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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Year: 1900 Page 2 of about 84 results (0.040 seconds)

Oct 18 1900 (PC)

Uthanganakath Avuthala Vs. Dayumma and anr.

Court : Chennai

Decided on : Oct-18-1900

Reported in : (1900)10MLJ349

..... the obligation arising under a covenant for title such as was in question in the case cited i.l.r. 21 m. 8. the obligation to pay arises from the contract between, vendor and purchaser, whereas the covenant for title is implied or expressed in the conveyance. the present case is therefore distinguishable from i.l.r. 21 m. s. in ..... remedy to the benefit of the six years given by article 116 since the sale-deed was a registered instrument. article 116 pre-supposes a contract in writing registered which contract has been broken. here there was no contract in writing so far as regards the payment of the purchase money. on the contrary the registered document states that the money has been .....

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Oct 18 1900 (PC)

Avuthala Vs. Dayumma and anr.

Court : Chennai

Decided on : Oct-18-1900

Reported in : (1901)ILR24Mad233

..... a covenant for title such as was in question in the case cited (krishnan nambiar v. kannan i.l.r. 21 mad. 8. the obligation to pay arises from the contract--between vendor and purchaser, whereas the covenant for title is implied or expressed in the conveyance. the present case is therefore distinguishable from krishnan nambiar v. kannan i.l.r ..... , to the benefit of the six years given by article 116, since the sale-deed was a registered instrument. article 116 pre-supposes a contract in writing registered which contract has bean broken. here there was no contract in writing so far as regards the payment of the purchase money. on the contrary the registered document states that the money has been paid .....

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Oct 16 1900 (FN)

Saxlehner Vs. Eisner and Mendelson Co.

Court : US Supreme Court

Decided on : Oct-16-1900

..... that plaintiff is estopped by their act in further asserting title to them. this defense presupposes that the apollinaris company had power to bind saxlehner by its admission and contract. certainly the contract gave it no such power in express terms. saxlehner did not purport to make page 179 u. s. 34 the company his agent. he agreed to sell the ..... the american market. a narrow strip on the top of the label was added, containing the imprint of the apollinaris company as importers, and from 1876, the date of the contract, until 1886, the business was carried on by the apollinaris company in this country without any important competitors. in 1886, however, mattoni & wille began to consign "hunyadi matyas" bitter ..... 1877, they began selling these waters in hungary, claiming certain specific differences of composition of the various waters which recommended them for different purposes. in february, 1876, saxlehner made a contract with the apollinaris company, limited, of london, by which that company agreed to purchase a certain quantity yearly, and saxlehner bound himself for a term, which finally expired in 1896 ..... with the labels and capsules affixed thereto as before stated, with the knowledge, consent, and acquiescence of saxlehner and his agents; that defendant, a pennsylvania corporation, entered into a contract with the owners of the "hunyadi matyas" spring, and obtained the exclusive right to import their waters into the united states for the term of twenty-five years; that in .....

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Oct 16 1900 (PC)

The Municipal Council Vs. the Standard Life Assurance Company

Court : Chennai

Decided on : Oct-16-1900

Reported in : (1901)ILR24Mad205

..... in this, there was an agent employed to canvas and take orders for another person, with no power to make contracts. an attempt was made to distinguish the cases on the ground that according to section 4 of the indian contract act the acceptance of a proposal is not binding on the acceptor until he becomes aware of it. that rule of .....

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Oct 12 1900 (PC)

The Municipal Council Vs. the Standard Life Assurance Company

Court : Chennai

Decided on : Oct-12-1900

Reported in : (1900)10MLJ401

..... in this, there was an agent employed to canvass, and take orders for another person, with no power to make contracts. an attempt was made to distinguish the cases on the ground that according to section 4 of the indian contract act, the acceptance of a proposal is not binding on the acceptor until he becomes aware of it. that rule of .....

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Sep 11 1900 (PC)

Venkatalutchmi Ammal Vs. Srirungapatnam Srinivasamurthy

Court : Chennai

Decided on : Sep-11-1900

Reported in : (1901)11MLJ91

..... of the judgment is, to say the least, consistent with the existence of the opinion on the part of the judicial committee, that the making of the contract not being a part of the cause of action, the fact that it was made out of the jurisdiction wars immaterial, and did not preclude the court ..... considered the place where it was made to be a matter perfectly indifferent. the suit was not one for a breach of any term of the partnership contract, but rather as appears what in english pleading would be called an action on an account stated, the statement of such account having taken place within the ..... , the first of them.' the decision may rather, it seems to me, be treated as one involving this, that in such circumstances as there existed, the contract of partnership on the footing of which transactions were engaged in, was not a part of the cause of action, and that not being a part of the ..... performed is 'its seat and the place of jurisdiction. that place of expected performance may be determined by the circumstances of the case, and 'in a contract of partnership its main seat is the place at which 'each of the partners is be und to pay what may be due.with all respect for the ..... ' as used in the earlier county courts act and the common law-procedure act, 1852. the law, however, at any rate as regards actions founded on contract, is now well settled. the most recent english decision with reference to a cause of action arising within specified local limits is the decision of the court of .....

