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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1880 Page 3 of about 54 results (0.056 seconds)

1880

Kirk Vs. Hamilton

Court : US Supreme Court

Decided on : Jan-01-1880

..... accounts as for distribution of the fund realized by the sales, kirk, it seems, appeared before the auditor by an attorney and made objection to the allowance of the simple contract debts which had been proven against him in his absence. so far as the record discloses, no other objection to the proceedings was interposed by him. undoubtedly he then knew ..... the following paper: "the defendant kirk does not admit the simple contract debts, but contests the same, and requires the said claims before they be allowed by the auditor to be established by competent proof. r. h. laskey, atty. for deft." the ..... , 1864, and before the case was confirmed, kirk returned from the south, and has appeared by mr. laskey, his counsel, upon page 102 u. s. 73 this reference. the simple contract debts are not admitted by him, but he states that he has offsets in bar against some if not all of them." appended to the auditor's report there is ..... the cause referred to an auditor to state the accounts of the trustee and report a distribution. a. appeared before the auditor and objected to the allowance of the simple contract debts. the report of the auditor was confirmed, and the lots were conveyed by the trustee's deed bearing date dec. 14, 1860, to b., who entered thereon and made .....

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1880

Sims Vs. Everhardt

Court : US Supreme Court

Decided on : Jan-01-1880

..... 's right to avoid the deed. and those confirmatory acts must be voluntary. as we have said, one who is under a disability to make a contract cannot confirm one that is voidable or, what is the same thing, cannot disaffirm it. an affirmance or a disaffirmance is in its nature a mental assent ..... she never did any act after her deed was made and after she came of age expressive of her consent to it or implying an affirmance of the contract. the most that is alleged against her is that she was silent during her coverture. but silence is not necessarily acquiescence. we are aware that the ..... she was in a weak and nervous condition. it is not strange that a woman bound to such a husband should delay during her coverture disaffirming a contract which he had forced her to make. add to this that she had very little opportunity to disaffirm until after her divorce. before she had reached her ..... is presumed not to have sufficient discretion for that. why should not the greater disability of coverture be attended with the same consequences? if a wife cannot contract about any land which is not her separate property, how can she, without the concurrence of her husband, do any act the effect of which is ..... estate, such as the wife had in scranton v. stewart. in regard to it, she was sub potestate viri, incapable of suing or making any contract without her husband's assent. she could not even receive a grant of land if her husband dissented. her disability during her coverture was even greater than .....

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1880

Wadsworth Vs. Supervisors

Court : US Supreme Court

Decided on : Jan-01-1880

..... and under the circumstances prescribed by that instrument. applying the doctrines announced in aspinwall v. commissioners to the present case, it is clear that there was no binding agreement or contract between the railroad company page 102 u. s. 538 and the county of eau claire by which the latter became legally bound, through its board of supervisors, to execute and ..... , speaking for the whole court, "the contract is unexecuted and obligatory upon neither party." hence, the new state constitution was held to govern the case, and from the time of its adoption to have withdrawn from the ..... in that case that the popular vote did not itself create a vested right in the railroad company to the bonds, and that a subscription was necessary to create a contract binding the county to issue bonds in payment of the stock, and binding the company to issue stock for the bonds. "until the subscription is made," said mr. justice nelson ..... to receive the bonds became complete and perfect when a majority of legal voters declared in favor of the subscription, and that such right was not, and consistently with the contract clause of the national constitution could not be, affected by any subsequent changes in the organic law of the state. to that position this court was unable to give its .....

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1880

insurance Company Vs. Bangs

Court : US Supreme Court

Decided on : Jan-01-1880

..... for a nonresident or absent infant in a case which did not touch any property in the district, but was brought to cancel a personal contract. there are also some cases in the state courts in which a judgment upon a personal demand has been sustained against collateral attack, though rendered ..... court will then only affect property of the party within the district. rev.stat., sec. 738. in all cases brought to enforce or cancel personal contracts or to recover damages for their violation, the statute requires a personal service of process upon the defendants or their voluntary appearance. and the equity rules ..... friend" does not change the necessity of service of process upon the defendants in a case before a court of the united states where a personal contract alone is involved. it may be otherwise in the state courts; it may be that, by their practice, the service of process upon the general ..... when the suit in equity was commenced against him. that suit did not concern any property, real or personal. it was brought to cancel a contract made with his father, and any decree respecting it would necessarily have been coram non judice unless the parties interested were before the court upon the ..... district of minnesota syllabus 1. where a suit is brought not to enforce a claim or lien upon property, but to cancel a purely personal contract, the circuit court cannot acquire jurisdiction of the defendant unless he appear or there be personal service of process upon him within the district. if he .....

