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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Year: 1937 Page 1 of about 197 results (0.045 seconds)

Aug 02 1937 (PC)

Kishori Prosad Bhakat and ors. Vs. Secretary of State

Court : Kolkata

Decided on : Aug-02-1937

Reported in : AIR1938Cal151

..... court of appeal below in respect of defendant 2 appears to be right.3. the next point taken by the learned advocate is that the contract of indemnity made in this case was against public policy having a tendency to induce the telegraph authorities to give the advantage of a public utility service ..... constitutional rights with corresponding constitutional duties imposed on the state. for the discharge of those duties, the state cannot bargain with the subject through contract. a contract between the subject and the state by which the state is to get money from the subject for the discharge of any of its constitutional ..... extend their custom to the office make their promises that the office will pay, the authorities ask them to make good their word by executing an indemnity bond, that is to say in the event of losses those men will be asked to make good the loss. on a plain view of ..... be also protected from criminal attacks. the state is under the constitutional obligation to afford protection to the person and property of its subjects. any contract therefore by which the subject has to pay the state for the state affording him such protection is against public policy. the subject is not ..... by the plaintiff from the action of defendant 2 cannot be ascertained until action has been taken by the plaintiff against the other five persons who contracted with the plaintiff. in nay opinion that argument is not correct. the defendant, along with five other persons, signed a bond demanded by the .....

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May 24 1937 (FN)

Hartford Steam Boiler Inspection and Ins. Co. Vs. Harrison

Court : US Supreme Court

Decided on : May-24-1937

..... insurance companies from licensure is unconstitutional. section 1 of the act of 1935 [ footnote 1 ] prohibits licensed fire or casualty insurance companies from writing or issuing any policy or indemnity contract on any risk in the georgia except through a resident agent licensed by the insurance commissioner. the section requires the applicant for a license to be a bona fide resident ..... approved march 28, 1935. georgia laws, 1935, p. 140: "no licensed fire or casualty insurance company or company writing fidelity or surety bonds, shall write or issue any policy or indemnity contract on any risk in this state except through a resident agent licensed by the insurance commissioner: provided . . . the words 'resident agent' as used in this section are deemed to mean ..... is a well recognized difference between stock and mutual insurance companies in that, in the case of the former, the relationship between the company and its policyholders is one of contract merely, they dealing at arm's length, whereas, in the latter, the policyholders are the owners of the company, and constitute its membership. other well known differences between mutual ..... agents of stock companies should not work on a salary has no relation to economy or efficiency in management. the answer of the insurance commissioner states that all of the contracts of mutual fire and casualty insurance companies are "negotiated by salaried employees," and that this method of doing business page 301 u. s. 463 was adopted "in order .....

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Jan 04 1937 (FN)

Kuehner Vs. Irving Trust Co.

Court : US Supreme Court

Decided on : Jan-04-1937

..... 299 u. s. 453 if the bankruptcy act was to be broadened to embrace reorganization of corporate debtors, the wisdom of relieving them of continuing liability for rent or under contracts of indemnity was apparent. and if the landlords' claims were to be discharged in the reorganization, they must be admitted to participation on an equitable basis with other claims in shaping ..... trust co. v. irving trust company, [ footnote 2 ] that the broad definition of creditors in 77b gives the petitioners a provable claim for breach of the debtor's covenant of indemnity. the section, however, limits the amount for which such a claim may be allowed. the relevant provision, so far as applicable to petitioners' claim is: "the claim of a landlord ..... provided by the statute. committees representing preferred stockholders and debenture holders objected to allowance of the claim in any amount, asserting the petitioners could not sue on the covenant of indemnity under the state law until the expiration of the term and, having no presently enforceable claim under state law, had none in the reorganization proceeding. the petitioners amended their pleading ..... court of appeals for the second circuit syllabus 1. section 77b of the bankruptcy act provides that, in proceedings to reorganize a bankrupt corporation, the claim of a landlord for indemnity under a covenant contained in a lease which has been rejected by the trustee in bankruptcy "shall be treated as a claim ranking on a parity with debts which would .....

