclusive, and each party must be held to have conclusively admitted that the sum fixed by agreement ..... respecting the amount of damage. the last two of what were termed "artificial rules" on the subject of liquidated damages and penalties, recited in the opinion as being peculiar to contracts of this character, were as follows: "sixth. if, independently of the stipulated damages, the damages would be wholly uncertain and incapable of being ascertained except by conjecture, in such ..... for nonpayment of money, and i think i may say, in modern times, from nothing else." the doctrine of equity, as respects the withholding of or granting relief against a contract because of inadequacy of consideration, illustrates the conservative disposition of equity not to interfere unnecessarily declines to grant relief because of inadequacy of price or any other inequality in the ..... complainant's common law responsibility as bailee exempted him from liability for loss of the consigned goods arising from inevitable accident. a bailee may, however, enlarge his legal responsibility by contract, express or fairly implied, and render himself liable for the loss or destruction of the goods committed to his care-the bailment or compensation to be received therefor being a .....

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Jan 13 1902 (FN)

Southern Pacific R. Co. Bell

Court : US Supreme Court

Decided on : Jan-13-1902

..... by secretary lamar in the case of the atlantic & pacific railroad co., 6 l.d. 84, 87: "as to the lands within the indemnity limits, the contract was based upon two contingencies -- that of losing lands within the granted limits and being able to find sufficient to indemnify the company among the odd ..... company, 6 l.d. 84: "waiving all questions as to whether or not said granting act took from the secretary all authority to withdraw said indemnity limits from settlement, it is manifest that the said act gave no special authority or direction to the executive to withdraw said lands, and when such ..... , 7 l.d. 100. the opinion of secretary lamar indicated that some of his predecessors had assumed that the power to withdraw lands within the indemnity limits could be exercised upon a definite location of the railroad before the loss in the place limits had been ascertained, but treating it as an ..... to the date of the grant, and takes precedence of all titles subsequently acquired, except those specifically named. (2) that to lands within the indemnity limits the company takes no title until a deficiency in the place limits has been ascertained and the company has exercised its right of selection, with ..... main object of which has been to fix the time when the right of the roads to particular lands within both the place limits and the indemnity limits finally attaches as against both prior and subsequent settlers. although, at the last term of this court, the question involved in the case under .....

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Jan 06 1902 (FN)

Guarantee Co. Vs. Mechanics Bank

Court : US Supreme Court

Decided on : Jan-06-1902

..... that the bank was responsible for the representations of its cashier in the one instance and its president in the other in procuring these contracts of indemnity. the representations made in the declaration on which the cashier's bond was issued were clearly misrepresentations. the teller's bond required notification ..... just prior to schardt's death, he assigned to the bank some property of slight value and about eighty thousand dollars of life insurance as indemnity. from these collaterals the bank realized the sum of $46,448.86, and for the remainder of the default the company was held ..... terms of the instrument executed for the protection of the bank." but this rule cannot be availed of to refine away terms of a contract expressed with sufficient clearness to convey the plain meaning of the parties, and embodying requirements compliance with which is made the condition to liability ..... actually defrauded by the said employee, and that he suffers absolute and ultimate loss thereby to the full amount claimed hereunder, and that the contract created as aforesaid hath been fully performed and observed on the part of the said employer." "provided always, that this bond and guarantee ..... the employer has delivered to the company a certain statement, and it being agreed and understood that such statement constitutes an essential part of the contract hereinafter expressed;" "now, therefore, in consideration of the sum of one hundred dollars lawful money of the united states of america, to the .....

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Jun 02 1902 (FN)

Farmers' Loan and Trust Co. Vs. Penn Plate Glass Co.

Court : US Supreme Court

Decided on : Jun-02-1902

..... this mortgage, was of no materiality because, by its terms, the mortgagor was under no personal liability, and there was therefore no subject upon which indemnity could rest. if there is no contractual obligation arising from the terms of the mortgage and the taking of the deeds with an "under and subject ..... taken out by the mortgagor to the extent of the mortgagee's interest in the property destroyed, and that such equitable lien exists, although the contract provided that in case of the mortgagor's failure to procure and assign that insurance, the mortgagee might procure it at the mortgagor's expense ..... said funds or property have come into the hands of volunteers, or of others who may be affected with notice. there must therefore exist a contract by the party owning, either in praesenti or in expectancy, the property sought to be charged which directly or by necessary implication expresses the ..... impressed upon funds or property which, belonging to the promisor, were the very funds or property which constituted the subject matter of the contract, or to which the contract or promise related. it is essential, therefore, that the funds or other property which are to be charged with the lien should have ..... for the purpose of covering its own interest in the property, and the language of the policies covered such interest only. there was no contract in the policies covering the interest of the complainant as mortgagee, nor was the insurance, in fact effected for the purpose of carrying out .....

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Jan 06 1902 (FN)

Northern Assur. Co. Vs. Grand View Building Assn.

Court : US Supreme Court

Decided on : Jan-06-1902

..... regret that so great a loss, which the plaintiff and those under whom he claims intended to guard against by insurance, should happen entirely without indemnity. but it is to be remembered that the defendants gave abundant and page 183 u. s. 348 repeated notice to him, in writing ..... privilege or permission affecting the insurance under this policy exist or be claimed by the insured unless so written or attached." such being the contract, and the property insured having been destroyed by fire on june 1, 1898, and the insurance company having denied liability because informed that ..... county ins. co., 66 pa. 26, where justice sharswood said: "undoubtedly, if the company, after notice or knowledge of the overinsurance, treated the contract as subsisting by making and collecting assessments under it from the insured, they could not afterwards set up its forfeiture. it would be an estoppel, ..... illegalizes parol evidence under the conditions in question has been relaxed with respect to contracts for insurance. decisions of the utmost authority, both in england and in this country, propound this doctrine as applicable to policies in the clearest ..... a repeal of the principle, giving a controlling efficacy to written agreements. the memory and understanding of those present at the formation of the contract would be quite as potent as the written instrument." "i have not found that it is anywhere supposed that this general rule which .....

