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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1914 Page 1 of about 171 results (0.037 seconds)

Apr 20 1914 (FN)

German Alliance Ins. Co. Vs. Lewis

Court : US Supreme Court

Decided on : Apr-20-1914

..... the constitution, he also has the right to name the wage for his labor and to fix the terms of contracts of indemnity, whether they be contracts of indorsement or suretyship or contracts of indemnity against loss by fire, flood, or accident. in view of what judge cooley calls the general supposition that "the ..... have themselves fixed this charge, and this makes most strongly in favor of their right to continue to agree upon the price of a private contract of indemnity against loss by fire. the act now under review not only takes property without due process of law, but it unequally and arbitrarily selects ..... "the number of transactions do not give the business any other character than magnitude." the character of insurance, therefore, as a private and personal contract of indemnity has not been changed by page 233 u. s. 423 its magnitude or by the fact that more policies and for greater amounts are now ..... be regulated by statute. and such laws are not without english precedent. for while no statute ever before attempted to fix the price of a contract of indemnity, * yet under a parliament that sat as a perpetual constitutional convention, with power page 233 u. s. 421 to pass bills of attainder ..... are classed among those "strictly private." leavenworth county v. miller, 7 kan. 520. the fact that insurance is a strictly private and a personal contract of indemnity puts it on the extreme outside limit, and removes it as far as any business can be from those that are in their nature public. .....

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Nov 13 1914 (PC)

S.P. Abraham Servai Vs. Raphial Muthirian

Court : Chennai

Decided on : Nov-13-1914

Reported in : AIR1915Mad675; (1914)27MLJ746

..... raised the question whether the district munsif was right.8. being a suit for contribution between joint promisors (there being no express contract for indemnity between the joint promisors) the case must be governed by sections 42-44 of the indian contract act, the effect of which for the present purpose may be stated as follows. where two or more persons have made ..... indemnify similar to that which section 43 implies amongst joint promisors: rather than to section 145 which refers to a contract for indemnity implied between a person who, contracts expressly and solely as a surety on the one hand and the principle debtor on the other hand in order to make section 145 applicable to joint promisors the contractual ..... the suretyship between the promisors inter se section 132. thirdly there is the case of an express contract of indemnity (section 124) as distinct from a promise to indemnify implied by section 145 in a contract of guarantee. all these rights and liabilities are analogous to the one with which we have to deal. but if and in so far as the direct ..... that though the joint promisor's right is analagous to the surety's right of indemnity under. section 145, there are distinctions between the two. the right of indemnity referred to in section 145 and the connected section 126-131, 133-147 inheres in a person who contracts with the promisee himself expressly and solely as surety : in such a case the right .....

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Apr 06 1914 (FN)

Miller Vs. United States

Court : US Supreme Court

Decided on : Apr-06-1914

..... right to rescind any acceptance of a proposal at any time before the signing on behalf of the united states of the formal contract, without the allowance of any indemnity to the accepted bidder." under this proposal, the bid of john b. crittenden to do the called-for work at $46, ..... superior service,' or whenever the public interest in his judgment should require its discontinuance or curtailment for any other cause, he allowing as a full indemnity to the contractor, one month's extra pay on the amount of service dispensed with and pro rata compensation for the amount of service retained and ..... 233 u. s. 6 interest, in his judgment, shall require such discontinuance, change, or curtailment for any other cause, he allowing a full indemnity to contractor one month's extra pay on the amount of service dispensed with, and not to exceed pro rata compensation for the amount of service ..... , on august 11, 1908, the postmaster general issued an order discontinuing the contract service over the route which the contract embraced, to take effect on september 30, 1908, and this order was enforced at the time mentioned and an indemnity allowance of pay for one month only was made the contractor. the petition ..... 000 per annum was accepted, and on the first of february, 1906, a contract was entered into between the government and crittenden and his sureties, john .....

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Oct 06 1914 (PC)

Nallappa Reddi Vs. Vridhachala Reddi and anr.

