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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1912 Page 1 of about 187 results (0.039 seconds)

Jul 22 1912 (PC)

Ram Borai Singh and ors. Vs. Mohendra Prosad Singh and ors.

Court : Kolkata

Decided on : Jul-22-1912

Reported in : 16Ind.Cas.73

..... in coming to this conclusion, i do not overlook the contention that the statute of limitation constitutes a bar to this suit. but as the contract is one of indemnity, the article that applies is article 83, possibly extended by article 116. but even if it be taken that article 83 alone is the ..... we have in the express agreement of the parties themselves a fair measure of the extent of this indemnity for which they contracted. that amount is manifestly in excess of the damages awarded to the plaintiff by the court of first instance where a decree for rs. ..... an appeal; therefore, that amount cannot be increased by us, and it is only for us in these circumstances to hold, as we do, that the indemnity extended at least to the amount of rs. 425: and we must, accordingly, reverse the decree of the district judge and restore that of the munsif ..... is, i think, by these considerations that we should be guided in this case. there may be some difficulty in determining the precise extent of the indemnity to which the vendor was entitled from the purchaser of the equity of redemption, having regard to the fact that only a part was purchased. but ..... value of that equity of redemption, he contracts to protect his vendor from the obligation of the mortgage. the buyer's contract with the mortgagor is that the debt shall not fall upon him. it is a contract of indemnity and the buyer would be bound without any specific contract to indemnify the seller. tweedale v. tweedale .....

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May 13 1912 (FN)

Philadelphia, B. and W. R. Co. Vs. Schubert

Court : US Supreme Court

Decided on : May-13-1912

..... the alleged defects of a particular scheme may be permitted to determine the validity of the statute, which is general in its application. . . . 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 of enforcement ..... 2071 of the code of iowa. this section, in the cases within its purview, abrogated the fellow servant rule, and the amendment provided: "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 and such corporation or any other person or association acting for ..... , 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. . . . it does not aid the argument to describe the defense as ..... 215 u. s. 87 , 215 u. s. 97 -98), contained explicit provision that such a contract or the acceptance of benefits thereunder should not defeat the action. section 3 of that act was as follows: "that no contract of employment, insurance, relief benefit, or indemnity for injury or death, entered into by or on behalf of any employee, nor the acceptance of .....

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May 13 1912 (FN)

Leary Vs. United States

Court : US Supreme Court

Decided on : May-13-1912

..... principal bill to raise a trust for the government, and also that, so far as appears, it might be brought upon a supposed implied contract, whereas no such undertaking of indemnity would be implied by the law, citing united states v. ryder, 110 u. s. 729 . but observing that the petition might be ..... the petitioner knew of this suit, and still less that she knew the position taken by kellogg. he set up that the stock was taken as indemnity to himself for his promise to indemnify leary, etc., and said nothing about the petitioner's claim. if that claim is well founded and she ..... securities held in trust or on deposit" by kellogg from greene, being the above-mentioned railroad stock, should remain in kellogg's hands as security and indemnity to leary for signing the bond. it goes on to allege greene's failure to appear, a forfeiture of the bond, a suit upon it brought ..... under an agreement indemnifying him as bail of the party fraudulently procuring such funds was, under the circumstances of this case, entitled to intervene. a contract that certain specific assets in the hands of a trustee should be held as security for a specific contingent claim is necessarily express, and is nonetheless ..... amended in these respects, it held that amendment would be unavailing, as the contract was against public policy and void. 163 f. 442. the circuit court .....

