Court : Chennai
Decided on : Jan-31-1928
Reported in : AIR1928Mad588; 110Ind.Cas.484
..... decree against two persons jointly and severally, each is liable to contribute equally to discharge the decree, and there is always in such cases an implied contract of indemnity that, if one of them should be compelled to pay up more than his share, the other is bound to make good the same. this is ..... .5. as stated by lindley, l. j., in the case of edmunds v. wallingford 14 q.b.d. 811, the right to indemnity or contribution exist in such cases although there may be no express agreement to indemnify or contribute and although there may be in that sense no privity ..... paying off a right to levy contribution from his other partner without reference to the partnership accounts,' because on the legal principle that under the contract of the partnership each partner is only the agent of the other and the rights of the partners are not with reference to single items of ..... subject to any other rights or obligations. no doubt if it should be established that, having reference to the facts of the particular case, such implied contract as between co-judgment-debtors should be deemed to be displaced, then the legal principle may not be applicable. thus if, for instance, one of ..... then it follows that the implied obligation of the principal debtor under the contract of guarantee to keep the guarantor indemnified from any loss or damage would displace or be available to be set off against the other implication of indemnity. again, if the judgment-debtors inter se should be found to have .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-19-1928
Reported in : AIR1929Cal208,118Ind.Cas.882
..... lord justice was there expounding the doctrine of the common law, which he recognized was different to the rule in equity. moreover in that case the right of indemnity did not arise from contract but from a trust and the learned judge goes on to say at p. 714:it would not be right for a trustee to obtain money from this ..... p. 486 says:moreover, i think this decision follows logically on the manner in which courts of equity had given effect to contracts of indemnity. in many cases they had ordered the indemnifier to pay the debt against which the indemnity had been given though nothing had been paid by the person indemnified. cruse v. paine  4 ch. 441 is an example ..... law would not in any way have recognized. equity has always taken a wider and more liberal view of these rights of indemnity than the old common law courts did. it is settled at common law that, given a contract of indemnity, no action could be maintained until actual loss had been incurred. the common law view was first pay and then come ..... the learned judge. i do not think that the contention of the respondents is sound. how the person who receives payment of a sum of money under a contract of insurance or re-insurance, or, i will add, of indemnity, deals with that sum is, in general and apart from special considerations, no concern of the party who, in fulfilment of his .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-14-1928
..... against the insolvent bank until he had been paid in full, and in no way involved the national surety company's present separate claim on its contract of indemnity, and that the plea of res judicata was consequently ineffective. but, as the certiorari was granted to review the other branch of the case, ..... the right now asserted by the respondent arises not from subrogation to the rights of the treasurer, but upon its independent agreement with the bank for indemnity. the bank's undertaking was to indemnify respondent for liability which it might "sustain or incur" by reason of its having given its surety bond, ..... on demand. the deposits at the time of the insolvency exceeded the amount of the bond. the district court directed that dividends on the claim for indemnity be postponed until the county treasurer should have been repaid the full balance of his deposit. the circuit court of appeals for the eighth circuit reversed ..... . the respondent national surety company brought this action against the receiver to compel the allowance of and payment of dividends on its claim upon an indemnity agreement executed by the bank. the agreement was contained in the bank's application for a bond by which the bank as principal and the respondent ..... rights and liabilities or sureties and in the distribution of insolvents' estates, they likewise forbid the surety to secure by independent contract with the debtor indemnity at the expense of the creditor whose claim he has undertaken to secure. reversed. .....Tag this Judgment!
Court : Chennai
Decided on : Aug-31-1928
Reported in : 114Ind.Cas.226
..... other hand, mr. watrap subramania ayyar has cited dorasinga tevor v. arunachalam chetti 23 m. 441 which, apparently decided that an agreement of this sort is not merely a contract of indemnity but the defendant is bound to discharge the debt within a reasonable time and his failure to do so within three years was a breach notwithstanding the fact that the .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-25-1928
Reported in : AIR1929Cal315
..... consistent with justice, equity and good conscience: magniram v. mehdi hossain khan  31 cal. 95. the right to contribution though an equitable right arises out of an implied contract of indemnity between the parties liable for the same debt. this contractual obligation attaches to each of the persons liable to satisfy the common debt. but this right is not confined to .....Tag this Judgment!