Court : Chennai

Decided on : Oct-06-1914

Reported in : AIR1915Mad36; 25Ind.Cas.888

..... by 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 contact of indemnity might, no doubt, strictly be said to require that it ..... in a' suit honestly defended by the party entitled to indemnity that there has been a violation of duty ..... should be proved that the indemnity 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 rightly if we may say so, that the contract is substantially broken when the court has found ..... 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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Nov 30 1914 (FN)

Monagas Vs. Albertucci

Court : US Supreme Court

Decided on : Nov-30-1914

..... recorded into an unconditional one. the findings disclose that there was no evidence that the right to redeem had been exercised within the time fixed by the contract, that the purchaser inscribed that fact upon the records, and that thereby she became apparently the indefeasible owner. the following facts, however, relating to ..... authorities which the court cited and relied upon as sustaining its action expressly recognized that testimony was admissible for the purpose of showing that a contract of conditional sale was one of mortgage, but pointed out the nature and character of the testimony and the force of the proof required ..... degree asserting the existence of a mortgage as now relied upon. indeed, the findings fail to show anything directly or indirectly asserting that view of the contract prior to its being made the basis of this suit, filed, as we have seen, in august, 1909. the conclusions drawn from the findings ..... that the findings if accepted do not support the conclusion which the court based on them, it is sufficient to give the following summary: the contract in question was notarial in form, on its face a sale transferring ownership and possession to the purchaser for a stipulated cash price, conditioned, however ..... or liability between the parties. if such exists, the conveyance may be held to be merely a security for the debt or an indemnity against the liability. on the contrary, if no debt or liability is found to exist, then the transaction is not a mortgage, but merely .....

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Apr 06 1914 (FN)

Russell Vs. Sebastian

Court : US Supreme Court

Decided on : Apr-06-1914

..... this state shall, under the direction of the superintendent of streets or other officer in control thereof, and under such general regulations as the municipality may prescribe for damages and indemnity for damages, have the privilege of using the public streets and thoroughfares thereof, and of laying down pipes and conduits therein, and connections therewith, so far as may be ..... devoted to the described public service and an assumption of the duty to perform that service. that the grant, resulting from an acceptance of the state's offer, constituted a contract, and vested in the accepting individual or corporation a property right, protected by the federal constitution, is not open to dispute in view of the repeated decisions of this ..... los angeles in accordance with the general regulations of the municipality in regard to such work. 163 cal. 668 reversed. the facts, which involve the construction and constitutionality under the contract clause of the federal constitution of provisions of the constitution of california in regard to right of gas and water companies to excavate streets in municipalities for their mains, and ..... acceptance and preparation for compliance with the offer, the grant cannot be withdrawn as to the streets in which pipes have not been laid. such action would impair the contract. the duty of a public service corporation to extend its service to meet reasonable demands of the community is correlative to the obligation of the municipality to allow the service .....

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1914

Manhattan Life Ins. Co. Vs. Cohen

Court : US Supreme Court

Decided on : Jan-01-1914

..... 128 relieve it from responsibility, its failure to secure that result, and its payment to hilsman of the amount upon the giving by him of indemnity, all substantially as alleged in the pleadings we have stated. the agreed facts contained this statement: "it was not the purpose of the insurance company ..... contention concerning the wrong which it was insisted was done in declaring the assignment of the policies void because of the gambling nature of the contract, and yet permitting the assignor to hold on to the price paid for such assignment. that question was involved in and controlled by the ..... the constitution in many particulars, but more especially with reference to the action of the court in treating the sales of the policies as texas contracts, and refusing to apply the georgia law, which admittedly differed fundamentally from that of texas. it is elementary that a federal question may not ..... one, the court would not allow the executor of cohen to derive any rights from assailing that transaction, but would leave the parties where their illegal contract had placed them -- that is, let the assignment to hilsman stand, and hence leave no right in cohen, executor, to recover; (4) that ..... the recourse of the plaintiff was against hilsman, and not against the company; (2) that the transfer of the policies to hilsman was a georgia contract, and valid under the law of that state because the existence of insurable interest at the time of the transfer, although necessary under the texas law .....

