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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1880 Page 2 of about 54 results (0.054 seconds)

1880

County of Mobile Vs. Kimball

Court : US Supreme Court

Decided on : Jan-01-1880

..... if for any cause the repeal of the law creating the harbor board, or the refusal of its members or other officials to act, the contract cannot be specifically enforced, a court of equity will order compensation in damages from the party ultimately liable. that court will free the case from ..... officials had delivered to the board the whole amount of the bonds demanded, and that this amount was ample for the fulfillment of the obligations contracted for, the suit could not be maintained. the decree was therefore reversed and the bill dismissed, but without prejudice -- a condition which prevented ..... courts of the state against their claim arises in this wise: after the complainants had performed their work on the harbor of mobile under the contract with the harbor commissioners of june, 1872, and the work had been approved and accepted, the legislature passed the act of april 19, 1873 ..... part thereof, or to the construction of an artificial harbor in addition to such improvement. in june, 1872, the board of commissioners entered into a contract with the complainants, kimball and slaughter, to dredge and cut a channel through a designated bar in the bay, of specified width, depth, and distance ..... the whole state is interested. 5. the harbor board was authorized by that act to provide for the contemplated improvement by entering into a contract therefor binding upon the county. if specific performance cannot for any reason be enforced in favor of the party who is thereunto entitled, on .....

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1880

Oscanyan Vs. Arms Company

Court : US Supreme Court

Decided on : Jan-01-1880

..... aid to collect compensation for services of this nature, nor does it make any difference that the turkish government did not object to the plaintiff's taking commission on such contracts, which counsel contended we must consider as admitted together with the rest of the opening statement. we may doubt whether we are compelled to take as correct, with the ..... against public policy. that agreements like the one under consideration have this tendency is manifest. they tend to introduce personal solicitation and personal influence as elements in the procurement of contracts, and thus directly lead to inefficiency in the public service and to unnecessary expenditures of the public funds. . . . all agreements for pecuniary considerations to control the business operations of ..... government. it was a case where nothing was to be paid if no contract was obtained, and if obtained, the compensation was to be proportionate to its extent. in deciding the case, the court said: "considerations as to the most efficient and ..... government to furnish it with supplies was against public policy, and could not be enforced. that was a case where the compensation was made contingent upon success in procuring the contract, and, as we shall hereafter show, page 103 u. s. 274 should be distinguished from agreements for services in presenting information on the subject for the consideration of the .....

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1880

Williams Vs. Louisiana

Court : US Supreme Court

Decided on : Jan-01-1880

..... the bonds of the company. by the new amendment, she agrees unconditionally to pay $2,500,000 of money, with no security for its repayment and no indemnity against loss. under the former act, she might never have been called on to endorse the bonds, as the conditions might never have been complied with, ..... face of the transaction it is quite apparent that it was a new debt, based on a new consideration, with only an incidental reference to an old contract liability to make it colorable. we concur therefore with the supreme court of the state in holding that these bonds constituted a new debt issued on a ..... court has jurisdiction to determine whether the amendment, as construed by the court below and applied to the facts of the case, impairs the obligation of a contract. held further that the act is in conflict with that amendment inasmuch as it authorized the creation of a new debt on a new consideration in excess ..... contract, and this court can review that question, while if the bonds constitute a new and independent contract, the constitutional provision was properly applied to them, and the judgment is right. as this is the question we ..... both as to its merits and as to the jurisdiction of this court. for it is insisted by plaintiffs in error that if their contract existed in effect before the amendment, the amendment as construed by the state court impairs the obligation of that .....

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1880

Steamship Company Vs. United States

Court : US Supreme Court

Decided on : Jan-01-1880

..... the steamships of the new class until other vessels became necessary besides those already accepted. page 103 u. s. 727 that such was the understanding of the parties to this contract receives strong confirmation from language found in the bid or offer of the company, which was accepted without qualification by the postmaster general. it is this: "we are now building ..... the requirements of the act of congress authorizing the additional monthly service, and other satisfactory steamships required in their place." the question is whether the company was bound by this contract to carry this additional semi-monthly mail in vessels of the class here described and in no others, or whether, while exercising due diligence, to have as many vessels of ..... as follows: "sec. 3. . . . for steamship service between san francisco, japan, and china, five hundred thousand dollars, and the postmaster general is hereby authorized to contract with the lowest bidder, within three months after the passage of this act, after sixty days' public notice, for a term of ten years, from and after the first day ..... steamships colorado, great republic, china, japan, america, and alaska were duly inspected and were accepted by the government for that service. they had been in actual use in performing the contract for several years, when congress by the act of june 1, 1872, c. 256, making appropriations for the service of the post office department for the next fiscal year, enacted .....

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1880

Louisiana Vs. Wood

Court : US Supreme Court

Decided on : Jan-01-1880

..... the money was got under a form of obligation which was apparently good, that interest should be paid at the legal rate from the time the obligation was denied. that contract the plaintiffs seek to enforce in this action, and no other. again, it was contended that, as the money in this case was borrowed to take up bonded indebtedness, the ..... such interest, with such length of time to run, as may be agreed upon between the county, city, or town and the holders of its bonds, provided, however, that the contract for fundings, with the terms of the same, shall be assented to by a majority of the qualified voters of such county, city, or town at a general or special ..... endorsement on such bond that all the conditions of the laws have been complied with in its issue, if that be the case, and also that the conditions of the contract under which they were ordered to be issued have also been complied with, and the evidence of that fact shall be filed and preserved by the auditor; but such certificate ..... ultra vires. there was no actual sale of bonds, because there were no valid bonds to sell. there was no express contract of borrowing and lending, and consequently no express contract to pay any rate of interest at all. the only contract actually entered into is the one the law implies from what was done, to-wit, that the city would, on demand .....

