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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1910 Page 1 of about 156 results (0.039 seconds)

Jul 12 1910 (PC)

British and Foreign Marien Insurance Co. Ld. Vs. Indian General Naviga ...

Court : Kolkata

Decided on : Jul-12-1910

Reported in : (1911)ILR38Cal28

..... then he contended that at any rate it could not be applied to clause 10 of this agreement, for this he maintained was an independent contract of indemnity which therefore should be construed strictly against the manufacturing company as the insurers. his argument was this 'i am not seeking to escape from my ..... it could be reasonably assumed that the manufacturing company had power to enter into such a far reaching contract of indemnity or whether the clause comes within the mischief of section 23 of the contract act.19. it thus only remains for me to deal with the contention based on the contents of ..... 'the general law (and it is obvibus justice) is that where there is a contract of indemnity (it matters not whether it is a marine policy or a policy against fire on s land or any other contract of indemnity), and a loss happens, anything which reduces or diminishes that loss reduces or diminishes the ..... into the hands of the person to whom he has paid it, it becomes an equity that the person who has already paid the full indemnity is entitled, to the recouped by having that amount back.'18. if then the manufacturing company had recovered damages from the carrying company before ..... , is not a bilk of lading, but a contract between common carriers and intending shippers, and clause 10 is not an independent contract of indemnity, but an integral part of this contract as to carriage and must be so construed. indeed, if it were an independent contract in the, sense for which mr. mitter contends .....

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Jul 12 1910 (PC)

The British and Foreign Marine Insurance Co. Vs. the India General Nav ...

Court : Kolkata

Decided on : Jul-12-1910

Reported in : 9Ind.Cas.364

..... then he contended that at any rate it could not be applied to clause 10 of this agreement, for this, he maintained, was an independent contract of indemnity which, therefore, should be construed strictly against the manufacturing company, as the insurers. his argument was this i am not seeking to escape from my ..... it would be reasonably assumed that, the manufacturing-company had power to enter into such a far reaching contract of indemnity or whether the clause comes within the mischief of section 23 of the contract act.20. it thus only remains for me to deal with the contentions based on the contents of ..... : 'the general law (and it is obvious justice) is that where there is a contract of indemnity (it matters not whether it is a marine policy or a policy against fire on land or any other contract of indemnity) and a loss happens anything which reduces or diminishes that loss reduces or diminishes the amount ..... into the hands of the person to whom he has paid it, it becomes an equity that the person who has already paid the full indemnity is entitled to be recouped by having that amount back.'19. if then the manufacturing company had recovered damages from the carrying company, before payment ..... a bill of lading, but it is a contract between common carriers and intending shippers and clause 10 is not an independent contract of indemnity but an integral part of this contract as to carriage and must be so construed. indeed if it were an independent contract in the sense for which mr. mitter .....

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Feb 21 1910 (FN)

Penman Vs. St. Paul Fire and Marine Ins. Co.

Court : US Supreme Court

Decided on : Feb-21-1910

..... and appliances in daily use in the business of the company. the rules of construction applicable to such a contract of insurance are well settled. the object of the contract is indemnity against the loss by fire of the business plant, or any portion of it, while used and occupied by ..... effective for the protection of the insured. in other words, the contract should be liberally construed in aid of the indemnity which was in contemplation of the parties who made it. w. & a. pipe lines ..... removed to the united states court for the western district of pennsylvania. plaintiff's statement, to use the local name for her pleading, alleged a contract of insurance whereby the insurance company insured, for the term of three years, against direct loss by fire, "a two-story shingle-roofed building, ..... against modification by custom of trade or manufacture or by agents, and are unambiguous, courts cannot admit parol testimony to alter the written words of the contract. northern assurance co. v. grand view building association, 183 u. s. 308 . 151 f. 961, affirmed. the facts, which involve ..... the owners in the manner and for the purposes for which it was designed. if its provisions are susceptible of two or more interpretations, that one should be adopted that will make the contract .....

