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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1934 Page 2 of about 158 results (0.040 seconds)

Dec 20 1934 (PC)

Miss Moselle Solomon Vs. MartIn and Co.

Court : Kolkata

Decided on : Dec-20-1934

Reported in : 163Ind.Cas.331

..... he should do so. again, if an action were brought and judgment recovered against the agent, then the agent would have a right of action for indemnity against his principal, while if the principal was liable also to be sued he would be vexed with a double action. further, if actions could ..... remedy, or that it is in applicable where the plaintiff has another right of action, arising out of some other cause, such as one founded upon contract, expressor implied, still less where for some reason such contractual right cannot be enforced. on this point i regret to find that seem to be ..... in rem judicatum applies not only as between the plaintiff and the defendant or any persons who were joint contractors with the defendant in the contract sued on but applies also although the person ultimately sued had no relation to the person against whom the prior judgment was recovered and was not ..... against this decision, the second defendant has appealed, mainly upon the ground that section 70 does not apply, because the goods were supplied under an express contract. the plaintiffs have filed cross-objections, and seek to make the second defendant liable for the whole of the claim, but they have not served the ..... indian statute uninfluenced by considerations derived from the english law upon which it may be founded.10. under the terms of section 233 of the contract act read with section 230 of the act both the agent and the undisclosed principal are liable. the causes of action against them are clearly .....

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Oct 16 1934 (PC)

The Ocean Accident and Guarantee Corporation Co. Ltd. Vs. D.K. Patkar

Court : Mumbai

Decided on : Oct-16-1934

Reported in : AIR1935Bom236; (1935)37BOMLR304

..... there is a stipulation as in the policies here, the mere execution of a policy and its delivery to the assured will not make the contract a concluded contract. the plaintiffs say that even when there is such a stipulation or condition in a policy, if the policy recites that the premium was ..... incorporated herein.then the policy recites that the insured has paid to the corporation a sum of rupees, figures being mentioned, as premium for the indemnities undertaken, and goes on to state the period during which the policy was to be in force, and then witnesseth that the corporation will keep ..... policy remained with the insurers and no premium was in fact paid. upon these facts the court of appeal held that the policy constituted a complete contract of insurance and that by the recital therein the defendants had waived the condition for pre-payment of the premium, and therefore the risk under ..... latter suggest that it is gupta who is fighting this litigation.16. the substantial question, however, in the case is whether there was a concluded contract between the plaintiffs and the defendant. mr. rodrigues on behalf of the defendant has addressed before me a very careful argument relying upon certain authorities, ..... gupta and the defendant and the plaintiffs are not bound by it. gupta admits that he had no authority from the plaintiffs to enter into any contract of insurance on any terms. the point, however, is not now material. as to the rebate or commission of thirty-five per cent., there .....

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Nov 05 1934 (FN)

Detroit Trust Co. Vs. the Thomas Barlum

Court : US Supreme Court

Decided on : Nov-05-1934

..... , or her freight then pending, in cases of damage occasioned without the owner's privity or knowledge ( norwich co. v. wright, 13 wall. 104; hartford accident & indemnity co. v. southern pacific co., 273 u. s. 207 , 273 u. s. 214 ); the extension, by the act of june 26, 1884, 18, 23 stat ..... of our maritime policy. the ship, "from the moment her keel touches the water," becomes "a subject of admiralty jurisdiction;" she acquires personality; she becomes competent to contract, is individually liable for her obligations, and is responsible for her torts. tucker v. alexandroff, 183 u. s. 426 , 183 u. s. 438 . the ..... as it has been." the significance of this suggestion cannot be overlooked. the fact that mortgages on ships had not been considered to be maritime contracts was not conclusive as to the constitutional authority of the congress to alter or supplement the maritime law in this respect, and thus to extend ..... the owner; that the foundation of the rule was "that the mere mortgage of a ship, other than that of an hypothecated bottomry," was a contract "without any of the characteristics or attendants of a maritime loan," and was made "without reference to navigation or perils of the sea;" that it ..... or page 293 u. s. 36 agent of the vessel, for wages of the crew of the vessel, for general average, and for salvage, including contract salvage." the requirements of subdivision (a) of subsection d which must be met in order to obtain this preferred status are that the mortgage shall be .....