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Jun 19 1900 (PC)

Luchmi Koer Vs. Roghu Nath Das

Court : Kolkata

Decided on : Jun-19-1900

Reported in : (1900)ILR27Cal971

robertson, j.1. the question raised by this appeal is whether the appellant was the wife and is now the widow of raja ram das, who died on 27th november 1878. the suit was initiated by the appellant on 22nd november 1890 in the court of the subordinate judge of tirhut. the plaint and the written statement of the respondent, who, being heir of the deceased, appeared as defendant, involved other questions on which issue was joined; but these it is now unnecessary to rehearse. many witnesses were examined and many exhibits were filed. on 19th september 1892, the subordinate judge of tirhut found that the plaintiff was the lawfully married wife of raja ram das and is now his widow, and he pronounced a decree for maintenance at the rate of rs. 750 a month. an appeal having been taken to the high court of judicature at fort william in bengal, that court on 10th september 1895 set aside the subordinate judge's decree and dismissed the suit with costs. the present appeal is brought from that judgment of the high court.2. raja ram das was zemindar of jaintpore and a person of considerable wealth and position. he called himself mohant but he was not in fact a mohant. prior to the disputed period he was unmarried, but he was free to marry; he was greatly addicted to women, and he died, under thirty years of age, of diseases induced by his excesses. at the time of the alleged marriage, which was seven months before his death, he was suffering from those ailments.3. of the personal facts .....

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May 28 1900 (FN)

Chicago, M. and St. P. Ry. Co. Vs. Clark

Court : US Supreme Court

Decided on : May-28-1900

..... railway company, and the sum of $40,000 of the amount so due, as aforesaid, under said contract to the said heman clark, has been reserved and set aside by said railway company, as indemnity or security for the payment of said claims and of such other claims of the same class as ..... that under the facts proved in this case, the plaintiff is not legally liable to the defendant for any damages for failure to complete the contract within the contract time or the time agreed upon, for the reason that the plaintiff was prevented by the negligence of the defendant and its omission to procure ..... referred to, and herein valued at page 178 u. s. 360 $2,425. besides the above, the defendant has paid the $40,000 reserved as indemnity or security for the payment of claims against clark, and in addition thereto, upon like accounts, the sum of $521.75." "15. that at the time ..... adequacy of the consideration is not, in such cases, open to inquiry. the referee found: "that no other final settlement of the accounts under section aid contracts had been had between the plaintiff and the defendant at the time the said last-mentioned paper was signed and delivered. . . . that no account was ..... made by d. j. whittemore, chief engineer of the chicago, milwaukee & st. paul railway company, of all the work done and material furnished under the contract made between said railway company and heman clark, bearing date march 8, 1886, for the construction of the railroad from ottumwa, in iowa, to the missouri river .....

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May 28 1900 (FN)

Mutual Life Ins. Co. of New York Vs. Hill

Court : US Supreme Court

Decided on : May-28-1900

..... the insured and the company abandon the contract, but also the beneficiaries neglected and refused to do that which was essential to keep the policy in life. the allegation in the answer does not disclose a mere omission ..... the company, we should be compelled to enter into an examination of that question; but it is alleged, not only that the insured and the company agreed to abandon the contract, but also that the beneficiary, his wife, and the plaintiffs, their children, 'failed, neglected, and refused' to pay the premium. so we have a case in which, not only did ..... , and ever since, relying upon the said representations and conduct on the part of the said george dana hill, was thereby induced to, and did, declare the said policy and contract of insurance forfeited and abandoned, and, in good faith, relying upon said conduct and representations on the part of said george dana hill, this defendant was induced to, and did ..... , and diring the lifetime of the said george dana hill mentioned in the complaint, it was mutually agreed between the defendant and the said george dana hill, that the said contract of insurance should be waived, abandoned, and rescinded, and the said george dana hill and the defendant then, by mutual consent, waived. abandoned, and rescinded the same accordingly, and all .....

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May 28 1900 (FN)

Banholzer Vs. New York Life Ins. Co.

Court : US Supreme Court

Decided on : May-28-1900

..... shall declare forfeited or lapsed any policy hereafter issued or renewed, and not issued upon the payment of monthly or weekly premiums, or unless the same is a term insurance contract for one year or less, nor shall any such policy be forfeited or lapsed by reason of nonpayment when due of any premium, interest, or installment or any portion thereof ..... for me to enter into any discussion of the reasons for my opinion. the parties mutually agreed page 178 u. s. 407 that this should be deemed a new york contract and construed according to the laws of that state. the decisions of the highest court of that state as to the construction of such a ..... contract and of the statutes of new york must therefore be accepted as conclusive upon the parties. in conway v. phoenix insurance co., 140 n.y. 79, upon a state of .....

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