Court : US Supreme Court
Decided on : Nov-19-1928
..... damage for the purpose of full indemnity to the injured party." 1 sutherland on damages (4th ed.) 300, p. 939. in wilson v. city of troy, 135 n.y. 96, the new ..... district court." in united states v. north carolina, 136 u. s. 211 , 136 u. s. 216 , this court said: "interest, when not stipulated for by contract, or authorized by statute, is allowed by the courts as damages for the detention of money or of property, or of compensation, to which the plaintiff is entitled. . . ..... the damages" as matter of law, said (pp. 104-105): "the reason given for the rule is that interest is as necessary a part of a complete indemnity to the owner of the property as the value itself, and, in fixing the damages, is not any more in the discretion of the jury than the value. ..... is no part of the damages. but, very clearly, i think, the settled rule is to the contrary. when the obligation to pay interest arises upon contract, it is recoverable thereon as damages for failure to perform, "and, when recoverable in tort, it is chargeable on general principles as an additional element of ..... are of opinion that they were. we start with the rule that the united states is not liable to interest except where it assumes the liability by contract or by the express words of a statute, or must pay it as part of the just compensation required by the constitution. seaboard air line ry. .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-09-1928
Reported in : (1929)31BOMLR158
..... that the plaintiff would so arrange matters that nothing but differences should be payable by him. the plaintiff accordingly entered into contracts on behalf of the defendant, upon which the plaintiff became personally liable; and he sued the defendant for indemnity against the liability incurred by him and for commission as broker. the court held that the plaintiff was entitled to ..... east india cotton association rules, badla or transactions which are carried forward from settlement day to settlement day until the vaida date are provided for, and even in 'hedge' contracts the liability to give or take deli-; very is not altogether eliminated. the settlement days of the east india cotton association are less frequent than those of the mahajan association ..... khandi transactions constitute a legitimate business and are practically on the same footing as the transactions carried on by the east india cotton association by means of forward contracts commonly known as 'hedge' contracts. the differences between the two forma of transactions according to the accused are : (1) a difference in the unit for business, and (2) a difference in ..... recover; for the employment of the plaintiff by the defendant was not against public policy, and was not illegal at common law, and, further, was not in the nature of a gaming and wagering contract against the .....Tag this Judgment!
Court : Chennai
Decided on : Dec-14-1928
Reported in : 121Ind.Cas.609; (1929)56MLJ657
..... so interested, the advantage so gained but subject to re-payment by such persons of their due share of the expenses properly incurred, and to an indemnity by the same persons against the liabilities properly contracted in gaining such advantage.21. lastly section 95 says:the person holding property in accordance with any of the preceding sections of this chapter must, so ..... 1 to 3 after the date of the dissolution relies on hajee summar sait v. mahomed husshum sait (1916) 4 l.w. 521 and also on section 241 of the contract act which according to him supports the view that whatever is due to an outgoing partner or to the representative of the deceased partner is a debt and nothing else ..... as it stood on the date of its dissolution. that is the rule enacted in section 42 of the english partnership act. there is no corresponding provision in the indian contract act,...but it is contended that section 42 of the english act merely enacted what had prior to that act been held to be the law in a long series ..... on the 1st margali, 1096. since then he became a divided member. plaintiff is not therefore entitled to the benefits of nor is he liable to the obligations under any contracts entered into since he left the business.15. with reference to this plea the fourth issue in the case was framed in the following terms : 'whether plaintiff has no interest .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-05-1928
Reported in : AIR1928Bom427; (1928)30BOMLR1149; 113Ind.Cas.27
..... probably be worth much less now, and taking into consideration the possibilities that no claimant may ever appear, and the facts, that somnath has executed an indemnity clause, and the further order to be made on the point, i agree that the decree should be confirmed and the appeal dismissed with costs, as ..... holder of the equity of redemption. therefore we are not concerned with the question whether it would be proper to allow the plaintiff to rescind the whole contract, because of the loss that might be involved in depriving him of no. 108-2; otherwise, i do not think that the judgment of their ..... grant to the plaintiff. the question before him became one simply of damages to be awarded under section 73 of the indian contract act, and in awarding damages it is an ordinary rule that a change of circumstances may be taken into consideration. thus it is said in mayne ..... husain i.l.r (1924) all, 324. inasmuch as the plaintiff has failed to establish that he is entitled to a complete rescission of the contract, it seems to me that the subordinate judge was perfectly correct in allowing this subsequent acquisition to be taken into account in deciding what relief he should ..... this entry and this defect in title, it is clear that there was no mutual mistake which would bring the case under section 20 of the indian contract act. therefore, we come to the two other contentions as to fraud and misrepresentation.3. it is quite clear that, if the plaintiff could with .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-11-1928
Reported in : AIR1928Bom548; (1928)30BOMLR1391
..... his principal, but guaranteeing the solvency of the sub-purchasers, and while entitled to charge against his principal his expenses, and entitled also to an indemnity from his principal against all losses resulting from carrying out his duty, is under an obligation to pay to his principal the amount due after the ..... , however, prefer to follow the view taken in tika ram v. daulat ram (1924) 46 all. 465. where it was held that unless the contract clearly indicated the contrary, the accounting and the payment by an agent of this kind, namely pakka adatya agent, must necessarily be done at the place where ..... and the pakka adatya resided outside bombay, and the question turned upon the evidence of custom which showed that the money in performance of the contract of agency was to be paid to a constituent in bombay. that case has no application to the present case where the constituent is not ..... there is no evidence as to the place where the contract of agency took place and sending of goods is, in our opinion, not a material part of the cause of action according to the decision in ..... part of the cause of action so as to give jurisdiction to the bhusawal court. illustration (a) to section 20 of the civil procedure code refers to a contract which is completed in calcutta, and, therefore, clearly the cause of action arises partly within the jurisdiction of the calcutta court. in the present case, .....Tag this Judgment!