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Mar 17 1910 (PC)

Kandaswamy Pillai Vs. Avayambal Alias Thangaohi Ammal

Court : Chennai

Decided on : Mar-17-1910

Reported in : (1911)ILR34Mad167

..... is made by a written instrument. we do not think that these cases compel us to hold that an indemnity which is not a term of the contract, nor to be deemed a part of the contract, but a mere obligation cast on the principal by the operation of law, is in writing registered within ..... for which we rejected 116. article 83 relates to a suit 'upon any other contract to indemnity.' if we are right in thinking that the obligation of the principal to indemnify under section 222 of the contract act is not a contract to do so, article 83 ceases to be applicable. but even if it did ..... be recoverable under section 70 of the contract act. there is nothing to prevent his making his claim for recoupment immediately after he expended his own moneys. it seems to us clear that assuming ..... postpones the agent's claims to the termination of the agency or the general settlement of accounts? the agent has no duty apart from any special contract to spend his own moneys in the business of his agency. his expenditure therefore of moneys belonging to himself in the business of the agency would ..... taken that the agent is damnified when he makes the payment. the expenses referred to in illustrations (a) and (6) to section 222 of the contract act are recoverable as soon as they are incurred. and if they are recoverable there is nothing unreasonable in holding that the agent is damnified when they .....

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Mar 17 1910 (PC)

Kandaswami Pillai Vs. Avayambal Alias Thangachi Ammal

Court : Chennai

Decided on : Mar-17-1910

Reported in : 7Ind.Cas.399; (1910)20MLJ989

..... is made by a written instrument. we do not think that these cases compel us to hold that an indemnity which is not a term of the contract nor to be deemed a part of the contract, but a mere obligation cast on the principal by the operation of law is in writing registered within ..... would be recoverable under section 70 of the contract act. there is nothing to prevent his making his claim for recoupment immediately after he expended his own moneys. it seems to us clear that assuming ..... that postpones the agent's claim to the termination of the agency or the general settlement of account? the agent has no duty apart from any special contract to spend his own moneys in the business of his agency. his expenditure, therefore, of moneys belonging to himself in the business of the agency ..... taken that the agent is damnified when he makes the payment. the expenses referred to in illustrations (a) and (b) to section 222 of the contract act are recoverable as soon as they are incurred. and if they are recoverable, there is nothing unreasonable in holding that the agent is damnified when they ..... of the limitation act. the appellant contends in the first place that article 116 applies. that relates to a suit for compensation for breach of a contract in writing registered. there is no promise in the power-of-attorney to pay the plaintiff for advances made by him on account of his principal. .....

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Jan 17 1910 (FN)

MankIn Vs. Ludowici-celadon Co.

Court : US Supreme Court

Decided on : Jan-17-1910

..... statute, and the purpose of congress to provide security for payment for labor and material going into the construction of a public building, it was intended thereby to provide indemnity for a person or persons who furnished labor or materials to the subcontractor, thereby enabling the contractor to meet his engagement to supply the material and labor necessary to the ..... himself by requiring a bond securing him against liability on account of engagements of the subcontractor with persons who furnish labor and material upon his order. indeed, the present contract contained, as the record shows, a provision that the general contractor reserved the right to require a full release from all claims for which he had become liable for ..... persons supplying the contractor with labor and materials, and furnishing the affidavit that the same were supplied for the prosecution of such work, shall have a certified copy of the contract and bond for the purposes of the suit. the additional phrase used in this connection, "the person or persons supplying the contractor with labor and materials," it is contended, ..... . the building was completed about july 12, 1906, was accepted by the government, and payment therefor was made to the mankin construction company, in accordance with the terms of the contract. the defendants in error, the ludowici-celadon company, the nelson manufacturing company, and the j. l. mott iron works, respectively, sold and delivered to smythe, the subcontractor, certain materials .....

