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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1880 Page 4 of about 54 results (0.044 seconds)

1880

Cook Vs. Lillo

Court : US Supreme Court

Decided on : Jan-01-1880

..... , could be enforced in the courts of the united states after the restoration of peace to the extent of their just obligation. it is equally well settled that if a contract entered into under such circumstances, payable in dollars, was, according to the understanding of the parties, to be paid in confederate dollars, upon proof of that fact the party entitled ..... in the hands of the sonlies, because confessedly they were transferred to him long after they had become due. by a statute of louisiana, if a person pays on a contract a page 103 u. s. 794 higher rate of interest than eight percent, it may be sued for and recovered back within twelve months from the time of the payment .....

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Dec 03 1880 (PC)

Ramkishore Chuckerbutty and anr. Vs. Kallykanto Chuckerbutty

Court : Kolkata

Decided on : Dec-03-1880

Reported in : (1881)ILR6Cal479

..... which is embodied in the decree now sought to be executed, that the widow did not seek by her suit to recover any interest personal to herself, but that she contracted this judgment-debt in the effort to recover a portion of her husband's estate. it was only in her character as representative of that estate that she did, or ..... arrears of rent becoming due after his death, or for the bond which was given by the widow, it can only be upon the ground that the debts were necessarily contracted by the widow, or under such circumstances as to make the whole estate liable, and not merely the interest in it of the person who ..... contracted them.' and again: 'here the suits were against the widow only, she cannot be said to have been defending them as representing the reversioner, or as protecting his interest.'2. .....

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Nov 23 1880 (PC)

Kameswar Pershad Vs. Bun Bahadur Singh

Court : Kolkata

Decided on : Nov-23-1880

Reported in : (1881)ILR6Cal843

..... claimed taken for a legal necessity ; and whether or not is the amount of debt repayable by the property left by the husband of the widow mussamut asmedh konwar, who contracted the debt.'2. the subordinate judge, who tried the case in the first instance, found wholly in favour of the plaintiff, and gave a decree for the amount sued for .....

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1880

School District Vs. Insurance Company

Court : US Supreme Court

Decided on : Jan-01-1880

..... this was a special act is not denied. nor can it be controverted successfully that it confers corporate powers. the power to make a contract of this character, to collect the taxes necessary to pay the debt, to contract for and superintend and pay for the building, to receive the fund mentioned from the authorities of falls city, are all in their .....

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May 21 1880 (PC)

Rajender Dutt Vs. Sham Chund Mitter and ors.

Court : Kolkata

Decided on : May-21-1880

Reported in : (1881)ILR6Cal106

..... is bad. there remains nothing but the restraint on partition.12. in ramdhone ghose v. annund chunder ghose (2, hyde 93) it was held that a contract similar to the present was binding upon the parties to it. i do not know that the question has ever been expressly raised whether such an agreement is ..... the house should not be partitioned. macphbrson, j., held, that a mortgagee of a half share of the house, taking from the representatives of one of the contracting parties with notice of the trust, could not claim partition during the twenty years. that case decided, i think, no more than this-that there was a ..... that clause 6 should be read as giving the property over to the other sharers in case any one sought partition during the life of any of the contracting parties. but the gift would then be void. a gift, whether primary or substitutionary, can only be to some one in existence at the time ..... money in lieu of a share of the estate.8. the short question that has to be decided is, whether the owner of property can by mere contract during his life prevent his heirs from partitioning property after his death; and further, whether such a prohibition is binding upon an assignee of the heir.9. ..... on this ground i think clause 2 and the clauses subsidiary to it, viz., clauses 3, 4, 7, 9, and 10, could bind nobody but the contracting parties.6. at first sight those clauses seem also to create an absolute perpetuity. but seeing that the subject of partition is expressly dealt with in clause 6, it .....

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1880

Goodyear Dental Vulcanite Company Vs. Davis

Court : US Supreme Court

Decided on : Jan-01-1880

..... , it is reasonable to hold that such a construction may be confirmed by what the patentee said when he was making his application. the understanding of a party to a contract has always been regarded as of some importance in its interpretation. in his letter to the commissioner under date of july 30, 1855, written by his attorney, after striking out .....

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1880

Babbitt Vs. Clark

Court : US Supreme Court

Decided on : Jan-01-1880

..... babbitt & weed feb. 8, 1877, which it was alleged had been created by the fraud of babbitt. the answer, which was by babbitt alone, admitted that the debt had been contracted but denied the fraud. it then alleged by way of defense that on the 7th of july, 1877, proceedings in bankruptcy were instituted against babbitt and weed in the district .....

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Apr 30 1880 (PC)

Chundee Churn Roy Vs. Shib Chunder Mundul

Court : Kolkata

Decided on : Apr-30-1880

Reported in : (1880)ILR5Cal945

..... , by force of the interpretation-clause, section 3, a very much more extensive meaning than the word bears in the english law, for it includes any right not arising from contract by which one person is entitled to remove and appropriate for his own profit any part of the soil belonging to another, or anything growing, or attached to, or subsisting .....

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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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