Court : Allahabad
Decided on : Apr-16-1926
Reported in : AIR1926All605; 95Ind.Cas.913
..... , either of these contingencies read distributively was sufficient to give him a cause of action. if the two contingencies be read together there would still be an implied contract of indemnity to pay the plaintiff the damage which he may suffer in consequence of the delay and the suit would be within time. in kaliyammal v. kolandavela goundar air 1918 ..... , apart from a suit by the mortgagee, taking effect. it is true that in a madras case, kaliyammal v. kolandavela goundan air 1918 mad 1135 a similar contract was held to be one of indemnity governed by article 83 on the strength of the privy council decision in izzat-un-nissa v. partab singh (1909) 31 all 583. but the privy council ..... ,000 and litigation ensued, the defendant would be liable for costs of the litigation and for interest on the said sum.14. this, however, was a particular clause constituting a contract of indemnity in a certain event. as the mortgagee never sued the plaintiff, nor was the plaintiff involved in a suit in consequence of the non-payment, this ..... singh v. mohendra prasad (1912) 16 cwn 1040 and kumar nath bhuttacharjee v. nobo kumar bhuttajee (1899) 26 cal 241 a contract of indemnity may be express or implied. hare there was an express agreement for the payment of the indemnity in case the vendee failed to pay the money left with him, and the plaintiff was landed in a suit in consequence .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-11-1926
..... option, the transaction could be carried out only through and by members of exchanges open to sales for future delivery. the stipulated facts reveal the cost, terms, and use of "indemnity" contracts, together with their relation to boards of trade, and indicate quite plainly that 3 was not intended to produce revenue, but to prohibit all such ..... to recover two hundred dollars paid for internal revenue stamps which, after due protest, he affixed to a written "privilege or option for a contract for the sale of grain in the form commonly known as an indemnity," as required by 3 of the "future trading act," approved august 24, 1921. 42 stat. 187, c. 86. if, as he insists, that section ..... trade, in consideration of one dollar, signed and delivered the following privilege or option, in the form commonly known as an "indemnity," addressed to r. f. teichgraeber, for a contract for the sale of grain: "i will sell one thousand bushels of contract grade wheat at $1.11 1/4 per bushel, for delivery during may, 1924, same to be delivered in regular ..... stamps. for many years prior to august 24, 1921, members of grain exchanges bought and sold in large quantities agreements for contracts for purchase or sale of grain subject to acceptance within a definite time thereafter, commonly known as "indemnities." when the holder of one of these elected to exercise his rights, the specified amount of grain was bought or sold on .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-17-1926
Reported in : (1926)28BOMLR1275
..... offer of april 18, and withdraw from the partnership on being paid rs. 13,626-6-3 standing to his credit in the books and on being given an indemnity against all contracts then pending.20. varadachary replied on may 21 that he was willing to pay whatever shown by the accounts and not the sum of rs. 13,626-6-3 ..... he was willing to pay the applicant in full the amount he had paid and release him from the deed of partnership, indemnifying him from all claims in respect of contracts still pending. the applicant replied on april 25, 1923, noting that varadachary agreed not to do any fresh business and reserving to himself the option of going out of the .....Tag this Judgment!
Court : Chennai
Decided on : May-07-1926
Reported in : AIR1927Mad99; (1926)51MLJ765
..... entitled to enforce such a course on an unwilling defendant. to take any other view appears to me to be giving the plaintiff not merely an indemnity but a bonus. i am, therefore, of opinion that where a plaintiff without the consent of the defendant elects only to sue for the return ..... interest was allowed. it cannot help the appellant. in in re, hargreaves and thompson's contract (13) lindley, l.j., said:but all such damages as interest and expenses of investigating the title, which, although they are called damages are matters rather ..... .15. i think the principle underlying this dictum is that in such a case interest was recoverable as a damage for the fraud whether arising in contract or in tort. in that case the crown intentionally brushed aside all questions of fraud and accepted repayment of money paid by mistake. so, no ..... and also lent him several sums at different times. the court held that interest is not allowable by law when money is lent generally, without a contract for it expressed, or to be implied from the usage of trade, or from special circumstances or from written securities for the payment of principal money ..... the due time for delivery of the goods and where the seller defaulted in the end and did not deliver the goods he had contracted to deliver. under the contract the advances were merely in anticipation of the purchase price and there was no provision that interest on them should be credited to .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-01-1926
..... must file their claims "within the same limit of time." a like construction of the act was also adopted in pederson v united states, 253 f. 622, 626, and london indemnity co. v. smoot, 287 f. 952, 956. and this we now confirm. by the terms of the act, no creditor can institute a suit until after six months from ..... not filed within the times required by the materialmen's act. these demurrers were rightly overruled. the averments in the declaration, as originally filed and as amended, that the contract between the construction company and the united states was completed and finally settled on september 25, 1920, were not mere conclusions of law, but specific averments of an ultimate fact ..... likewise amended so as to incorporate substantially these same averments, and allege further that the petitions were filed "before the expiration of one year after the completion of said original contract as amended." the defendants filed demurrers to the original and amended declaration and petitions. all of these were overruled. and the amended declaration and petitions were then put at issue ..... district court for eastern virginia, to recover on a bond given by the fleischmann construction company, as contractor, and the national surety company, as surety, for the construction, under a contract with the united states, of a torpedo assembly plant in alexandria. various materialmen and subcontractors filed intervening petitions in the suit. the plaintiff and the intervenors recovered judgment, 298 f .....Tag this Judgment!
