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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1928 Page 1 of about 27 results (0.082 seconds)

May 14 1928 (FN)

Jenkins Vs. National Surety Co.

Court : US Supreme Court

Decided on : May-14-1928

..... against the insolvent bank until he had been paid in full, and in no way involved the national surety company's present separate claim on its contract of indemnity, and that the plea of res judicata was consequently ineffective. but, as the certiorari was granted to review the other branch of the case, ..... the right now asserted by the respondent arises not from subrogation to the rights of the treasurer, but upon its independent agreement with the bank for indemnity. the bank's undertaking was to indemnify respondent for liability which it might "sustain or incur" by reason of its having given its surety bond, ..... on demand. the deposits at the time of the insolvency exceeded the amount of the bond. the district court directed that dividends on the claim for indemnity be postponed until the county treasurer should have been repaid the full balance of his deposit. the circuit court of appeals for the eighth circuit reversed ..... . the respondent national surety company brought this action against the receiver to compel the allowance of and payment of dividends on its claim upon an indemnity agreement executed by the bank. the agreement was contained in the bank's application for a bond by which the bank as principal and the respondent ..... rights and liabilities or sureties and in the distribution of insolvents' estates, they likewise forbid the surety to secure by independent contract with the debtor indemnity at the expense of the creditor whose claim he has undertaken to secure. reversed. .....

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Nov 19 1928 (FN)

Boston Sand and Gravel Co. Vs. United States

Court : US Supreme Court

Decided on : Nov-19-1928

..... damage for the purpose of full indemnity to the injured party." 1 sutherland on damages (4th ed.) 300, p. 939. in wilson v. city of troy, 135 n.y. 96, the new ..... district court." in united states v. north carolina, 136 u. s. 211 , 136 u. s. 216 , this court said: "interest, when not stipulated for by contract, or authorized by statute, is allowed by the courts as damages for the detention of money or of property, or of compensation, to which the plaintiff is entitled. . . ..... the damages" as matter of law, said (pp. 104-105): "the reason given for the rule is that interest is as necessary a part of a complete indemnity to the owner of the property as the value itself, and, in fixing the damages, is not any more in the discretion of the jury than the value. ..... is no part of the damages. but, very clearly, i think, the settled rule is to the contrary. when the obligation to pay interest arises upon contract, it is recoverable thereon as damages for failure to perform, "and, when recoverable in tort, it is chargeable on general principles as an additional element of ..... are of opinion that they were. we start with the rule that the united states is not liable to interest except where it assumes the liability by contract or by the express words of a statute, or must pay it as part of the just compensation required by the constitution. seaboard air line ry. .....

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Nov 26 1928 (FN)

Pacific Steamship Co. Vs. Peterson

Court : US Supreme Court

Decided on : Nov-26-1928

..... the new rule for injuries caused by negligence is, however, an alternative of the right to recover indemnity under the old rules on the ground that the injuries were occasioned by unseaworthiness, and it is between these two inconsistent remedies for an injury ..... the right under the new rule to recover compensatory damages for injuries caused by negligence and the right under the old rules to recover indemnity for injuries occasioned by unseaworthiness, and that no election is required between the right to recover compensatory damages for a tortious injury under the ..... cure and wages, implied in law as a contractual obligation arising out of the nature of the employment, is independent of the right to indemnity or compensatory damages for an injury caused by negligence, and these two rights are consistent and cumulative. the right to recover compensatory damages under ..... or owners for injuries by their unlawful or negligent acts." thus, it has been held that claims for maintenance, cure, and wages, and for indemnity for injuries occasioned by unseaworthiness, may be demanded and recovered in the same proceeding, roebling's sons co. v. erickson, 261 f. 986, ..... mr. justice story said that a claim for the expenses of curing a seaman incase of sickness "constitutes, in contemplation of law, a part of the contract for wages, and is a material ingredient in the compensation for the labour and services of the seamen." and in the a. heaton, 43 f. .....

