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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1911 Page 1 of about 132 results (0.037 seconds)

Oct 06 1911 (PC)

Nallappa Reddi Vs. Vridhachala Reddi and anr.

Court : Chennai

Decided on : Oct-06-1911

Reported in : (1914)ILR37Mad270

..... the third party, as in this case, or if the indemnifier had notice given to him of the suit against the party entitled to the indemnity, the judgment would be conclusive against the indemnifier even as an adjudication by court.3. whether the technical doctrine of res judicata is applicable or not ..... both the english and american courts that, where there is a contract to indemnify, if a decree has been passed against the person entitled to indemnity, the correctness of that decree cannot be impeached by the person bound to indemnify. the contract of indemnity might no doubt strictly be said to require that it should ..... rightly, if we may say so, that the contract is substantially broken when the court has found in a suit honestly defended by the party entitled to ..... be proved that the indemnifier acted in violation of his duty, as well as that his act caused loss to the party entitled to indemnity. but the courts have held, and we think ..... indemnity that there has been a violation of duty by the indemnifier which has entitled a third party to the damages for which the indemnity has been given. it has .....

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Aug 02 1911 (PC)

Ragunatha Chariar Vs. Sadagopa Chariar

Court : Chennai

Decided on : Aug-02-1911

Reported in : (1911)21MLJ983

..... whatever it may be - whether the price be settled by private bargain or determined by public competition - together with an indemnity against the encumbrances affecting the land. the contract of indemnity may b; expressed or implied. if the purchaser covenants with the vendor to pay the encumbrances, it is still nothing ..... contentions are not the same in substance though expressed in different forms. it is perfectly clear to us that the amount mentioned in the contract was agreed upon as consideration for the assignment of the decree in defendant's favour and the plaintiff is entitled to insist that the ..... against the defendant has been-misunderstood and that the lower courts have wrongly proceeded on the footing that the defendant's obligation under the contract exhibit a, was to indemnify the plaintiff against any claims by the two persons to whom he himself owed the debt which the defendant ..... out to be invalid the vendor has nothing to complain of. he has got what he bargaiued for. his indemnity is complete. he cannot pick ..... more than a contract of indemnity. the purchaser takes the property subject to the burthen attached to it. if the i encumbrances turn .....

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Dec 04 1911 (FN)

Grigsby Vs. Russell

Court : US Supreme Court

Decided on : Dec-04-1911

..... to deny the right to sell except to persons having such an interest is to diminish appreciably the value of the contract in the owner's hands. the collateral difficulty that arose from regarding life insurance as a contract of indemnity only ( godsall v. boldero, 9 east 72), long has disappeared ( phoenix mutual life ins. co. v. ..... had become void by the failure of burchard to pay the third premium ad diem, and that, when grigsby paid, he was making a new contract. but a condition in a policy that it shall be void if premiums are not paid when due means only that it shall be voidable at ..... interest in the life insured is the public policy that refuses to allow insurance to be taken out by such persons in the first place. a contract of insurance upon a life in which the insured has no interest is a pure wager that gives the insured a sinister counter-interest in having ..... fire & marine ins. co., 135 mass. 248. the company waived the breach, if there was one, and the original contract with burchard remained on foot. no question as to the character of that contract is before us. it has been performed and the money is in court. but, this being so, not only does the objection ..... bailey, 13 wall. 616). and cases in which a person having an interest lends himself to one without any, as a cloak to what is in its inception a wager have no similarity to those where an honest contract .....