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Oct 05 1937 (PC)

British India General Insurance Co., Ltd. Vs. Janardan Vishwanath Naik

Court : Mumbai

Decided on : Oct-05-1937

Reported in : AIR1938Bom217; (1938)40BOMLR155

..... 2 k.b. 282. in that case the insured took out a motor policy which gave an indemnity against all sums, which the insured or any licensed personal friend or relative of the insured, while driving the car with the insured's general knowledge and consent ..... not appropriate to indian marriage contracts.6. in addition to the cases relied on by the learned district judge, mr. gokhale has cited williams v. baltic insurance association of london, ld. [1924] ..... . in khwaja muhammad khan v. husaini begam i.l.r. (1910) all. 410 : 12 born. l.r. 638. there was a marriage contract in which again the beneficiary was expressly named and the radio decidendi was that the strict rule in tweddle v. atkinson (1861) 1 b. & s. 393 was ..... 1870) 7 b.h.c.r. 144 which was a suit on a charterparty, the ratio decidendi was that though the plaintiffs; were not strictly parties to the contract they were not strangers to the consideration. in gandy v. gandy (1885) 30 ch.d. 57 there was an express trust under which the beneficiaries were named ..... 18, paragraph 879 : ' the person who has suffered the injury or damage for which the assured is liable is not a party or privy to the contract of insurance, and had not, either at common law or in equity, any right to the money payable under the policy which he could enforce directly against .....

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Mar 29 1937 (FN)

MartIn Vs. National Surety Co.

Court : US Supreme Court

Decided on : Mar-29-1937

..... liability is ended. the purpose of the statute "was not to dictate to the contractor what he should do with the money received on his contract after the contract had been performed." hobbs v. mclean, supra. a transfer of a warrant has need to be accompanied by safeguards lest the assignor may avoid ..... is argument to the contrary. according to that argument, the moneys were to be assigned in the event of default in the performance of the contract between the contractor and the government, and not upon the failure to pay persons other than the government who had claims against the contractor for materials ..... the grounds chosen, though narrower than those assigned below, may be expected to be helpful as a guide in other cases. the proceeds of the contract, when collected by martin under his power of attorney, were received by him with knowledge of the agreement between the contractor and the surety whereby such ..... was one of partnership. it placed its ruling upon the broad ground that, apart from any assignment or any statute, the proceeds of a building contract are chargeable in favor of materialmen with an equitable lien, which attaches upon collection, even if not before, and which cannot be overridden at the ..... assign the payments to the surety in the event of any breach or default in the contract, the proceeds to be credited upon any loss or damage. * there page 300 u. s. 591 was also a covenant of indemnity, and a covenant that, in the event of the filing of any liens, there would .....

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Mar 15 1937 (PC)

Chimanlal Purshottamdas Shah Vs. Nyamatrai Madhavlal

Court : Mumbai

Decided on : Mar-15-1937

Reported in : AIR1938Bom44; (1937)39BOMLR1083; 173Ind.Cas.205

..... the engagements which the plaintiff might enter into for him. the plaintiff accordingly entered into contracts on behalf of the defendant, upon which the plaintiff became personally liable; and he sued the defendant for indemnity against the liability incurred by him arid for commission as broker. it was held that ..... or an agent against his principal to recover his brokerage or commission in respect of transactions entered into by him as such or for indemnity of losses incurred by him in such transactions on behalf of his principal. it has accordingly been held that a broker or an ..... object is sometimes spoken of as ' gambling on the stock exchange'; but it certainly does not follow that the transactions involve any gaming1 contract. a contract cannot properly be so described merely because it is entered into in furtherance of a speculation. it is a legitimate commercial transaction to buy ..... strong presumption against the existence of a common intention to wager. the position, is well put in pollock and mulla's commentary on the indian contract act (6th edn.) at p. 236, in these terms:-this infrequently happens when agreements of a speculative character are entered into through the medium ..... in order to ascertain the real intention of the parties the court must look at all the surrounding circumstances and can even, go behind a written contract. but mere speculation is something quite different from a wager. speculation, as murray defines it, is the practice of buying and selling goods, .....

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Jan 13 1937 (PC)

Thakur Gopal Singh Vs. Mutual Indemnity and Finance Corporation (India ...

Court : Allahabad

Decided on : Jan-13-1937

Reported in : AIR1937All535

..... following recital : the assured has delivereda proposal in writing (which is hereby declared to be the basis of the contract, and is to be deemed as incorporated herein) for the indemnities hereinafter contained....9. after the preamble begins the operative portion of the policy which is in the following terms:now ..... subject to the terms and conditions contained in the schedule attached to the policy. on the other hand the operative clause stated that the indemnity would be in respect of any vehicle described in the schedule. thus a clear distinction was drawn between the terms and conditions inscribed ..... that date is not on the record. indar lal sah had taken this motor lorry on a hire purchase system from defendant 1, the mutual indemnity and finance corporation ltd. the corporation later on transferred this motor lorry to the present plaintiff, gopal singh, and on an application made to ..... the 'non claimant's bonus' comes the heading 'conditions', under which no less than eight different conditions are prescribed which are to govern this contract. they include a reference to arbitration. below these conditions there was the signature of the attorney of the insurance co. on the back appears the ..... on the strength of it they endorsed the policy to the plaintiff and the corporation on 14th march 1931. the terms and conditions of the contract are embodied in this insurance policy. it begins with the heading : 'commercial motor vehicle. (comprehensive policy)' and would prima facie apply to .....