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Oct 15 1928 (FN)

Foster-fountaIn Packing Co. Vs. Haydel

Court : US Supreme Court

Decided on : Oct-15-1928

..... and packs shrimp in its plant at biloxi in that state. its product is shipped and sold in interstate commerce. the foster company and the sea food company have a contract by which the former agrees to catch in louisiana waters and deliver to the latter in biloxi a carload of raw shrimp per month during specified periods. the supply page .....

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Jun 04 1928 (FN)

Hemphill Vs. Orloff

Court : US Supreme Court

Decided on : Jun-04-1928

..... law. the judgment of the court below must be affirmed. * "no recourse shall at any time be had under or upon any note, bond, contract, instrument, certificate, undertaking, obligation, covenant, or agreement issued or executed by the trustees under or pursuant to the terms of this agreement or in ..... , could lawfully exercise in another state, and whether the purchase of the bill of exchange on which this suit is brought was a valid contract, and obligatory on the parties." obviously the trust here involved is a creature of local law which demands the privilege of carrying on business ..... be regarded as a corporation within intendment of the michigan statutes which could not lawfully carry on local business within the state or make valid contracts in connection therewith without having complied with prescribed requirements. there was no attempt to comply therewith. plaintiff in error insists that, as construed ..... place of business. . . ." "sec. 6. an association may be sued in an action at law for debts and other obligations or liabilities contracted or incurred by the trustees, or by the duly authorized agents of such trustees, or by any duly authorized officer of the association, in the ..... shall not operate to annul the trust or to revoke any existing agency created pursuant to the terms of this instrument." "every note, bond, contract, instrument, certificate, share, or undertaking and every other act or thing whatsoever executed or done by the trustees or any of them in connection .....

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Jun 04 1928 (FN)

Kinney-coastal Oil Co. Vs. Kieffer

Court : US Supreme Court

Decided on : Jun-04-1928

..... . after their operations were thus under way, kieffer platted as a townsite the 40 acres where they were operating, and began page 277 u. s. 506 actively to sell and contract to sell the lots as platted, and the purchasers began to erect buildings thereon for residential and business purposes. kieffer was also contemplating taking like action as to the other ..... producing well and that the company was intending to proceed with further drilling and operations under the lease, kieffer began selling and contracting to sell lots in the townsite and encouraging purchasers to build thereon. several lots were sold or contracted to be sold, and the purchasers began hastily to place buildings thereon for residential and business purposes. page 277 u. s .....

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May 28 1928 (FN)

Quaker City Cab Co. Vs. Commonwealth

Court : US Supreme Court

Decided on : May-28-1928

quaker city cab co. v. commonwealth - 277 u.s. 389 (1928) u.s. supreme court quaker city cab co. v. commonwealth, 277 u.s. 389 (1928) quaker city cab co. v. commonwealth of pennsylvania no. 139 argued april 20, 1928 decided may 28, 1928 277 u.s. 389 error to the supreme court of pennsylvania syllabus a law of pennsylvania (pa. l. 1889, 420, 431; pa.st., 1920, 20,388) provides that a tax be laid on the gross receipts derived by foreign or domestic corporations from their operation of taxicabs in intrastate transportation of passengers, but does not tax the like receipts of individuals and partnerships in the same kind of business. held: 1. the equal protection clause of the fourteenth amendment extends to foreign corporations within the jurisdiction of the state, and page 277 u. s. 390 safeguards to them protection of laws applied equally to all in the same situation. p. 277 u. s. 400 . 2. the equal protection clause does not detract from the right of the state justly to exert its taxing power or prevent it from adjusting its legislation to differences in situation or forbid classification in that connection, but it does require that the classification be not arbitrary, but based on a real and substantial difference having a reasonable relation to the subject of the particular legislation. id. 3. the right to withhold from a foreign corporation permission to do local business therein does not enable the state to require such a corporation to surrender the protection of the .....

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May 21 1928 (FN)

The Malcolm Baxter, Jr.