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Dec 22 1902 (FN)

Burt Vs. Union Central Life Ins. Co.

Court : US Supreme Court

Decided on : Dec-22-1902

..... that evidence and thus prevent a miscarriage of justice. as beneficiaries, it would be their interest to withhold their evidence, and thus let an innocent man be punished. can a contract be upheld which is not only a wager upon the result of criminal proceedings, but also tends to place before individuals an inducement to assist in bringing about such miscarriage ..... being all that even remotely, by suggestion or inference, can have any bearing. the question, therefore, is whether an ordinary life policy containing no applicable special provisions is a binding contract to insure against a legal execution for crime. the petitioners would distinguish between cases in which the insured is justly convicted and executed and those in which he is unjustly ..... a liquor saloon, or if the insured should die by self-destruction, whether sane or insane, within three years from date hereof, this policy shall be null and void." " * * * *" "the contract of insurance between the parties hereto is completely set forth in this policy and the application for the same." a demurrer to the petition was sustained and judgment entered for ..... do nothing to wrongfully accelerate the maturity of the policy. it is the policy of every state to uphold the dignity and integrity of its courts of justice, and as contracts insuring against miscarriage of justice would encourage litigation and bring reproach upon the state, its judiciary, and executive, they would be against public policy and void, and therefore an action .....

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Dec 08 1902 (FN)

Knights Templars Indem. Co. Vs. Jarman

Court : US Supreme Court

Decided on : Dec-08-1902

..... plaintiff judgment for the amount of the policy and assessments thereon. an agreed statement of facts shows defendant to be an illinois corporation, organized "for the purpose of furnishing life indemnity or pecuniary benefits to widows," etc., and that, on october 19, 1885, it issued to john p. jarman, plaintiff's husband, and a citizen of missouri, a policy of ..... unconstitutional. a second objection to the application of this statute is that, if the petitioner be right in his contention that, by the repeal of the suicide statute, the contract between the assured and the company relieving the latter from liability in case of suicide, became effective, the legislature could not thereafter, by reenacting the statute or attempting to subject ..... only the natural construction of the act, but to hold that the proviso applies to policies antecedently issued might open it to the imputation of impairing the obligation of contracts previously entered into between these companies and their insured, since these policies amounted to a special agreement on the part of the companies that they would be liable in ..... for the incorporation and regulation of associations, societies, or companies, doing a life or casualty insurance business on the assessment plan." the prior sections define what shall be deemed a contract of insurance upon the assessment plan, how the corporations are formed, what the policies should specify, giving general details with regard to the management of the business, and then .....

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Dec 08 1902 (FN)

iowa Life Ins. Co. Vs. Lewis

Court : US Supreme Court

Decided on : Dec-08-1902

..... any premium, but "the failure to pay at maturity any note, obligation, or indebtedness (other than the annual credit or loan) for premium or interest due under said policy or contract shall then and thereafter cause said policy to be void without notice to any party or parties interested therein." the court not only asserted the doctrine of strict punctuality of ..... means which they have reserved by their contract of compelling the parties insured to meet their engagements. the provision, therefore, for the release of the company from liability on a failure of the insured to pay the premiums ..... can neglect payment at maturity, and yet suffer no loss or forfeiture, premiums will not be punctually paid. the companies must have some efficient means of enforcing punctuality. hence their contracts usually provide for the forfeiture of the policy upon default of prompt payment of the premiums. if they are not allowed to enforce this forfeiture, they are deprived of the ..... jury but one question to determine -- the fixing of reasonable attorneys' fees for the prosecution of this suit." were the instructions correct? and first, as to what papers constituted the contract. the delivery of a policy of insurance and the payment of the premium are reciprocal or concurrent considerations. necessarily, therefore, the payment of the premium can be exacted simultaneously with .....

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Dec 01 1902 (FN)

Northern Central Railway Co. Vs. Maryland

Court : US Supreme Court

Decided on : Dec-01-1902

..... power, and on passing on such question, cannot hold that an act which by the very terms of the state constitution was made repealable, nevertheless engendered an irrepealable contract protected from impairment by the constitution of the united states. affirmed. * "an act to adjust and settle finally, by agreement, all pending controversies between the maryland ..... corporation is chartered, subject to a constitution which forbids the granting of an irrepealable right, such new corporation cannot become endowed by the effect of a legislative contract with an irrepealable right forbidden by the constitution. if one of the constituent elements of the corporation possessed, prior to the formation of the new corporation, such ..... , or that the said existing contracts, engagements, and liabilities shall be duly adopted and page 187 u. s. 260 assumed by the consolidated company except as herein expressly altered or rescinded; second, ..... conformably to such agreements and regulations, as the said several companies shall respectively determine and adopt, subject, nevertheless, to the following general provisions: first, that all existing contracts, engagements, and liabilities of the said baltimore & susquehanna railroad company shall continue to bind said company and its property as fully as before the consolidation herein above authorized .....

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