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Feb 20 1911 (FN)

Chicago, Burlington and Quincy R. Co. Vs. Mcguire

Court : US Supreme Court

Decided on : Feb-20-1911

..... agreements of absolute waiver. the policy of the amendatory act was the same as that page 219 u. s. 572 of the original statute. its provision that contracts of insurance relief, benefit, or indemnity, and the acceptance of such benefits, should not defeat recovery under the statute, was incidental to the regulation it was intended to enforce. assuming the right ..... use and operation of any railway on or about which they shall be employed, and no contract which restricts such liability shall be legal or binding." the amendment of 1898 added the following provision: "nor shall any contract of insurance relief, benefit or indemnity in case of injury or death entered into prior to the injury between the person so injured ..... contract for insurance relief should limit the liability for damages, upon what ground can it be said that it was beyond the legislative ..... of enforcement, the authority to enact this inhibition cannot be denied. if the legislature had the power to prohibit contracts limiting the liability imposed, it certainly could include in the prohibition stipulations of that sort in contracts of insurance relief, benefit or indemnity, as well as in other agreements. but if the legislature could specifically provide that no .....

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Apr 24 1911 (PC)

Sanka Krishnamurthi Vs. the Bank of Burma, Limited

Court : Chennai

Decided on : Apr-24-1911

Reported in : (1912)ILR35Mad692

..... of direct recourse against the minor or his estate, but, as the guardian is entitled to indemnity for liabilities properly incurred out of the assets of the minor embarked in the business, creditors of the business, it has been held, are entitled to proceed ..... sanka ramasami and son the family business of general merchant and commission agent heretofore carried on under the style of sanka, ramasami, to enter into any contracts or agreements of any kind with any other person or persons, firm or firms, company or companies to deposit or withdraw money in or from any ..... , and that the guardian or legal representative, and not the minor or beneficiary on whose behalf the business is carried on is the person personally liable on contracts entered into in the course of the business, labouchere v. tupper (1857) 11 moo. p.c. 198. creditors of the business have therefore no right ..... but are sole owners of the business without a separate consideration of the law affecting guardians and minors and the extent to which a minor is liable on contracts made by his guardian. in waghela rajsanji v. shekh masludin i.l.r. (1887) bom. 551 it has been held by their lordships of ..... debts, and if the proper steps are taken this right can be made available for the benefit of the creditors. in india section 247, indian contract act, which allows a minor to be a partner and declares the share of the minor in the property of the firm to be liable for .....

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Apr 24 1911 (PC)

Sanka Krishnamurthi Vs. the Bank of Burma Ld.

Court : Chennai

Decided on : Apr-24-1911

Reported in : 14Ind.Cas.389

..... the business, creditors of the business, it has been held, are entitled to proceed directly against such assets. where, however, the guardian has no right to indemnity against the assets in the business, as where he has acted improperly, neither have his creditors, as held by sir george jessel in in re johnson; shearman ..... style of sankaramasawmy and son the family business of general merchant and; commission agent heretofore carried on under the style of sankaramasawmy, to enter into any contracts or agreements of any kind with any other person or persons, firm or firms, company or companies, to deposit or withdraw monies in or from any ..... and that the guardian or legal representative, and not the minor or beneficiary on whose behalf the business is carried on, is the person personally liable on contracts entered into in the course of the business labouchere v. tupper 11 moore p.c. 198 : 5 w.r. 797. creditors of the business have, ..... sole owners of the business, without a separate consideration of the law affecting guardians and minors, etc., and the extent to which a minor is liable on contracts made by his guardian. in waghela rajsanji v. shekh masludin 11 b. 551 : 14 i.a. 89 it has been held by their lordships of ..... debts and if the proper steps are taken, this right can be made available for the benefit of the creditors. in india, section 247, indian contract act, which allows a minor to be a partner and declares the share of the minor in the property of the firm to be liable for the .....

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Apr 24 1911 (PC)

Sanka Krishna Murthi, Minor, by Guardian Ad Litem Sriram Lakshmikantha ...