Court : Chennai
Decided on : May-06-1926
Reported in : AIR1927Mad179
..... 3rd defendant is entitled to be indemnified by the other defendant but that is nevertheless a liability which he has taken over himself subject to that indemnity.3. i am inclined to go further and say that it is a liability which he never undertook to pay at all. if the final ..... doctrine for which the plaintiffs contend.6. it is contended that when all the parties who are affected are before the court, a stranger to a contract may directly enforce its terms in order to secure an advantage intended for him; and for this position ramaswami aiyar v. devasigamani pillai a. i. ..... liability as argued by the appellant to pay all the debts of the vendor company irrespective of what the assets obtained are and irrespective of the contract between the vendor and the vendee firms. a proposition like the one advanced before us seems to be absolutely unsupported either by authority or by ..... clear in this case that there was no such position created. (his lordship examined the evidence and proceeded.) it would seem, therefore, that on the contract between shukoor and co. and swaminathier there was no undertaking by the latter to pay the plaintiffs' debts. it is difficult to understand how the plaintiffs ..... dismissed the suit against the 3rd defendant. he held that there was no privity of conduct between the plaintiffs and the 3rd defendant and that any contract made between the 3rd defendant and shukoor and co. to pay certain specified debts of that firm could not be taken advantage of by the .....Tag this Judgment!
Court : Chennai
Decided on : Jan-25-1926
Reported in : AIR1926Mad801; (1926)50MLJ602
..... proceeding and may move for an order under section 53 or 54; and if the order is against him, if the official receiver refuses to appeal notwithstanding the offer of indemnity against the costs, the creditor can appeal against the order and may make the official receiver a party to the appeal.' these remarks, while laying down a very salutory rule ..... his discretion he thinks it unnecessary to appear to do so, but finds that a particular creditor thinks an appearance necessary, the proper practice is for him to obtain an indemnity from such creditor and to carry on the contest, recovering his costs from him in case of failure.' these remarks, in my opinion, do not lay down that an aggrieved .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-10-1926
Reported in : AIR1926Bom497
..... itself after, the sale deed had been executed and delivered, it would not suffice. the execution of the deed of sale and of the contract of re-purchase would then form two separate and independent transactions, not two connected and interdependent parts, of one and the same transaction.42. the ..... as an afterthought, subsequent to the execution of exhibit 38.35. the learned judge then considered whether the one transaction was a sale with a contract to re-purchase or a mortgage, and expressed the opinion that it was the former. madgavkar, j., was of opinion that it was impossible ..... principle of the rule against perpetuity may be said to operate, or rather when the estate would be unduly 'tied up' by holding the contract still enforceable, i conceive, the court might legitimately refuse the plaintiff relief by specific performance, and would at moat give him only nominal damages ..... . consequently, the english decisions like london and south. western railway co. v. gomm  2 ch. d. 562, which are based on such contracts creating an equitable interest, and so infringing the rule against perpetuities, would apply. it was not, therefore, really necessary to decide the question whether the law ..... promisor himself during his lifetime, this does not affect the applicability of the rule against perpetuities, when it is sought (as here) to enforce the contract against the heirs of the covenantor.10. on the main question, there is a considerable conflict of authority. i need not set out all the .....Tag this Judgment!
Court : Allahabad
Decided on : Jun-09-1926
Reported in : AIR1927All137
..... act, as being a clog on the equity of redemption. i see no, reason why the parties to a mortgage by conditional sale should be allowed to contract themselves out of the act any more than the parties to any other kind of mortgage.17. there is a further reason why the language of section 58( ..... the disputed property was at the date of the alleged transaction. the property had originally been purchased in 1898 by the vendors for rs. 6,000. the contract of sale in favour of the plaintiff was effected in lieu of rs. 10,000 and it is reasonable to assume that in 1917, when the alleged transaction ..... the transaction was intended to be a mortgage, it was open to a third party like the plaintiff in the present case, who seeks specific performance of a contract of sale to produce evidence to show the real nature of the transaction. in muhammad hamid-ud-din v. fakir chand  42 all. 437 where two ..... by the expiry of the term.7. in thumbuswami moodely v. hossain rowthen  1 mad. 1 their lordships of the privy council pointed-out that the contract of mortgage by conditional sale was a form of security known throughout india and by the ancient law of india, which must be taken to prevail in every ..... have been paid as earnest money and the balance was to be paid at the time of registration. the plaintiff also alleged that in pursuance of the said contract he had paid rs. 500 to raja lalta prashad through the vendors and also advanced rs. 100 for the purchase of the necessary stamp paper for the .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-21-1926
Reported in : AIR1927All321
..... the period of ten years.41. in the present case there is no such limitation. the time for repayment is not of the essence of the contract, which circumstance was prominently relied upon by their lordships of the privy council in the case of narasingerji jyangerji v. panuganti parthasaradhi rayanam garu 47 ..... it is reasonable to believe that the transferee would try to make sure that the relinquishment must therefore have been a part and parcel of the contract of sale and the consideration paid must have been in respect of both the conveyance and the relinquishment. and yet this one transaction was evidenced ..... law, if the vendee subsequently refuses to abide by it. a mere voluntary promise to reconvey without any corresponding consideration would be void as a contract. in such cases therefore it is necessary to consider whether where a conveyance and an agreement are part and parcel of the same transaction the ..... only suggesting itself after the sales-deed had been executed and delivered it would not suffice. the execution of the deed of sale and of the contract of re-purchase would then form two separate and independent transactions, not two connected and interdependent parts of one and the same transaction.34. it ..... passed does not entitle either party to refuse to complete. but on the other hand it is equally well settled that where there is a contract between the owner and another person that if such person shall do a specified act then the owner will convey the land to him the .....Tag this Judgment!