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Jan 04 1937 (FN)

City Bank Farmers Trust Co. Vs. Irving Trust Co.

Court : US Supreme Court

Decided on : Jan-04-1937

..... subsequent to rejection of the lease. the provision is that the landlord's claim for injury resulting from rejection, or for damages, or for indemnity under a covenant, shall be limited to an amount not exceeding the rent reserved "for the three years next succeeding the date of surrender of ..... 7 ] the language which is italicized in the foregoing quotation from clause 10 can have no other meaning than that claims upon covenants for damages or indemnity arising out of the termination of a lease after initiation of proceedings under 77b are provable. the provision, however, creates no new claim. it merely ..... landlord for loss of future rent. these provisions vary in their terms, some requiring the rendition of indemnity as each installment page 299 u. s. 438 of rent falls due, others at the end of the term when the full difference between ..... lessor's reentry. under the old law, such termination did not give rise to a provable claim for future rent, or for damages, or for indemnity. not uncommonly, lease agreements, in addition to stipulation for termination of the leasehold upon the tenant's bankruptcy, provide that the bankrupt shall indemnify the ..... those for rent to accrue under a lease, or for damages or indemnity payable because of the termination of a leasehold. p. 299 u. s. 438 . 3. section 77b of the bankruptcy act provides: "in case an executory contract or unexpired lease of real estate shall be rejected pursuant to direction of .....

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Jun 29 1937 (PC)

Rudragowda Yeshvantgowda Vs. Gangowda Basagowda Patil

Court : Mumbai

Decided on : Jun-29-1937

Reported in : AIR1938Bom54; (1937)39BOMLR1124; 173Ind.Cas.553

..... touch the pure fountains of justice. 'that was a case in which it was proved that the bond had been given to the obligee as an indemnity for a note entered into by him for the purpose of inducing the prosecutor on an indictment for perjury to withhold his evidence. it seems to ..... illegality should be discovered at a later stage of the agreement. it might be said that the same thing can be predicated in a marriage brokerage contract. that contract, in my opinion, stands on a different footing and has been treated so having regard to the notions of the community in this country. but ..... to by my learned brother, of which the parties were conscious, betraying a similar fraudulent design. in the language of section 23 of the indian contract act the consideration or object of an agreement is lawful, unless it is fraudulent; or involves or implies injury to the persons or property of another ..... an agreement which is void under section 23 by reason of an unlawful consideration or object.' there the court was dealing with a marriage brokerage contract and it refused to apply the provisions of section 65.39. the argument of the learned advocate for the appellant is that there is no ..... are not unmindful that there are exceptions to the general rule that money paid or personal property transferred in accordance with the terms of an illegal contract cannot be recovered, notwithstanding the other party refuses to perform his part of the agreement. it is plain that although where money has been paid .....

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Jan 04 1937 (FN)

Schwartz Vs. Irving Trust Co.

Court : US Supreme Court

Decided on : Jan-04-1937

..... . certiorari to review a judgment of the circuit court of appeals which affirmed the district court in rejecting nine claims of landlords for future rent, or indemnity, in a proceeding to reorganize the lessee corporation under 77b of the bankruptcy act. mr. justice roberts delivered the opinion of the court. the provability ..... lease, reciting the state of the title thereunder, the bankruptcy proceeding, and the authority granted the trustee by the court to reject the lease, the contract contains these provisions: the trustee assigns to the lessor its right, title, and interest in and to the lease and any subleases; the bankrupt does ..... petitioners were lessors of the debtor. their leases were rejected in a bankruptcy proceeding pending when the reorganization section was adopted. all of the leases contained indemnity covenants similar to that considered in kuchner v. irving trust co., ante, p. 299 u. s. 445 . the variant in the present case ..... released, a reservation or restriction applicable only to the release amounted to nothing. the dissenting judge agreed that the contracts operated as surrenders, but held that the riders were not limited in their operation to the release clause alone, but were applicable to the entire ..... contract and were intended and effective to reserve claims which might be found to be provable, despite surrender, either as the result of .....

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