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Mar 05 1934 (FN)

Travelers Protective Assn. Vs. Prinsen

Court : US Supreme Court

Decided on : Mar-05-1934

..... the errand. cudahy packing co. v. parramore, 263 u. s. 418 , 263 u. s. 426 ; bountiful brick co. v. giles, 276 u. s. 154 , 276 u. s. 158 ; voehl v. indemnity ins. co., 288 u. s. 162 . the argument is made that a causal connection between the death and the explosion is not a necessary inference from the facts in evidence ..... fragments of his body being so small that an autopsy was impossible. we are told that, even so, the impact of the engine may have been fatal without more. the contract does not say that the holder of the policy is to have no claim against the insurer if he dies "by reason of" his participation in the carriage of explosives ..... . the contract says that he is to have no claim page 291 u. s. 582 against the insurer if he dies "when" he is participating in the carriage of explosives, just as ..... application, appears to me to obscure, rather than to define, the meaning of the term, and to violate the cardinal principle that, so far as their language reasonably admits, insurance contracts are to be interpreted most favorably to the insured.

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Jan 25 1934 (PC)

Mt. Maida Vs. Kishan Bahadur Singh and ors.

Court : Allahabad

Decided on : Jan-25-1934

Reported in : AIR1934All645

..... of the case. it is as follows:provided that, where the sale is made by a person in a fiduciary character, be shall be deemed to contract with the buyer that the seller has done no act whereby the property is encumbered or whereby he is hindered from transferring it.22. mt. maida had ..... not think she can be deemed to have contracted with the plaintiffs that she had power to transfer otherwise than under the authority of a permission granted by the district judge. the permission is expressly recited in ..... placed upon sub-section (2) of section 55. it should however be borne in mind that the presumption arising under that sub-section is subject to a contract to the contrary. assuming that mt. maida can be considered to be the seller and that sub-section (2) of section 55 is otherwise applicable, we do ..... a presumption from the circumstances of such a case that a guardian makes himself personally liable.14. this was a case in which a muhammadan father had contracted the marriage of his minor son and agreed to pay a certain amount of dower. in a suit by the heirs of the wife for recovery ..... of warranty. it was also held that assuming; there was a representation, the only possible representation, if the case be treated as coming within section 235, contract act, was that the defendant represented that she was the agent of her son. but as the plaintiff knew that the son was an infant, he must .....

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Nov 07 1934 (PC)

S.S. Subramanya Sastry Vs. Sheik Ghannu and ors.

Court : Chennai

Decided on : Nov-07-1934

Reported in : AIR1935Mad628

..... present to execute a deed of sale in favour of the defendants in the same manner as is done in the case of a suit for specific performance of a contract of sale. after the execution of such a document by the plaintiff or by the court in his behalf in the event of his failing to do so the defendants .....

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Feb 05 1934 (FN)

Hartford Accident and Indemnity Co. Vs. Nelson Co.

Court : US Supreme Court

Decided on : Feb-05-1934

..... 469. an appeal to this court followed; the surety on the appeal bond joining as appellant with the surety on the bond in suit. hartford accident & indemnity co. v. bunn, supra. page 291 u. s. 358 as to the meaning of the statute now challenged as invalid, the supreme court of ..... must be disregarded so far as persons furnishing labor or material are concerned." an appeal to this court was dismissed for defect of parties. hartford accident & indemnity co. v. bunn, 285 u. s. 169 . in the meantime, the n. o. nelson manufacturing company, the present appellee, had intervened in ..... obligee and principal, there can be no privilege of the surety to contract on better terms. the secondary obligation must follow the primary one and conform to its restraints. the surety has the alternative either to write its indemnities and guaranties upon the only terms permitted to obligee and principal or to ..... but a bond giving narrower protection, or so the surety contends, than the one that had been promised. the bond that was furnished refers to and incorporates the contract between the owner and the builders. it provides that, ..... . by the principal contract, provision was made for the giving of a bond which was to secure materialmen and laborers, as well as the owner. [ footnote 2 ] thereafter, the contractors did furnish a bond for the cost of the building ($316,822) with the hartford accident & indemnity company as surety, .....