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Feb 22 1910 (PC)

Treacher and Co. Ltd. Vs. Mahomedali Adamji Peerbhoy

Court : Mumbai

Decided on : Feb-22-1910

Reported in : (1910)12BOMLR597

..... such evidence as was available in support of the plaintiffs' title, before the defendant's solicitors finally pronounced '-their decision and rescinded the contract. were the materials that were at the disposal of the defendant's solicitors and available to him, sufficient to establish a title the rejection ..... fortifier hold that to reject a title such as was tendered, was tinder the circumstances unreasonable and that the consequent attempt to rescind the contract on the part of the defendant was wholly unjustifiable.27. [after finding on the various issues his lordship proceeded-]i hold that the plaintiffs ..... and never suggested the plaintiffs giving the defendant an indemnity bond.25. having therefore, to all the circumstances of this case. i have come to the conclusion not only that the plaintiffs have ..... the title is a fair holding one and might be accepted without much risk, if the vendor company would give an indemnity bond. they are a substancial company whose indemnity would, i imagine, be a fair security;' mr. merwanji seems to have ignored this portion of counsel's opinion altogether ..... . a 37. on the 26th of january 1909, the defendant's solicitors sent certain requisitions on title of the plaintiffs to the property contracted to be sold by them, and in the letter which accompanied the requisitions they say:-until the requisitions are satisfactorily answered and objections removed, .....

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Jun 29 1910 (PC)

Mohun Lal Babu Vs. Udai NaraIn Bhaduri and ors.

Court : Kolkata

Decided on : Jun-29-1910

Reported in : 7Ind.Cas.2

..... the property through sibkaran with the hope of getting rid of the darputni. the mention of rs. 30,000 as the limit of the purchase and the indemnity provided in case of sibkaran not bidding up to rs. 30,000 leave no doubt in the matter. we cannot believe that. sibkaran, who had had ..... heir and legatee and the 'actual defaulter'. see gouree komal v. raj kishen 5 w.r. 106. ha was, therefore, prohibited from bidding. the contract contained in the letter says sibkaran was to purchase for udai narayan and udai was to re-pay the money with interest and remuneration. this is exactly the ..... see that the head-rent was paid and they had their remedy under the regulation section 13, to make the payment themselves and save their property. the contract could not, therefore, be said to be fraudulent. but was it illegal was it in violation, direct or indirect, of any provision of positive law ..... has held that the story of undue influence and fraud is not made out but that the contract was illegal and against public policy being an unholy alliance to defraud the darputnidars, and dismissed the suit.3. plaintiff appeals and on his behalf it ..... defendant, who had been given false hopes of a loan sufficient for the prevention of the sale and fraudulently refused at the last moment; that the contract was illegal and against public policy and could not be enforced and that the plaintiff had no right to enforce the same.2. the learned subordinate judge .....

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Mar 08 1910 (PC)

K. Ramanunni Nair Alias the Moopil Nair of Mannaraghat Vs. Karumathil ...

Court : Chennai

Decided on : Mar-08-1910

Reported in : 7Ind.Cas.757

..... who claimed the logs as his own. after some correspondence, the logs were eventually made over by the forest officer to the 5th defendant on his executing a bond of indemnity. the timber was stopped at the government depot on the 16th march 1909, the sale having taken place on the 29th october 1899, and on the 11th april 1900, the ..... this the 4th dependant sold as his, timber which belonged not to him but to another person, the 5th defendant and the 4th defendant knew at the time of the contract that the plaintiffs would have to incur expense to remove the timber from the forest to a place where they could either sell them or utilize them for some purpose ..... the decree passed by the district judge of coimbatore directing him to pay rs. 2,154 and interest to the plaintiffs for damages arising out of breach of a certain contract with reference to several logs of rosewood, cedar, and teak sold by the 4th defendant to the plaintiffs. these logs at the time of the sale were in a forest .....

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Jul 18 1910 (PC)

Lal Batcha Sahib Vs. Arcot Narainaswami Mudaliyar

Court : Chennai

Decided on : Jul-18-1910

Reported in : (1911)ILR34Mad320

..... sum and that the statement of the amount due in the demand for payment is wrong. ha goes on to say that if the widow would execute and register an indemnity bond (which he will accept if it is in accordance with law) he would pay the amount due on the comparison of the two accounts.6. i do not think ..... adopted son.4. as wallis, j., points out in his judgment in original suit no. 53 of 1907, at common law when interest is payable by the terms of the contract (this is admitted in the present case) it runs ordinarily up to the date of payment or legal tender.5. i cannot find either in exhibit iv or in exhibit .....

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