Court : Chennai

Decided on : Apr-24-1911

Reported in : (1911)21MLJ620

..... of direct recourse against the minor or his estate, but as the guardian is entitled to indemnity for liabilities properly incurred out of the assets of the minor embarked in the business, creditors of the business, it has been held, are entitled to proceed ..... of sanka ramasami & son the family business of general merchant and commission agent heretofore carried on under the style of sanka ramasami, to enter into any contracts or agreements of any kind with any other persons, firm, or firms, company or companies, to deposit or withdraw monies in or from any bank or ..... england, and that the guardian or legal representative and not minor or beneficiary on whose behalf the business is carried on is the person personally liable on contracts entered into in the course of the business labouchere v. tapper (1857) 11 moo. p.c. 198. creditors of the business have therefore no right ..... are sole owners of the business without a separate consideration of the law affecting guardian and minors, etc, the extent to which a minor is liable on contracts made by his guardian. in waghela rajsanji v. shek masludin i.l.r. (1887) b. 551 has been held by their lordships of the judicial ..... debts and if the proper steps are taken the right can be made available for the benefit of the creditors. in india section 247, indian contract act, which allows a minor to be a partner and declares the share of the minor in the property of the firm to be liable for .....

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Apr 10 1911 (PC)

Kamini Debi Vs. Pramatha Nath Mookerjee

Court : Kolkata

Decided on : Apr-10-1911

Reported in : (1912)ILR39Cal33

..... be afforded an opportunity to examine, and, if necessary, to challenge the estimate. after the estimate has been settled by the court, the work will be entrusted (on a formal contract) to a firm of contractors selected or approved by the court; and as the work progresses, such portion of the fund in deposit as may be needed for the. purpose ..... be able to pay the contractors after calling for a report from some expert, and this procedure should be noted in the contract to execute the work, the court has ample power to give suitable directions, so that a proper contract to complete the repairs and to effect the necessary improvements on the property may be made, verified, and carried out under .....

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Apr 03 1911 (FN)

Vilas Vs. Manila

Court : US Supreme Court

Decided on : Apr-03-1911

..... case: "the state's plenary power over its municipal corporations to change their organization, to modify their method of internal government, or to abolish them altogether, is not restricted by contracts entered into by the municipality with its creditors or with private parties. an absolute repeal of a municipal charter is therefor effectual so far as it abolishes the old corporate ..... clause, and provides for the repeal of "all acts, orders, and regulations" which are inconsistent with the provisions of the act. the charter contains no reference to the obligations or contracts of the old city. if we understand the argument against the liability here asserted, it proceeds mainly upon the theory that, inasmuch as the predecessor of the present city, the ..... by a mere change of sovereignty is obviously one which is without a shadow of moral force, and, if true, must result from settled principles of rigid law. while the contracts from which the claims in suit resulted were in progress, war between the united page 220 u. s. 354 states and spain ensued. on august 13, 1898, the city was ..... no evidence that the credit was given to the carriedo fund so held in trust under the will of carriedo. the contract was made with the ayuntamiento of manila, just as all other contracts for city supplies or works were made. the contract not having been made with special reference to the liability of the fund held in trust by the city, but .....

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Jun 26 1911 (PC)

Glendinning Vs. Hope and Co

Court : House of Lords

Decided on : Jun-26-1911

..... incurred, and, in the second place, to retain such properties as come into his hands in his character of agent until his claim for indemnity has been satisfied. the most apt example of the principle is probably the case of mercantile factors and commission-agents. it is held both in ..... until some counter obligation is paid or performed. in its simplest application the rule depends on the fundamental principle that one party to a mutual contract cannot enforce performance of its obligations in his own favour without giving or tendering performance of the obligations incumbent upon himself. accordingly, if the appellants ..... with the 200 shares, demands delivery of the transfer for the first 100. in answer mr hope refuses to accept his determination of the second contract, and intimates that the transfer will not be delivered until the loss which he had incurred should be repaid. the next question is whether ..... to the non-delivery of the transfer, either on 26th august or 10th september, it is necessary to consider what was the nature of the contract entered into between the appellants and respondent; what the former had bound themselves to do, and were paid to do. they were not employed merely ..... the appellants, on behalf of the respondent and as his brokers, purchased 200 globe and phnix mining shares for a sum, including brokerage and contract stamp and transfer and registration fee, of 865. neither is it disputed that the respondent, by his letter of 13th september 1909, repudiated that .....

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