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1880

Daniels Vs. Tearney

Court : US Supreme Court

Decided on : Jan-01-1880

..... wrong the right to renounce the contract, for the general rule is that no man can take advantage of his own wrong, and the innocent party therefore is alone entitled to such a ..... contrary is not alleged and it does not appear. quod non apparet, non est. de non apparentibus et non existentibus, eadem est ratio. "if the contract be executed, however -- that is, if the wrong be already done -- the illegality of the consideration does not confer on the party guilty of the ..... v. graham, 100 u. s. 699 . the same result is produced in like manner in many instances where a corporation, having enjoyed the fruits of a contract fairly made, denies, when called to account, the existence of the corporate power to make it. railway company v. mccarthy, 96 u. s. 258 . the ..... the condition of the bond was framed accordingly. this, as we have shown, was directly repugnant to the constitutional provision which forbids the impairment of contracts by state laws. the bond, as a statutory instrument, cannot have more validity than the statute which prescribed it as the means of giving effect ..... sales should be made under decrees or deeds of trust without the consent of the parties interested "until otherwise provided by law" was clearly in conflict with the contract clause of the national constitution. bronson v. kinzie, 1 how. 311; mccracken v. hayward, 2 how. 608; edwards v. kearzey, 96 u. s. .....

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1880

Goodman Vs. Niblack

Court : US Supreme Court

Decided on : Jan-01-1880

..... first agreement of sloo, therefore, is unassailable. his assignment to cheever and wiles, in 1860, conveyed only his interest in the profits of the contract which the parties in the first assignment were performing or had performed for the government. page 102 u. s. 562 the general assignment of sloo in ..... for services in conveying the united states mails by steamers, direct between new york and chagres, in addition to the regular service required under the contract made between the said albert g. sloo and the united states be, and the same is hereby, referred to the court of claims, and ..... of the revised statutes. these provisions were enacted by congress in 1853, 10 stat. 170, and were therefore not in force when sloo made his contract with the government or his agreement with roberts, law, and others. that agreement remains unaffected by them. they were in force, however, when he ..... and property of every description. held that the assignment, although it covered whatever might be due to him under his contract with the government, was not within the prohibition of the act of feb. 26, 1853, 10 stat. 170, reenacted in sec. 3477, rev.stat., ..... that as the assignment was thus recognized by the government, the parties to the agreement and those claiming under them are precluded from setting up that the contract was not assignable. 2. a. made in 1860 an assignment for the benefit of his creditors, which included all his rights, credits, effects, .....

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1880

Penniman's Case

Court : US Supreme Court

Decided on : Jan-01-1880

..... insolvent act of the colonial legislature passed in 1756, and no longer in force, was in the strictest sense a law impairing the obligation of contracts; that it interfered with an actually vested right of the creditor acquired under existing laws and entitling him to a particular remedy against the person ..... the state, received, in due form, from the proper court, a judgment that "he should be, and was thereby, fully discharged from all the debts, duties, contracts, and demands, . . . and from all imprisonment, arrest, and restraint of his person therefor." to this plea a demurrer was filed, and the judges of ..... states, and was therefore null and void because it impaired the obligation of the judgment upon which the commitment had been made and of the contract on which the judgment was founded. it was adjudged by the supreme court that the section was constitutional and valid, and that by virtue ..... jointly and severally liable for all the debts of the company then existing, and for all that shall page 103 u. s. 715 be contracted before such notice shall be given, unless such company shall have been insolvent and assigned its property in trust for the benefit of its creditors, ..... the state of rhode island syllabus a state statute abolishing imprisonment for debt does not, within the meaning of the constitution, impair the obligation of contracts which were entered into before its enactment. the facts are stated in the opinion of the court. mr. justice woods delivered the opinion of the .....

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1880

Railroad Company Vs. Falconer

Court : US Supreme Court

Decided on : Jan-01-1880

..... , including the appointment of commissioners, can be construed as amounting to such a contract. all that was done by the town, through the action of its taxpayers and the county judge, was to appoint agents for making a subscription and issuing bonds on the ..... , must stand upon the effect of the taxpayers' petition and the proceedings had thereon before the county judge. if, under the operation of existing statutes, these proceedings amounted to a contract between the town and the railroad company, no subsequent legislation or constitutional amendment could lawfully impair its obligation. but it is difficult to see how the said petition and proceedings ..... to the petition and proceedings under which the commissioners were appointed, and a declaration on their part that they did not undertake or agree to perform the conditions of the contract except as empowered and authorized by said proceedings. the defendants in error contend that this agreement was page 103 u. s. 825 ultra vires of the commissioners and wholly ..... such county, city, town, or village be allowed to incur any indebtedness, except for county, city, town, or village purposes." the court of appeals held that there was no such contract in existence as alleged by the plaintiff in error when the amended constitution went into effect, and therefore that the prohibition contained in the clause just quoted was conclusive against .....

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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 .....

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