Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Year: 1880 Page 1 of about 54 results (0.039 seconds)

Apr 01 1880 (PC)

PepIn Vs. Chunder Seekur Mookerjee and anr.

Court : Kolkata

Decided on : Apr-01-1880

Reported in : (1880)ILR5Cal811

..... indemnify is to be implied. then by article 83 of the first division of the second schedule of the limitation act (xv of 1877), limitation in the case of a contract of indemnity runs from the date when the plaintiff is actually damnified. in the present case, therefore, limitation began to run when the administrator-general recovered against the plaintiff, and the ..... present is clearly pointed out by quain, j., in baxendale v. london, chatham, and dover railway co. (l.r., 10 ex., 35): 'if this were a contract of indemnity, where although there may be two contracts in form there is only one in substance, our decision might be in favour of the plaintiff. in such a case a surety, who is called upon ..... well be justified in defending an action at the principal's expense.'in the case of contracts of indemnity, the liability of the party indemnified to a third person is not only contemplated at the time of the indemnity, but is the very moving cause of that contract; and in cases of such a nature there is a series of authorities to the effect ..... proceedings are taken to enforce the contract against such third persons, and it turns out that the guarantor had no such authority, the costs are recoverable against him: collen v. wright (7 e. & b., 301; s.c. on appeal, section e. & b., 647), godwin v. francis (l.r., 5 c.p., 295). in cases of indemnity it has been so held in .....

Tag this Judgment!

1880

insurance Company Vs. Stinson

Court : US Supreme Court

Decided on : Jan-01-1880

..... an auction sale; that if a party has a valid and subsisting second security for a given amount, and he enters into a contract of indemnity against the destruction of that security, and a loss by fire occurs, both parties having full knowledge of the state of the property and ..... justice says: "that an equitable interest may be insured is admitted. we can perceive no reason which excludes an interest held under an executory contract. while the contract subsists, the person claiming under it has undoubtedly a substantial interest in the property. if it be destroyed, the loss in contemplation of law ..... paid and notice be given to him of a desire on the part of the insurers to be subrogated to his rights, with a tender of indemnity against expenses. we are aware that views somewhat differing from these have been held by respectable authority, but we think without any sound reason. see ..... insurance company v. woodruff, 2 dutch. (n.j.) 541. to impose such restrictions and obligations upon the creditor would be to add to the contract of insurance conditions never contemplated by the parties, making of it a mere shadow of security and increasing the avenues of escape from obligation to pay, already ..... the title when the contract is entered into, such insurance would cover that second security, although by the subsequent course of events the older and .....

Tag this Judgment!

Feb 03 1880 (PC)

The Bank of Bengal Vs. Mendes

Court : Kolkata

Decided on : Feb-03-1880

Reported in : (1880)ILR5Cal654

..... to section 179). in my opinion neither section 160 of the contract act, nor section 117 of the evidence act, affects the present suit.41. i think, therefore, the decree below must be reversed with costs on scale 2, and the defendant ..... i think he is bound to pay the debt.40. the case has been argued as if it were a case of bailor and bailee, and section 160 of the contract act has been relied on. but that section is not even included among the sections which relate to bailment of goods as security for payment of debts (see section 172 ..... just been said by my learned colleague, i quite agree that the defendant should be at liberty to use the bank's name, if he pleases, upon giving them an indemnity, and also that when he pays the sum due, he is entitled to a return of the securities other than the rs. 10,000 note. .....

Tag this Judgment!

1880

Brown Vs. Slee

Court : US Supreme Court

Decided on : Jan-01-1880

..... and save harmless the executors, heirs, and next of kin of said langdon of, from, and against any such claim, all the aforesaid agreements of indemnity to apply page 103 u. s. 830 not only to the liability growing out of the transactions of said firm, but also to any possible liability ..... one that could only be enforced as an incident to the settlement of the business, and a statement of the accounts between the partners. the contract between brown and the executors made such a settlement and such a statement of accounts unnecessary. brown took the place of the estate in the partnership ..... to obtain execution for what remained unsatisfied. among the assets of the firm was a debt against one john s. baldwin. this debt was originally contracted to langdon, but afterwards, at the request of langdon, the amount was transferred to the firm, baldwin being charged and langdon credited with it on ..... title thereof to be perfect and that they are free and clear of all encumbrances." "the executors further agree that upon the final performance of this contract they will surrender certain notes now held by the estate against t. e. brown, amounting to the sum of seventeen thousand dollars ($17,000), ..... , and appurtenances belonging thereto. in reference to the lands in iowa and arkansas, the purchaser hereby agrees that in five years from the date of this contract, he will, if the estate or its legal assigns so desire, purchase back the lands for twenty-five thousand ($25,000) dollars, paying that sum .....

Tag this Judgment!

1880

Railroad Company Vs. National Bank

Court : US Supreme Court

Decided on : Jan-01-1880

..... or forbearance or further credit, or the giving up of other collaterals, or the substitution of one collateral for another, or the promise to forego the means of obtaining other indemnity or security. few cases, it is presumed, arise where the interest of the debtor is not consulted; so that, if the rule should be confined to the cases falling within ..... of decision. responsive to that argument, mr. justice story remarked, among other things, that the question presented was a question of general commercial law, involving the construction of an insurance contract, which is by no means local in its character, or regulated by any local policy or customs; that the decisions of the state tribunals are entitled to great respect, but ..... matters immovable and intra territorial in their nature and character; that the court had never supposed that the section applied, or was designed to apply, to the construction of ordinary contracts or other written instruments, nor to questions of general commercial law. these views were enforced by many other illustrations, and the court decided -- every member of the court but ..... questions of a more general nature, not at all dependent upon local statutes or local usages of a fixed and permanent operation -- as, for example, to the construction of ordinary contracts or other written instruments, and especially to questions of general commercial law, where the state tribunals are called upon to perform the like functions as ourselves -- that is, to ascertain .....

