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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1918 Page 1 of about 158 results (0.036 seconds)

Mar 26 1918 (PC)

Komu Kutti Vs. Kumara Menon and ors.

Court : Chennai

Decided on : Mar-26-1918

Reported in : (1918)35MLJ692

..... apply it towards the discharge of the debts. in such cases, the suit will be upon the covenant and not upon an implied or express contract of indemnity. in the ptesent case, i feel no doubt that the suit is brought upon the covenant. the two clauses in ex. a to which mr ..... under consideration in that case, there was an implied contract of indemnity, and if the purchaser expressly covenanted with the vendor to pay the encumbrances, such a covenant as that without more, having regard to the nature ..... . ananthakrishna aiyar and it is this : ' if the purchaser covenants with the vendor to pay the encumbrances, it is still nothing more than a contract of indemnity'. but reading that sentence in the light of the rest of the judgment, it means nothing more than this, that in a transaction of the nature ..... , he should be liable to pay the plaintiff for any damage the latter might sustain. it was held that the agreement was not a mere contract of indemnity. there the learned judges point out in support of their view, that this provision could not detract from the absolute promise to pay contained in ..... any amount, yourself and your properties would be liable for all such losses and amounts etc.' it is contended that these clauses amount merely to a contract of indemnity, and therefore the respondents, the vendors of the property were not entitled to bring this suit, until any loss has been caused to them by .....

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Jun 03 1918 (FN)

Chelentis Vs. Luckenbach S.S. Co., Inc.

Court : US Supreme Court

Decided on : Jun-03-1918

..... the expenses for maintenance and cure for a reasonable time thereafter, whereas in a similar case a shore servant would be entitled to recover full indemnity. therefore, by virtue of the inherent nature of the seaman's contract, the defendant's negligence and the plaintiff's contributory negligence were totally immaterial page 247 u. s. 380 considerations in this case; the sole ..... under the doctrine approved in southern pacific co. v. jensen, no state has power to abolish the well recognized maritime rule concerning measure of recovery and substitute therefor the full indemnity rule of the common law. such a substitution would distinctly and definitely change or add to the settled maritime law, and it would be destructive of the "uniformity and consistency ..... injuries sustained through the negligence of another member of the crew beyond the expense of their maintenance and cure." "4. that the seaman is not allowed to recover an indemnity for the negligence of the master or any member of the crew, but is entitled to maintenance and cure whether the injuries were received by negligence or accident." after reference ..... the negligence and an improvident order of a superior page 247 u. s. 379 officer, he instituted a common law action in supreme court, new york county, demanding full indemnity for damage sustained. the cause was removed to the united states district court because of diverse citizenship. counsel did not question seaworthiness of ship or her appliances, and announced that .....

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Apr 02 1918 (PC)

Meenakshisundara Mudaliar Alias Thyagaraja Mudaliar and Vaithilinga Pi ...

Court : Chennai

Decided on : Apr-02-1918

Reported in : (1918)35MLJ489

..... of krishna mudaliar within the period specified above or execute a bond of indemnity in favour of the 1st defendant. failing either, , the amount payable under the abovementioned promissory note will be deducted from the amount payable ..... by the subordinate judge that specific performance should be decreed on payment of the balance was well within his jurisdiction. there is authority for enforcing the contract in its entirety even though the full amount has not been paid. mr. muthukrishna aiyar quoted bass v. clively (1829) 48 eng. rule ..... the proper remedy to be given, there is room for considerable divergence of opinion. the subordinate judge has decreed specific performance of the entire contract on payment of the balance due. it was argued by mr. krishnaswami aiyar that this provision in the decree indirectly compels the defendant to ..... with reference to the balance remaining unpaid. in south african territories v. wallington (1898) a.c. 309 it is definitely laid down that a contract to lend cannot be specifically enforced, affirming the decision of the court of appeal in south african territories v. wellington (1897) 1 q.b. ..... set aside, and the lower court will be directed to ascertain the damages sustained by the plaintiff by reason of the breach of the contract and pass a decree accordingly. the plaintiff must either produce an acquaintance in respect of the amount payable under the promissory note in favour .....

