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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Year: 1934 Page 1 of about 158 results (0.040 seconds)

Dec 03 1934 (FN)

irving Trust Co. Vs. A. W. Perry, Inc.

Court : US Supreme Court

Decided on : Dec-03-1934

..... petitioner's contention is that, inasmuch as claims for future rent, or for damages for the breach of the covenant to pay rent, or claims upon contracts of indemnity conditioned upon reentry by the landlord subsequent to bankruptcy, were there held not provable, it logically follows that a claim for stipulated damages for page 293 ..... a penalty, and was therefore enforceable. see wm. filene's sons co. v. weed, 245 u. s. 597 . we concur in the view that the contract, as its terms were interpreted and applied, supports a provable claim for the stipulated damages. the judgment of the circuit court of appeals is affirmed. [ footnote 1 ..... the filing of the petition. the claim is not for rent reserved or upon the lease as such, but is founded upon an independent express contract, and hence within the very words of 63(a)(4). the circuit court construed the stipulation as an agreement on the part of the tenant ..... for the balance of the term. 2. the claim is not for rent reserved or upon the lease as such, but is one founded upon an independent express contract, and is within the very word of 63(a)(4) of the bankruptcy act. manhattan properties, inc. v. irvin trust co., 291 u. s. 320 ..... u. s. 311 breach of the lease may not be proved. we hold otherwise. by the terms of the contract, the filing of the petition in bankruptcy .....

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May 08 1934 (PC)

Norwich Union Fire Insurance Society, Ltd. Vs. Wm.H. Price, Ltd.

Court : Privy Council

Decided on : May-08-1934

..... . the same distinction is developed by brett, lj., in 3 c. p. d. 467 (6): he points out that abandonment is part of every contract of indemnity, whereas notice of abandonment is peculiar to marine insurance, just as constructive total loss (as distinguished from actual total loss) is also peculiar. as an instance ..... that on general principles, mutual mistake will have the same effect in regard to the offer and acceptance of abandonment as in regard to any other contract. it is unnecessary to repeat what has been said earlier in this judgment as to the effect of mistake, but it seems to follow that just ..... mistake relied on should be of such a nature that it can be properly described as a mistake in respect of the underlying assumption of the contract or transaction or as being fundamental or basic. whether the mistake does satisfy this description may often be a matter of great difficulty. applying these ..... to contradict or overrule those established principles in 1932 ac 161 (4). it is true that in general the test of intention in the formation of contracts and the transfer of property is objective; that is intention is to be ascertained from what the parties said or did. but proof of mistake affirmatively ..... as vital as that in 2 h. l. 149 (3), in respect of which lord westbury at p. 170 used these words: "if parties contract under a mutual mistake and misapprehension as to their relative and respective rights, the result is that that agreement is liable to be set aside as having .....

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Apr 19 1934 (PC)

Madhavdas Jethabhai Vs. Sitaram Ramnarayan

Court : Mumbai

Decided on : Apr-19-1934

Reported in : AIR1934Bom402; (1934)36BOMLR941; 153Ind.Cas.959

..... such a case is to recover moneys paid under a mistake, or for moneys had and received, or for failure of consideration, and not a contract of indemnity, either express or implied. the third party notice, therefore, was clearly misconceived.18. in the result, therefore, the cross-objections must be allowed ..... conceded by mr. setalvad. it is further admitted that the present case does not come within section 124 of the indian contract act, and there is no express contract of indemnity between the parties. but mr. setalvad contends that this being a shah jog hundi, having regard to the usages applicable ..... in the circumstances, defendants no. 1, in my judgment, had no option except to defend the suit, and if they are entitled to indemnity, such indemnity must cover the costs properly incurred in so doing.3. the cross-objections of defendants no. 2 involve a more difficult question. the learned ..... based either on the money having been paid under a mistake of fact, or without consideration, and does not arise upon any implied covenant for indemnity. in my opinion, therefore, the proceedings on the third party notice were misconceived. the cross-objections must be allowed with costs, and the third ..... of the hundis, and judgment was given against both the defendants. defendants no. 1 issued a third party notice against defendants no. 2 claiming indemnity against loss suffered by them through 'payment of the hundis, and upon that notice mr. justice kania gave judgment for defendants no. 1, but .....

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Apr 09 1934 (FN)

Hartford Acc. and Indem. Co. Vs. Delta and Pine Land Co.