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Nov 06 1914 (PC)

Khimji Vasanji Vs. Narsi Dhanji

Court : Mumbai

Decided on : Nov-06-1914

Reported in : AIR1915Bom300; (1915)17BOMLR225

..... bring myself to believe, that without the addition of other elements, it does, i assume that the word 'procuring' in this compendious phrase connotes knowledge of the existence of the contract which the defendant procures to be broken. even so, in the absence of express malice, i do not think that looking at the development of the doctrine historically and theoretically ..... long regarded the relations created by contract between master and servant. it may, however, be doubted whether an action could have been brought in the civil courts for conspiracy to procure the breach of a great ..... which plus damage gives an action at civil law must be a conspiracy which without damage would have been indictable. a conspiracy to coerce indentured servants to break their labour contracts would certainly have been indictable, and the whole current of conspiracy actions in the civil courts shows how directly they are derivable from the peculiar sentiments with which the legislature ..... hundred criminal convictions and if mere knowledge is held in law to involve malicious intention for all purposes of an action for damage for procuring the breach of a subsisting contract, nothing much is gained, in the direction of theoretical perfection at any rate, by peremptorily ruling out all considerations of intention. there is, in fact, whatever the law may .....

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Nov 06 1914 (PC)

Khimji Vassonji and anr. Vs. Narsi Dhanji and ors.

Court : Mumbai

Decided on : Nov-06-1914

Reported in : (1915)ILR39Bom682

..... bring myself to believe, that without the addition of other elements, it does. i assume that the word 'procuring' in this compendious phrase connotes knowledge of the existence of the contract which the defendant procures to be broken. even so, in the absence of express malice, i do not think that looking at the development of the doctrine historically and theoretically ..... long regarded the relations created by contract between master and servant. it may, however, be doubted whether an action, could have been brought in the civil courts for conspiracy to procure the breach of a great ..... which plus damage gives an action at civil law must be a conspiracy which without damage would have been indictable. a conspiracy to coerce indentured servants to break their labour contracts would certainly have been indictable, and the whole current of conspiracy actions in the civil courts shows how directly they are derivable from the peculiar sentiments with which the legislature ..... hundred criminal convictions and if mere knowledge is held in law to involve malicious intention for all purposes of an action for damage for procuring the breach of a subsisting contract, nothing much is gained, in the direction of theoretical perfection at any rate, by peremptorily ruling out all considerations of intention. there is, in fact, whatever the law may .....

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Sep 17 1914 (PC)

The South Indian Industrials Limited formerly known as the Arbuthnot's ...

Court : Chennai

Decided on : Sep-17-1914

Reported in : AIR1915Mad509; (1914)27MLJ501

..... defendants and that the plaintiffs were aware of this.32. on these findings of fact, it follows that as the plaintiffs knew that the defendants and arbuthnot & co. were independent contracting parties, they can have no right of action. even granting that the plaintiffs were not aware that arbuthnot & co., were dealing with the defendants with their own interests, the industrials ..... deposit would have been returned or transferred to the new company. neither of these things was done and i have no hesitation in holding that the defendants did contract and believed they were contracting only with arbuthnot & co., in supplying jute and in purchasing the gunny bags. this position is rendered clearer still by a reference to exhibit viii. that document ..... richmond relies upon exhibit j. series to rebut this presumption. it appears from these documents that arbuthnot & co., debited the industrials with the advances made to the defendants under the contracts. these adjustments have not been shewn to have been done with the knowledge and consent of the defendants. on the other hand this correspondence (exhibit j. series) reads as if ..... 1905 addressed. 'the managing agents, arbuthnot's industrials ltd.' in which they thank the industrials for allowing them to deliver in next november and december 'the unfulfilled portion of contracts of jute of the present crops.' this is the clearest proof that they knew that the firm was acting in these jute transactions as the agents of the industrials and .....

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