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Nov 26 1918 (PC)

Bhagwandas Parashram Vs. Burjorji Ruttonji Bomanji

Court : Mumbai

Decided on : Nov-26-1918

Reported in : (1918)20BOMLR561

..... the statement ascribed to the plaintiffs' munim that the delivery of 300 tons was made for the purpose of court proceedings and by the clause in the contracts forbidding delivery to messrs. narandas rajaram and company. their lordships, however, attribute no importance to either of these matters. even if the munim's ..... unlawful; on the contrary, pakki adat dealings are well established as a legitimate mode of conducting commercial business in the bombay market.11. no doubt the contract of a pakka adatia, as that of anyone else, may be by way of wager; but can it be said that the employment of the ..... the other, and so the plaintiffs, acting within their rights, discharged their obligation to the thirty-nine buyers by delivering 300 tons, and by making cross contracts, and paying differences as to the balance of the linseed. the result was, that after giving the defendant credit for the 61,000 rupees deposited as ..... in all to 4,000 tons for september delivery.7. on the strength of this order the plaintiff's sold linseed to this amount by separate contracts to thirty-nine buyers. though the transactions took the form of sales by the defendant to the plaintiffs, followed by re-sales by the plaintiffs to ..... was a matter of no concern to them, except so far as it might enhance the risk of recovering complete indemnity from their employer. their rights was to their commission and to an indemnity against loss as incidents of their employment.16. the mere fact that as to the greater part of the .....

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Apr 04 1918 (PC)

The Official Assignee of Madras and as Such the Assignee of the Proper ...

Court : Chennai

Decided on : Apr-04-1918

Reported in : (1918)35MLJ473

..... minor personally liable for debts incurred by such agent even in fraud of the minor and whether when the guardian herself cannot china the benefit of indemnity against the minor's property, the creditor can claim any right of subrogation to that benefit. as regards the observations in waghela rajasanji v. ..... partnership from the date of their admission to the benefits, unless they publicly repudiate the partnership.20. such being the general effect of the contract act on the question, i will first consider the respondent's liability for the firm's debts incurred during his majority. in nattukottai chetty ..... is in my opinion going beyond the actual necessity of the case to hold members of a hindu trading family personally liable for debts contracted during their minority and i am therefore of opinion that the 2nd defendant is only personally answerable for and liable to be adjudicated an insolvent ..... undivided hindu family, and that the rights and obligations arising out of such a relationship could not be determined by exclusive reference to the indian contract act. they, also, observed that the partnership created by the descent of an ancestral trade upon the members of a hindu undivided family ..... attained majority. as regards debts incurred during his minority the first question is, can he be made liable under section 248 of the indian contract act which makes a minor who has been admitted to the benefits of a partnership within the meaning of section 247 liable on attaining majority .....

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Dec 12 1918 (PC)

Bank Line, Limited Vs. Arthur Capel and Company

Court : House of Lords

Decided on : Dec-12-1918

..... jackson v. union marine insurance co.(3) show that the application of the principle to a charterparty is not excluded by the circumstances that the contract contains an express exemption clause covering what is matter not fundamental in the same sense, loss or damage from restraint of princes. the second question ..... assumption that the steamer was one which could be made available, does not matter. what is clear is that where people enter into a contract which is dependent for the possibility of its performance on the continued availability of the subject-matter, and that availability comes to an unforeseen end ..... the charterers might cancel at once without having to show that the detention was likely to last so long as to put an end to the contract within the meaning of the authorities. the second question must, therefore, be determined - namely, did the requisition of the vessel and the detention ..... first question that falls to be determined is whether, as contended by the respondents, the doctrine of frustration of the adventure as terminating the contract is excluded by the terms of the charterparty. the clauses relied on as having this effect are clauses 26 and 31. in my opinion neither ..... 's expenses and over-head charges are running on and, even with the benefit of protecting and indemnity club policies, the margin of profit is quickly run off. none the less this (1) (1884) 9 app. cas. 434. (2) (1888) hudson on building contracts (4th ed.), vol. ii., 122, 133. (3) [1918] a. c. 128. .....