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Mar 05 1934 (FN)

Globe Indemnity Co. Vs. United States

Court : US Supreme Court

Decided on : Mar-05-1934

..... 302 reversed. certiorari, 290 u.s. 618, to review a judgment which reversed a judgment for the globe indemnity company in an action against it as surety on a bond securing a construction contract with the united states. the bond was given under the heard act, and the plaintiff relied on its ..... may not be approved by the courts. see illinois surety co. v. united states to use of peeler, supra, 240 u. s. 221 ; consolidated indemnity & insurance co. v. w. a. smoot & co., supra, 57 f.2d 997. a different question would be presented if the department concerned declined ..... it recorded its findings. such a determination would be "final settlement" for purposes of the heard act if payment had preceded action by the comptroller general. consolidated indemnity & insurance co. v. w. a. smoot & co., supra. if, as respondent maintains, this determination may be supplanted by a subsequent settlement by ..... to make final administrative determinations in the executive departments any the less final settlements within the meaning of the heard act than they had been before. consolidated indemnity & insurance co. v. w. a. smoot & co., supra. page 291 u. s. 482 respondent does not directly challenge this conclusion. it ..... indemnity co. v. united states no. 419 argued february 13, 14, 1934 decided march 5, 1934 291 u.s. 476 certiorari to the circuit court of appeals for the third circuit syllabus the heard act, 40 u.s.c. 270, requires that, to secure the performance of a government construction contract .....

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Apr 09 1934 (FN)

Hartford Acc. and Indem. Co. Vs. Delta and Pine Land Co.

Court : US Supreme Court

Decided on : Apr-09-1934

..... , loss or injury of something in which the assured or other party has an interest, as an indemnity therefor, and it shall be unlawful for any company to make any contract of insurance upon, or concerning any property or interest or lives in this state, or with any ..... state supreme court said: "but clearly, under 5131, code 1930, defining insurance, this indemnity bond is a contract of insurance within the purview of that statute; and, further, it being expressly provided therein that all contracts of insurance on property, lives, or interests in this state shall be deemed to ..... of mississippi by delta & pine land company, a corporation of that state, with its principal place of business therein, against hartford accident & indemnity company, a corporation of connecticut, having its principal place of business in hartford in that state. the declaration alleges that, on or about january ..... company in an action on an indemnity bond. mr. justice roberts delivered the ..... contracts of the forum, regardless of the relative importance of the interests of the forum as contrasted with those created at the place of the contract, conflicts with the guaranties of the fourteenth amendment. p. 292 u. s. 150 . 169 miss. 196 reversed. appeal from a judgment sustaining a recovery from the indemnity .....

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Apr 02 1934 (FN)

Aschenbrenner Vs. United States Fidelity and Guaranty Co.

Court : US Supreme Court

Decided on : Apr-02-1934

..... , they are at least persuasive that meanings which they do not embrace are not common. that the stipulation to be construed is one for double indemnity calls for no different conclusion. it has been page 292 u. s. 86 argued that such a provision contemplates a risk which is comparatively slight ..... new york, 250 mass. 250, 254, 145 n.e. 535; boyd v. royal indemnity co., 120 ohio st. 515, 517, 166 n.e. 580. the phraseology of contracts of insurance is that chosen by the insurer, and the contract in fixed form is tendered to the prospective policyholder, who is often without technical training and ..... the ground that the insured, at the time of the accident, was not a passenger on a common carrier within the meaning of the double indemnity provisions of the policy. a judgment entered upon a verdict for the petitioner for the double liability was reversed by the court of appeals for ..... a policy of accident insurance issued to her husband by respondent, brought this suit in the district court for northern california to recover under the double indemnity provisions of the policy. at the trial, liability was conceded for the single amount stipulated to be paid in the event of the insured's ..... their technical connotation, will be given the meaning that common speech imports. p. 292 u. s. 85 . 3. an accident policy provided for double indemnity if injury were sustained by insured "while a passenger in or on a public conveyance (including the platform, steps or running-board thereof) provided by a .....

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