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Jul 08 1912 (PC)

Jogemaya Dasee Vs. Akhoy Coomar Das

Court : Kolkata

Decided on : Jul-08-1912

Reported in : (1913)ILR40Cal140,18Ind.Cas.954

..... in the abstract, and no objection to the title shall be allowed.' the first point mr. matter has made on that is with reference to this deed of indemnity. the deed of indemnity not affecting the title, the purchaser is not bound to accept the recitals in that document as conclusive on matters relating to the title, unless he has by express ..... of title with which the abstract commences or purports to commence has got to be, prima facie, a document which is a proper root of title, and a deed of indemnity indemnifying the past committee of a lunatic obviously has nothing to do with the title at all, and that document is in no sense a root of the title.4 ..... reference to a document in the abstract. that document it is true is not a document dealing with the title of the property at all, but is a bond of indemnity. true it is that it contains recitals of importance relating to the pedigree, but not in any way of itself affecting the title to the property. he said the abstract ..... condition contracted to do so.5. the other portion of the conditions mr. mitter has relied upon is as to the purchaser accepting the title as disclosed in the abstract .....

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May 27 1912 (FN)

United States Fidelity and Guaranty Co. Vs. Bray

Court : US Supreme Court

Decided on : May-27-1912

..... of the eichels. by the bill the surety company asserts (1) that, under the indemnity agreements made with it by the contractor, under the contracts with the government and the bonds given pursuant to the act of august 13, 1894, supra, for their performance, and ..... to the payment of general claims as to which recourse cannot be had to the bond of the contractor. the seven banks which gave the indemnity bond to the surety company are no longer creditors of the bankrupt's estate, their claims being now held by bray or one or both ..... 19, 1905, had on hand a balance of $36,602.96, subject to allowances and costs of administration yet undetermined. the completion of the contracts was undertaken in the expectation of all concerned that a profit to the estate would result therefrom, but the expectation was not realized. in march, 1906 ..... and expense whatever incurred by said the united states page 225 u. s. 209 fidelity & guaranty company in adjusting such loss or in completing said contract, as conclusive evidence against it, its successors and assigns, of the fact and extent of its liability under said obligation to the said the united states ..... the bankrupt's estate, who was sued in that capacity and also as an individual, is a citizen and resident of indiana. the bankrupt, the evansville contract company, was no indiana corporation. of course, the national banks are federal corporation, but their citizenship and places of residence are, for jurisdictional purposes, as .....

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Dec 02 1912 (FN)

German Alliance Ins. Co. Vs. Home Water Supply Co.

Court : US Supreme Court

Decided on : Dec-02-1912

..... had therein was indirect -- that incidental benefit only which every citizen has in the performance of every other contract made by and with the government under which he lives, but for the breach of which he has no private right of action. he is ..... page 226 u. s. 231 agreement was not made to pay a debt or discharge a duty to the spartan mills, but, like other municipal contracts, was made by spartanburg in its corporate capacity, for its corporate advantage, and for the benefit of the inhabitants collectively. the interest which each taxpayer ..... the much controverted question as to a water company's liability to a taxpayer for failure to furnish fire protection according to the terms of its contract with the city. the courts have almost uniformly held that municipalities are not bound to furnish water for fire protection. such was the unquestioned ..... water supply company on the ground that the fire could easily have been extinguished and the damage prevented if the water company had complied with its contract and duty to furnish the inhabitants of the city with water for fire protection. the complaint alleged that, on february 14, 1900, the city ..... right to fire protection if, instead of doing so itself, the city contracted with a private company to furnish water. it bought the citizen no new right of action, and did not bargain to secure for him an indemnity against loss by fire, but left him to protect himself against that hazard .....

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May 22 1912 (PC)

Ram Partap Rai Vs. Ram Phal Teli and ors.

Court : Allahabad

Decided on : May-22-1912

Reported in : 18Ind.Cas.9

..... section shows clearly the class of cases to which it is intended to apply. nor is the plaintiff entitled to sue upon what may be described as the covenant of indemnity in this deed of the 19th of june 1903, i.e., the stipulation that in case of failure to put him in possession, he may sue for principal and interest ..... it had been entered into or that the contract became void after it had been entered into. the parties entered into an unlawful agreement under which it was sought to bind one of them to do something forbidden by ..... bind themselves under penalty to do an illegal act, i.e., to give possession of their occupancy holding.2. i am further of opinion that section 65 of the indian contract act ix of 1872 has no application to a case like the present, where it cannot be said that any agreement between the parties was discovered to be void after ..... plaintiff in return for his loan was unlawful and this deed of the 19th of june 1903, consequently, constitutes a void agreement by reason of section 24 of the indian contract act ix of 1872. i do not consider that section 58 of the same act applied to the present case as there was no alternative promise capable of being separated .....