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May 26 1880 (PC)

Nobocoomar Mookhopadhaya Vs. Siru Mullick

Court : Kolkata

Decided on : May-26-1880

Reported in : (1881)ILR6Cal94

..... below, but also learned judges of this court, have satisfied themselves that a suit upon a bond is, properly speaking, a suit for compensation for breach of contract, i do not think it right, in the interests of justice, to press the opposite view. [article 66:- description of suit. period of limitation. time ..... the case of a bond, or other contract in writing registered, was six years ; and that the people of this country have for years past understood that an unregistered bond must be sued upon within ..... single bond in this country), would be a suit for a debt or sum certain; whilst on the other hand, a suit for compensation for breach of contract (article 116), meant a suit for unliquidated damages.but there is no doubt that, under the acts of 1859 and 1871, the period of limitation in ..... meaning of the legislature is really doubtful, to divide the court upon a question of limitation.in one sense, of course, every suit for a breach of contract is a suit for compensation; but i should have thought that, in ordinary legal parlance, a suit to recover money due upon a bond (especially having ..... which period begins to run,' it is enacted that 'the period of limitation would begin to run against a suit brought on a similar contract not registered.' having regard to the words, 'a similar contract not registered,' it seems to me that a suit for compensation for the breach of the condition of a .....

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Sep 15 1880 (PC)

Jugtanund Misser Vs. Nerghan Singh and anr.

Court : Kolkata

Decided on : Sep-15-1880

Reported in : (1881)ILR6Cal433

..... evidence of such oral agreement is admissible to show that the condition has not been performed, and consequently that the written contract has not become binding.3. this will be found exemplified and explained in the following cases:-davis v. jones (17 c. b., 625), bell v. lord ingestre (12 q. b ..... well established and understood in england, and treated of in section 1038 of mr. taylor's book on evidence. that rule is, that when, at the time of a written contract being entered into, it is orally agreed between the parties that the written agreement shall not be of any force or validity until some condition precedent has been performed, parol ..... ; and it seems clear to me that the true meaning of the words 'any obligation' in proviso 3 is any obligation whatever under the contract, and not, as is contended by the defendants, some particular obligation which the contract may contain.7. i think, therefore, that the parol evidence was inadmissible, and that, as the defence entirely rests upon it, the plaintiff .....

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1880

United States Vs. Knox

Court : US Supreme Court

Decided on : Jan-01-1880

..... for the debts of the corporation under any circumstances. here, the liability exists by virtue of the statute and the assent of the corporators to its provisions, given by the contract which they entered into with congress in accepting the charter. with respect to the character of that page 102 u. s. 425 liability, it is entirely clear from the language ..... . what the effect of the clause would have been without the change is a point we are not called upon to consider. the charter of a private corporation is a contract between the lawmaking power and the corporators, and the rights and obligations of the latter are to be measured accordingly. by the common law, the individual property of the stockholders ..... and is now in force in these terms: "the shareholders of every national banking association shall be held individually responsible, equally and ratably, and not one for another, for all contracts, debts, and engagements of such association, to the extent of the amount of their stock therein, at the par value thereof, in addition to the amount invested in such shares ..... shareholders are thus liable. the first bank law was passed feb. 25, 1863, c. 58, 12 stat. 665. the last clause of sec. 12 is as follows: "for all debts contracted by such association for circulation, deposits, or otherwise, each shareholder shall be liable to the amount of the par value of the shares held by him, in addition to the .....

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1880

Giddings Vs. Insurance Company

Court : US Supreme Court

Decided on : Jan-01-1880

..... davis v. gray, 16 wall. 203. here there was clearly no performance by the applicant, and it is equally clear that hence there was no contract or obligation whatsoever on the part of the company. it was the business of the applicant if, after sending forward his application, he continued to desire a ..... any other unexecuted intention. the company prepared the draft of a contract which they were willing to execute. among its stipulations was one that the assurers should not be bound by the instrument until the premium was paid ..... other, because there would have been wanting the mutual assent of the minds of the parties which is vital in all cases to the creation of a contract obligation. what was done, without something further, could have no more weight or efficacy, in the view of the law, than an unexpressed thought or ..... pause as long as they might deem proper, and finally to accept or reject the application as they might choose to do. if they elected to contract, they had the right to prescribe the terms, and it was for the other party to assent to or reject them. his unbroken silence, as ..... by loren giddings and leander giddings, administrators of silas giddings, deceased, to compel the specific performance, by the northwestern mutual life insurance company, of its alleged contract, made with him some months prior to his death, to insure his life in the sum of $6,000. the court below dismissed the bill, .....

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Jun 10 1880 (PC)

Almas Banee and ors. Vs. Mahomed Ruja and ors.

Court : Kolkata

Decided on : Jun-10-1880

Reported in : (1881)ILR6Cal239

..... of the month of pous 1283, irrespective of the number of days the month should consist of.'5. this is, no doubt, one mode of interpreting this term of the contract. at the same time we think that, when the bond, by its terms, gives expressly thirty days from the commencement of pous as the limit of payment, the period of ..... evade, by this plea of limitation, the payment of a just debt and to act contrary to the expressed intentions of the parties at the time of entering into the contract.6. accordingly, we are of opinion that this suit is not barred by limitation.

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1880

Prewit Vs. Wilson

Court : US Supreme Court

Decided on : Jan-01-1880

..... , to an extent which cannot be estimated or expressed, except by the word 'infinite.' to say, therefore, that it is to be regarded, where it is the inducement to any contract, as a valuable consideration is to utter truth, yet only a part of the truth." and also that "marriage is to be ranked among the valuable considerations, yet it is .....

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