Court : US Supreme Court

Decided on : Apr-09-1934

..... , loss or injury of something in which the assured or other party has an interest, as an indemnity therefor, and it shall be unlawful for any company to make any contract of insurance upon, or concerning any property or interest or lives in this state, or with any ..... state supreme court said: "but clearly, under 5131, code 1930, defining insurance, this indemnity bond is a contract of insurance within the purview of that statute; and, further, it being expressly provided therein that all contracts of insurance on property, lives, or interests in this state shall be deemed to ..... of mississippi by delta & pine land company, a corporation of that state, with its principal place of business therein, against hartford accident & indemnity company, a corporation of connecticut, having its principal place of business in hartford in that state. the declaration alleges that, on or about january ..... company in an action on an indemnity bond. mr. justice roberts delivered the ..... contracts of the forum, regardless of the relative importance of the interests of the forum as contrasted with those created at the place of the contract, conflicts with the guaranties of the fourteenth amendment. p. 292 u. s. 150 . 169 miss. 196 reversed. appeal from a judgment sustaining a recovery from the indemnity .....

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Mar 05 1934 (FN)

Nebbia Vs. New York

Court : US Supreme Court

Decided on : Mar-05-1934

..... or legislature are correct, or otherwise. the court below refrained from expressing any opinion in that regard, notwithstanding its declaration "that legislative authority to abridge property rights and freedom of contract can be justified only by exceptional circumstances and, even then, by reasonable regulation only, and that legislative conclusions based on findings of fact are subject to judicial review." on the ..... in peace and war, under normal conditions or in emergencies; with cheerful submission to the rule of the supreme court that legislative authority to bridge property rights and freedom of contract can be justified only by exceptional circumstances and, even then, by reasonable regulation only, and that legislative conclusions based on findings of fact are subject to judicial review, we ..... denies due process. notwithstanding the admitted power to correct existing economic ills by appropriate regulation of business, even though an indirect result may be a restriction of the freedom of contract or a modification of charges for services or the price of commodities, the appellant urges that direct fixation of prices is a type of regulation absolutely forbidden. his position ..... sale of farm machinery, advance-rumely co. v. jackson, 287 u. s. 283 ; bonds for performance of building contracts, hartford accident & indemnity co. v. nelson mfg. co., 291 u. s. 352 . [ footnote 30 ] central lumber co. v. south dakota, 226 u. s. 157 . [ footnote 31 ] rast v. van deman & lewis co., 240 .....

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Feb 05 1934 (FN)

Manhattan Properties, Inc. Vs. Irving Trust Co.

Court : US Supreme Court

Decided on : Feb-05-1934

..... act of reentry, which must occur at a date subsequent to the filing of the petition. obviously this contract of indemnity is not breached by bankruptcy, and cannot be breached until the duty of indemnifying the landlord arises. that obligation cannot be complete until the expiration of the original term. there ..... a damage claim against the estate, this cannot be true as respects these independent covenants of indemnity. for here, the landlord does not rely upon the destruction of his contract by the bankruptcy; he initiates a new contract of indemnity by the affirmative step of reentry. and this new contract comes into being not by virtue of the bankruptcy proceeding, but by force of the ..... by the congress, but there is no evidence to support this view and it is inconsistent with the longstanding contrary judicial construction. it remains to consider the effect of the indemnity covenants in the leases. these do not provide for liquidation of damages ( compare wm. filene's sons co. v. weed, supra ), nor indeed for any right to damages for breach ..... can be no debt provable in bankruptcy arising out of a contract which becomes effective only at the claimant's option and after the inception of the proceedings, the fulfillment of .....

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Dec 20 1934 (PC)

Miss Moselle Solomon Vs. MartIn and Co.

Court : Kolkata

Decided on : Dec-20-1934

Reported in : 163Ind.Cas.331

..... he should do so. again, if an action were brought and judgment recovered against the agent, then the agent would have a right of action for indemnity against his principal, while if the principal was liable also to be sued he would be vexed with a double action. further, if actions could ..... remedy, or that it is in applicable where the plaintiff has another right of action, arising out of some other cause, such as one founded upon contract, expressor implied, still less where for some reason such contractual right cannot be enforced. on this point i regret to find that seem to be ..... in rem judicatum applies not only as between the plaintiff and the defendant or any persons who were joint contractors with the defendant in the contract sued on but applies also although the person ultimately sued had no relation to the person against whom the prior judgment was recovered and was not ..... against this decision, the second defendant has appealed, mainly upon the ground that section 70 does not apply, because the goods were supplied under an express contract. the plaintiffs have filed cross-objections, and seek to make the second defendant liable for the whole of the claim, but they have not served the ..... indian statute uninfluenced by considerations derived from the english law upon which it may be founded.10. under the terms of section 233 of the contract act read with section 230 of the act both the agent and the undisclosed principal are liable. the causes of action against them are clearly .....