Court : US Supreme Court

Decided on : May-21-1928

..... 715, 732; the turret crown, 282 f. 354, 360. there is no finding, nor is it suggested, that at the time when the contract of affreightment was entered into, or when the vessel broke ground, that the embargo could reasonably have been foreseen, or that there were any special circumstances ..... embargo alone, petitioners may not recover, both because it was within the exception of the bill of lading and because, while it continued, performance of the contract of affreightment would have been illegal. see allanwilde corp. v. vacuum oil co., supra, 385; carver, carriage by sea (7th ed.) 237, ..... bill of lading. this rule we adopt as most consonant with the reason and consequences of the rule that a voluntary deviation displaces the contract of affreightment. it follows that the clauses of the bill of lading remain effective, and that petitioner may not recover the freight money. ..... of the owner in failing to discover the unseaworthiness and to make the vessel seaworthy before sailing. unseaworthiness alone, or deviation caused by it, displaces the contract of affreightment only insofar as damage is caused by the unseaworthiness. the caledonia, 157 u. s. 124 ; the europa, [1908] p. 84; ..... the vessel in the district court for southern new york to recover freight money, damages to cargo, and damages for failure to perform the contract voyage from new orleans to bordeaux. respondent, as owner, filed a petition for exoneration and limitation of liability and enjoined further proceedings on the .....

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May 14 1928 (FN)

King Manufacturing Co. Vs. Augusta

Court : US Supreme Court

Decided on : May-14-1928

..... ( see millers v. augusta, 63 ga. 722), but that question is not in this case. the plaintiff's objection is confined to the asserted impairment of a prior contract. judgment affirmed. * followed in sprout v. south bend and nectow v. cambridge, decided this day, post, pp. 277 u. s. 163 , 277 u. s ..... are not now concerned. it is said that the act of february 13, 1925, which amended the jurisdictional provision, was enacted with the purpose of contracting the obligatory jurisdiction of this court. we recognize that there was such a purpose, and that effect should be given to it. but the act dealt ..... the first case in which the phrase "a statute of any state" in the jurisdictional provision was considered and construed. there, a debt arising on contract and owing by a citizen of virginia to citizens of pennsylvania had been sequestrated during the civil war under an enactment of the confederate states, and collected ..... case also involved a municipal page 277 u. s. 107 ordinance which the state court had upheld against the contention that it was in conflict with the contract clause of the constitution. this court took jurisdiction, p. 93 u. s. 121 , on the grounds (a) that the validity of an authority ..... execution various enumerated powers, art. i, 8, cl. 18; that no stated "shall pass" any " ex post facto law, or law impairing the obligation of contracts," art. i, 10, cl. 1; that no state "shall make or enforce any law" abridging the privileges or immunities of citizens of the united states, .....

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May 14 1928 (FN)

Compania de Navegacion Vs. Fireman's Fund Ins. Co.

Court : US Supreme Court

Decided on : May-14-1928

..... comfortably, safely, and easily, while the other would toss and pound furiously, strain her timbers, lose the caulking of her butts and seams, and so contract the comparative calm for one to the comparative fury for the other. the oral testimony, however, makes such speculation and refinement unnecessary, since it convincingly shows ..... these are neglected and disaster occurs, the towing boat must be visited with the consequences." in view of this state of the law, the towing contract here shown was not a fact material to the risk a concealment of which from the underwriters would injure them or avoid the policy. the second ..... , transferred or lost, which would, on acceptance of abandonment, or payment of loss by this company, belong to this company but for such agreement, contract or act, shall render this policy null and void as to the amount of any such loss or damage, but the company's right to retain or ..... or damage to the wash gray. " all the policies had attached to them by rider and rubber stamp a clause like the following: "any agreement, contract or act, past or future, positive or implied, by the insured whereby any right of recovery of the insured against any vessel, person, or corporation is ..... the tow would be subrogated to the claim of her owner. id. 3. the meaning of the terms "seaworthiness" and "perils of the sea" applied to contracts of marine insurance, varies with the circumstances and the exceptional features of the risk known to both parties. pp. 277 u. s. 78 -81. 4. .....

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