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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1880 Page 1 of about 54 results (0.081 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 .....

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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 .....

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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 .....

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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 .....

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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. .....

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1880

George Vs. Tate

Court : US Supreme Court

Decided on : Jan-01-1880

..... the unskillfulness of the draftsman of the instrument. the assignment could have been made by one of the partners, and he could have made it by parol. jones v. guaranty & indemnity company, 101 u. s. 622 ; story, partn., sec. 101. the signature of the firm name shows that the instrument was intended to be the act of both partners, and effect ..... an eminent writer that "words are the counters of the wise and the money of the unwise." their office is to symbolize ideas. the intent of the parties is the contract, and whenever that is ascertained, however inartificially expressed, it is the duty of courts to give it effect. as between myers & green and tate, the title of tate was good ..... .) 228. a bond to b.'s executors, b. being alive, is a bond to b. langdon v. goole, 3 lev. 21. langdon v. henderson, 1 moo. & m. 300, a written contract stipulated that a ship should be ready to take freight on board "forthwith." parol evidence was admitted to show the surrounding circumstances when the ..... contract was made. page 102 u. s. 570 lord tenterden said: "the word 'forthwith,' indeed, in strictness, means immediately, but it is plain this cannot be the construction to be affixed .....

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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. .....

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1880

Heryford Vs. Davis

Court : US Supreme Court

Decided on : Jan-01-1880

..... it follows from what we have said that to protect the cars from seizure and sale by virtue of executions against the railroad company, recording the contract was made necessary by the statutes of missouri to which we have referred. the judgment of the circuit court will therefore be reversed, and the ..... when demanded, but as security for the notes "given in payment" for the cars. this is confirmatory of the construction we have given to the contract. it tends to show that the transaction was a sale by which the ownership passed to the railroad company, the vendors retaining only a lien for ..... were intended as additional security for the payment of the debt the latter company assumed. this is shown most clearly by the other provisions of the contract. the notes became the absolute property of the vendors. as has been stated, they all fell due within four months, and it was expected they ..... court of chariton county, missouri, in his favor and against the keokuk and kansas city railway company and the western construction company, the cars in said contract described. that on dec. 13, 1874, the jackson and sharp company served notice upon the sheriff claiming the passenger car and mail, baggage, and ..... to missouri and were placed upon and used by said railroad company on its railroad in chariton county, missouri. 4. that the notes mentioned in said contract were not paid at maturity, and still remain unpaid; that, dec. 4, 1873, the jackson and sharp company received $13,000 in the first .....

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1880

Meriwether Vs. Garrett

Court : US Supreme Court

Decided on : Jan-01-1880

..... municipal corporation, so far as its governmental powers are concerned. but no legislature can so dissolve a corporation, municipal or private, as to destroy or impair the obligation of any contracts the corporation may have made. dillon, mun.corp., sec. 114; von hoffman v. city of quincy, 4 wall. 535. creditors of municipal corporations are as completely within the ..... under authority from the legislature. if no such authority exists, the remedy is by appeal to the legislature, which alone can grant relief. whether taxes levied in obedience to contract obligations or under judicial direction can be collected through a receiver appointed by a court of chancery, if there be no public officer charged with authority from the legislature to ..... authority of the legislature. 4. taxes levied according to law before the repeal of the charter, other than such as were levied in obedience to the special requirement of contracts entered into under the authority of law, and such as were levied under judicial direction for the payment of judgments recovered against the city, cannot be collected through the instrumentality ..... authority of the legislature. 4. taxes levied according to law before the repeal of the charter, other than such as were levied in obedience to the special requirement of contracts entered into under the authority of law, and such as were levied under judicial direction for the payment of judgments recovered against the city, cannot be collected through the instrumentality .....

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1880

Railroad Companies Vs. Schutte

Court : US Supreme Court

Decided on : Jan-01-1880

..... say the least, suspended when that company voluntarily dismissed its appeal under the 28th rule. this suspension was not vacated until the bond of indemnity was filed on the 2d of february, 1880. it will be for the court below to determine, when it is called on to confirm ..... in the pensacola and georgia and tallahassee bonds, through which the north carolina company seeks to reach the property. this is clearly recognized in the contract of settlement entered into between swepson, littlefield, and the commissions of page 103 u. s. 138 north carolina, on the 16th of april, ..... interest, took possession of the property and operated the railroad as owner. littlefield, who had succeeded to all of swepson's rights under his several contracts, assumed the absolute control of the company and was its principal stockholder. both swepson and littlefield were named as corporators of the jacksonville, pensacola, ..... as guarantors of such bonds, the case upon the facts being within the rule of the liability of an endorser of commercial paper. 4. contracts created by or entered into under the authority of statutes are to be interpreted according to the language used in each particular case to express ..... or anyone in his interest, took possession of the property and operated the railroad as owner. one l., who had succeeded to s. under his contracts, assumed control of the company and was its principal stockholder. a new railroad company was then incorporated, which absorbed the other and took possession of .....

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