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Oct 16 1934 (PC)

The Ocean Accident and Guarantee Corporation Co. Ltd. Vs. D.K. Patkar

Court : Mumbai

Decided on : Oct-16-1934

Reported in : AIR1935Bom236; (1935)37BOMLR304

..... there is a stipulation as in the policies here, the mere execution of a policy and its delivery to the assured will not make the contract a concluded contract. the plaintiffs say that even when there is such a stipulation or condition in a policy, if the policy recites that the premium was ..... incorporated herein.then the policy recites that the insured has paid to the corporation a sum of rupees, figures being mentioned, as premium for the indemnities undertaken, and goes on to state the period during which the policy was to be in force, and then witnesseth that the corporation will keep ..... policy remained with the insurers and no premium was in fact paid. upon these facts the court of appeal held that the policy constituted a complete contract of insurance and that by the recital therein the defendants had waived the condition for pre-payment of the premium, and therefore the risk under ..... latter suggest that it is gupta who is fighting this litigation.16. the substantial question, however, in the case is whether there was a concluded contract between the plaintiffs and the defendant. mr. rodrigues on behalf of the defendant has addressed before me a very careful argument relying upon certain authorities, ..... gupta and the defendant and the plaintiffs are not bound by it. gupta admits that he had no authority from the plaintiffs to enter into any contract of insurance on any terms. the point, however, is not now material. as to the rebate or commission of thirty-five per cent., there .....

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Apr 02 1934 (FN)

Aschenbrenner Vs. United States Fidelity and Guaranty Co.

Court : US Supreme Court

Decided on : Apr-02-1934

..... , they are at least persuasive that meanings which they do not embrace are not common. that the stipulation to be construed is one for double indemnity calls for no different conclusion. it has been page 292 u. s. 86 argued that such a provision contemplates a risk which is comparatively slight ..... new york, 250 mass. 250, 254, 145 n.e. 535; boyd v. royal indemnity co., 120 ohio st. 515, 517, 166 n.e. 580. the phraseology of contracts of insurance is that chosen by the insurer, and the contract in fixed form is tendered to the prospective policyholder, who is often without technical training and ..... the ground that the insured, at the time of the accident, was not a passenger on a common carrier within the meaning of the double indemnity provisions of the policy. a judgment entered upon a verdict for the petitioner for the double liability was reversed by the court of appeals for ..... a policy of accident insurance issued to her husband by respondent, brought this suit in the district court for northern california to recover under the double indemnity provisions of the policy. at the trial, liability was conceded for the single amount stipulated to be paid in the event of the insured's ..... their technical connotation, will be given the meaning that common speech imports. p. 292 u. s. 85 . 3. an accident policy provided for double indemnity if injury were sustained by insured "while a passenger in or on a public conveyance (including the platform, steps or running-board thereof) provided by a .....

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Mar 05 1934 (FN)

Globe Indemnity Co. Vs. United States

Court : US Supreme Court

Decided on : Mar-05-1934

..... 302 reversed. certiorari, 290 u.s. 618, to review a judgment which reversed a judgment for the globe indemnity company in an action against it as surety on a bond securing a construction contract with the united states. the bond was given under the heard act, and the plaintiff relied on its ..... may not be approved by the courts. see illinois surety co. v. united states to use of peeler, supra, 240 u. s. 221 ; consolidated indemnity & insurance co. v. w. a. smoot & co., supra, 57 f.2d 997. a different question would be presented if the department concerned declined ..... it recorded its findings. such a determination would be "final settlement" for purposes of the heard act if payment had preceded action by the comptroller general. consolidated indemnity & insurance co. v. w. a. smoot & co., supra. if, as respondent maintains, this determination may be supplanted by a subsequent settlement by ..... to make final administrative determinations in the executive departments any the less final settlements within the meaning of the heard act than they had been before. consolidated indemnity & insurance co. v. w. a. smoot & co., supra. page 291 u. s. 482 respondent does not directly challenge this conclusion. it ..... indemnity co. v. united states no. 419 argued february 13, 14, 1934 decided march 5, 1934 291 u.s. 476 certiorari to the circuit court of appeals for the third circuit syllabus the heard act, 40 u.s.c. 270, requires that, to secure the performance of a government construction contract .....

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