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Jan 15 1912 (FN)

Second Employers' Liability Cases

Court : US Supreme Court

Decided on : Jan-15-1912

..... provisions of this act, such common carrier may set off therein any sum it has contributed or paid to any insurance, relief benefit, or indemnity that may have been paid to the injured employee or the person entitled thereto on account of the injury or death for which said action was ..... possesses the power to impose that liability, which we here hold that it does, it also possesses the power to insure its efficacy by prohibiting any contract, rule, regulation, or device in evasion of it. coming to the question of classification, it is true that the liability which the act creates ..... to exempt itself from the liability which the act creates is repugnant to the fifth amendment to the constitution as an unwarranted interference with the liberty of contract. but of this it suffices to say, in view of our recent decisions in chicago, burlington & quincy railroad co. v. mcguire, 219 u ..... are so engaged, and (3) because the act offends against the fifth amendment to the constitution (a) by unwarrantably interfering with the liberty of contract, and (b) by arbitrarily placing all employers engaged in interstate commerce by railroad in a disfavored class, and all their employees engaged in such commerce ..... a liability imposed by congress on interstate carriers does not deprive any person of property without due process of law, or abridge liberty of contract in violation of the fifth amendment. quaere whether an element of the due process provisions of the fifth amendment is the equivalent of the .....

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Jun 07 1912 (FN)

Zeckendorf Vs. Steinfeld

Court : US Supreme Court

Decided on : Jun-07-1912

..... in our minds that the stockholders intended to affirm the previous transactions except so far as they related to steinfeld's right to hold the money and notes for his indemnity, and that steinfeld acquiesced in such modification as one of the stockholders. in interpreting the action of the stockholders in passing the resolution, the facts and circumstances surrounding them may ..... , with interest, and upon your assuming and guaranteeing with security satisfactory to me the performance on your part, of all the matters and things and payments which, under the various contracts, i am liable or responsible for. to this end, i herewith submit to you the following proposition." the silver bell company was given until october 15, 1901, to accept the ..... mining operations. william and julia zeckendorf were the owners of a certain mine known as the old boot or mammoth mine, which was being operated by the carl nielsen under contract with steinfeld as trustee of the owners. nielsen became so indebted to the partnership that, in order to secure such indebtedness, in january, 1899, a company was incorporated under the ..... court. under the circumstances, the appointment of a receiver and his continuance for final settlement of the affairs of the company was proper. the facts, which involve the construction of contracts relating to sale of mining properties in arizona, are stated in the opinion. mr. justice day delivered the opinion of the court. louis zeckendorf brought this suit in the district .....

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Jan 15 1912 (FN)

Herrera Vs. United States

Court : US Supreme Court

Decided on : Jan-15-1912

..... action was embraced in the stipulation in the treaty of peace between spain and the united states, by which they "mutually relinquished all claims for indemnity, national and individual, of every kind, of either government, or of its citizens or subjects, against the other government, that may have arisen ..... such destruction was wrongful and unnecessary, a tort was committed, and though committed in the interest of the united states, there was no element of contract, and the action was not one of which the court of claims could "take cognizance, whatever other redress was open to the plaintiff." we have ..... , as expressed in the act, omitting grounds of action with which the case was not concerned, that court was given jurisdiction of suits "upon any contract, express or implied, with the government of the united states, or for damages, liquidated or unliquidated, in cases not sounding in tort." considering whether ..... and that, besides, the record does not show a "convention between the parties" or circumstances from which a contract could be implied, and that therefore the case is one sounding in tort, and claimants have no right of recovery. the court found as ..... worth" the sum of $5,000, amounting in all to the sum of $93,200. claimants base their right to recover upon an implied contract arising from the facts which we shall presently detail. opposing this view, the government contends that the property was enemy property seized for military uses, .....

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