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Apr 01 1918 (FN)

New York Life Ins. Co. Vs. Dodge

Court : US Supreme Court

Decided on : Apr-01-1918

..... by commutation into extended insurance, a means commonly adopted in nonforfeiture laws, only the specific limitation in question being unusual. the insurance policy sought to be protected was a contract made within the state between a citizen of the state and a foreign corporation also resident or present there. the protection was to be afforded while the parties so ..... right -- often of great value -- freely to borrow money upon a policy from the issuing company at its home office, and would, moreover, sanction the impairment of that liberty of contract guaranteed to all by the fourteenth amendment. reversed. * "sec. 7897. policies non-forfeitable, when. -- no policies of insurance on life hereafter issued by any life insurance company authorized ..... deprive them of any power which a domestic company could not enjoy, thus rendering void or inoperative any provision of their charter or condition in policies issued by them or contracts made by them inconsistent with the missouri law." and this argument we declared unsound, since the "proposition cannot be maintained without holding that, because a state has power ..... the missouri statute applied and inhibited valid hypothecation of the reserve as security therefor, as defendant in error maintains. she cannot, therefore, claim anything upon the theory that the loan contract actually consummated was one which the company had legally obligated itself to make upon demand. in allgeyer v. louisiana, 165 u. s. 578 , we held a louisiana statute .....

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Feb 22 1918 (PC)

The Madras and Southern Mahratta Railway Company Ltd. Vs. Haridoss Ban ...

Court : Chennai

Decided on : Feb-22-1918

Reported in : (1918)35MLJ35

..... liberty to refuse in its discretion to deliver the goods, unless the railway receipt is produced, or unless, if the receipt is not produced, an indemnity is given. there is no reason for saying that the railway holds itself out to the mercantile community as never parting with goods except upon the ..... and the general effect of that decision is that the property in the goods passes by indorsement of the bill of lading, so long as the contract of carriage has not been completed by delivery to the proper consignee. this limitation follows from the very origin of this mercantile custom which as ..... the reason being, in my opinion, that cases of non-delivery are already sufficiently provided by the reference to sections 152 and 161 of the contract act in the earlier section.5. in this matter of requiring notice to the railway company within a reasonable time in order to enable them to ..... of the goods from that time.' the marginal note is, 'bailee's responsibility when goods are not duly returned.' so that these sections of the contract act, which are applied by the indian railways act, purport to deal, not merely with the bailee's duty of safe custody, but also with ..... reddi. two or three days afterwards, swaminatha reddi paid the bank of madras and obtained the railway receipts. when that happened, in our opinion, the contract of carriage by the railway company was entirely completed. swaminatha reddi however did not return the railway receipts to the railway company, but committed a fraud .....

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Feb 22 1918 (PC)

The Madras and Southern Mahratta Railway Company Limited Vs. Haridoss ...

Court : Chennai

Decided on : Feb-22-1918

Reported in : (1918)ILR41Mad871

..... liberty to refuse in its discretion to deliver the goods, unless the railway receipt is produced or unless, if the receipt is not produced, an indemnity is given. there is no reason for saying that the railway holds itself out to the mercantile community as never parting with goods except upon the ..... and the general effect of that decision is that the property in the goods passes by indorsement of the bill of lading so long as the contract of carriage has not been completed by delivery to the proper consignee. this limitation follows from the very origin of this mercantile custom which, as already ..... the reason being in my opinion that cases of non-delivery are already sufficiently provided for by the reference to sections 152 and 161 of the contract act in the earlier section.9. in this matter of requiring notice to the railway company within a reasonable time in order to enable them to ..... goods from that time.6. the marginal note is:bailee's responsibility when goods are not duly returned.7. so that these sections of the contract act, which are applied by the indian railways act, purport to deal not merely with the bailee's duty of safe custody but also with the ..... reddy. two or three days afterwards swaminatha reddy paid the bank of madras and obtained the railway receipts. when that happened, in our opinion, the contract of carriage by the railway company was entirely completed. swaminatha reddy however did not return the railway receipts to the railway company but committed a fraud .....

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Jan 28 1918 (FN)

Supreme Lodge Knights of Pythias Vs. Smyth

Court : US Supreme Court

Decided on : Jan-28-1918

..... , and shall continue to pay the same amount thereafter as long as he remains a member of the endowment rank. " this provision, it is contended, became a part of the contract of insurance with the plaintiff, which could not be changed without his consent, and made unlawful any increase in his assessment. the defense is that power was given to the .....

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