Tag this Judgment!

Dec 03 1880 (PC)

Ramkishore Chuckerbutty and anr. Vs. Kallykanto Chuckerbutty

Court : Kolkata

Decided on : Dec-03-1880

Reported in : (1881)ILR6Cal479

..... which is embodied in the decree now sought to be executed, that the widow did not seek by her suit to recover any interest personal to herself, but that she contracted this judgment-debt in the effort to recover a portion of her husband's estate. it was only in her character as representative of that estate that she did, or ..... arrears of rent becoming due after his death, or for the bond which was given by the widow, it can only be upon the ground that the debts were necessarily contracted by the widow, or under such circumstances as to make the whole estate liable, and not merely the interest in it of the person who ..... contracted them.' and again: 'here the suits were against the widow only, she cannot be said to have been defending them as representing the reversioner, or as protecting his interest.'2. .....

Tag this Judgment!

Nov 23 1880 (PC)

Kameswar Pershad Vs. Bun Bahadur Singh

Court : Kolkata

Decided on : Nov-23-1880

Reported in : (1881)ILR6Cal843

..... claimed taken for a legal necessity ; and whether or not is the amount of debt repayable by the property left by the husband of the widow mussamut asmedh konwar, who contracted the debt.'2. the subordinate judge, who tried the case in the first instance, found wholly in favour of the plaintiff, and gave a decree for the amount sued for .....

Tag this Judgment!

Sep 15 1880 (PC)

Jugtanund Misser Vs. Nerghan Singh and anr.

Court : Kolkata

Decided on : Sep-15-1880

Reported in : (1881)ILR6Cal433

..... evidence of such oral agreement is admissible to show that the condition has not been performed, and consequently that the written contract has not become binding.3. this will be found exemplified and explained in the following cases:-davis v. jones (17 c. b., 625), bell v. lord ingestre (12 q. b ..... well established and understood in england, and treated of in section 1038 of mr. taylor's book on evidence. that rule is, that when, at the time of a written contract being entered into, it is orally agreed between the parties that the written agreement shall not be of any force or validity until some condition precedent has been performed, parol ..... ; and it seems clear to me that the true meaning of the words 'any obligation' in proviso 3 is any obligation whatever under the contract, and not, as is contended by the defendants, some particular obligation which the contract may contain.7. i think, therefore, that the parol evidence was inadmissible, and that, as the defence entirely rests upon it, the plaintiff .....

Tag this Judgment!

Aug 11 1880 (PC)

T. F. Brown and anr. Vs. G. M. Cutts and anr.

Court : Kolkata

Decided on : Aug-11-1880

Reported in : (1881)ILR6Cal328

..... very different price, from what he would take in the other ; and i, therefore, think that the additional terms do vary and are inconsistent with the principal contract.35. the case of morgan v. griffith (l. e. 6 exch., 70), which is referred to by my brother pontifex, seems to me entirely different ..... additional terms relied upon by the defendants are admissible under proviso 2, as being a 'separate oral agreement not inconsistent with the terms of the principal contract.'34. it seems to me, that an absolute sale of a property, such as the plaintiffs ask us to enforce against the defendants, is a ..... contained and explained in sections 816 to 819 ; and it will be found that they all relate to the reception of evidence for the purpose of invalidating contracts, by reason either of fraud, illegality, &c.;, in their inception, or of some subsequent failure of consideration.32. for this reason, as well as ..... it, falls within clouse (e) to that section. it is true that the words 'upon some stipulation on the plaintiff's part which adds to the contract, but which he refuses to fulfil,' are not (according to the ordinary untechnical meaning of the word stipulation) very apt words to express what was intended, ..... property, except--(a) claims in respect of mesne profits or arrears of rent in respect of the property claimed: (b) damages for breach of any contract under which the property or any part thereof is held; and (c) claims by a mortgagee to enforce any of his remedies under the mortgage.'6. .....

Tag this Judgment!

Jul 23 1880 (PC)

Buldeo Doss Vs. Howe

Court : Kolkata

Decided on : Jul-23-1880

Reported in : (1881)ILR6Cal64

..... been performed,' which, in my opinion, show, that it was intended to apply to cases where the property in the goods passed by the contract, as much as to contracts where the property did not pass. and section 39 contains similar words.6. if there had been any machinery for the purpose in the small ..... whether this was so or not, i do not see why section 55 should not apply; the plaintiff having the right, of course upon the rescission of the contract to receive back the small balance due to him from the defendants. i think, therefore, that the judgment of the court below should be confirmed, and that ..... provides, that if the buyer is not ready and willing to pay the' price at the time agreed upon, the seller has a right to rescind the contract, and to refuse to deliver the goods; and i consider that, upon the rescission, the property in the goods sold revested in the seller. it has ..... not apply to the present case.2. we are bound, i think, to determine questions of this kind, so far as we can, by reference to the contract act, and not to english law; and sections 51 to 58 appear to contain general provisions, which are applicable to all cases of reciprocal promises.3. in this ..... and the time for their delivery and for payment of the price had been postponed, the property in them had passed to the plaintiff (sections 78 of the contract act); and that, consequently, the defendants' only remedy was to resell them after notice to the buyer under section 107 of the same act. now, that section .....

Tag this Judgment!


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