Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1935 Page 1 of about 201 results (0.038 seconds)

Nov 20 1935 (PC)

Valiyakath Periyattal Vs. (Karumathil Palakot) Govinda Menon

Court : Chennai

Decided on : Nov-20-1935

Reported in : AIR1936Mad655

..... stipulated. mr. sitarama rao again contends that if the transaction be viewed as a contract of indemnity the plaintiff would not be entitled to enforce this amount and in any event article 83, lira. act, would not apply. as i understand the covenant, it is this ..... should merely be viewed as an assignment of a debt, these decisions support him. but what was assigned under the document was not a mere debt, but also a contract of indemnity in and by which defendant 1 agreed to indemnify defendants 2 to 7 against any loss by reason of his failure to pay the sum of rs. 186-10-8 ..... manmatha nath mullick v. hedait ali 1932 11 pat 266, and the right of action by virtue of the right of indemnity arose on the date of payment by the plaintiff and article 83, lim. act, would apply. the contract of indemnity being registered, the period of limitation will be six years and therefore the suit is within time. in the result, the .....

Tag this Judgment!

Nov 22 1935 (PC)

Zeebunnissa Begum Vs. Mrs. H.B. Danagher and anr.

Court : Chennai

Decided on : Nov-22-1935

Reported in : 163Ind.Cas.384; (1936)70MLJ477

..... in a suit by the transferee that he could not enforce the contract of indemnity against the minor, and that the suit so far as it was founded on the personal liability of the minor failed. but there was no ..... this clearly shows that there may be a valid contract though the remedy by way of specific performance may not be available.15. dealing particularly with the refusal of specific performance on the ground of want ..... the plaintiff.14. but as he himself recognises elsewhere, the non-availability of the remedy by way of specific performance does not necessarily show that a contract is void. several instances are well known to the law where a court may feel obliged to refuse specific performance and yet may award damages. ..... specific performance. there is too, a further distinction that in this case a transfer of property has been executed whereas in the other case the contract was executory. now a lessee cannot escape from his covenant to pay rent unless there has been a total failure of consideration for the lease or ..... in that case a widow, as guardian of her minor son, transferred certain villages, part of a talukdari estate, and in the deed of transfer contracted on behalf of the minor to indemnify the transferee against a government claim for revenue, the villages having been transferred as rent-free. it was held .....

Tag this Judgment!

Nov 11 1935 (FN)

American Surety Co. Vs. Westinghouse Elec. Mfg. Co.

Court : US Supreme Court

Decided on : Nov-11-1935

..... contractor, give materialmen or laborers any right of lien upon the fund or preference in distribution thereof. i also agree with his view that the indemnity contract between the contractor and the surety company (even if an assignment of claim for retained percentages against the united states were valid, in view of ..... s. 267 . this is surely so unless the contract of indemnity has the effect of a specific lien. in the absence of such a lien, the reserved percentages in controversy became assets available to creditors, the ..... u. s. 138 rights and liabilities of 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." jenkins v. national surety co., supra, at p. 277 u. ..... has been given under the mandate of a statute. equity then forbids that the statutory security be whittled down indirectly by any promise of indemnity, general or specific. debtor and surety may not effectually agree that materialmen and laborers shall have less of the general assets as the price ..... claim to this reserved percentage ($2,724.23) by right of subrogation, and also and with greater emphasis by force of a covenant of indemnity received from the principal at the beginning of the work. on the other hand, the reserved percentage was claimed by the respondents page 296 u .....

Tag this Judgment!

Dec 13 1935 (PC)

Bhavansi Rangappa and anr. Vs. Kamisetti Venkataswami

Court : Chennai

Decided on : Dec-13-1935

Reported in : 163Ind.Cas.177; (1936)70MLJ537

..... is indebted to others agrees out of the sale price to pay off the debts due from the vendor to the others, the contract between the purchaser and the vendor is not merely one of indemnity, but is an absolute contract to pay, that therefore the vendor is entitled to sue the purchaser for the consideration even though the creditors might not have ..... later authorities. but even assuming it to be good law, it does not follow that the executant of the promissory note may not also have a remedy by way of indemnity.6. i would therefore set aside the decree of the lower appellate court which is based only on the plea of limitation.7. the next question is as to the ..... was to sue for payment of money on the basis of the original debt, and that the vendor will not also be entitled to a further remedy by way of indemnity in the event of his having been compelled by his own creditor to pay.5. reliance was placed by mr. narasimhachar on the decision in barclay v. gooch (1797) 2 .....

Tag this Judgment!

Dec 13 1935 (PC)

(Bhavanasi) Rangappa and anr. Vs. (Kamisetti) Venkataswami

Court : Chennai

Decided on : Dec-13-1935

Reported in : AIR1936Mad334

..... is indebted to others agrees out of the sale price to pay off the debts due from the vendor to the others, the contract between the purchaser and the vendor is not merely one of indemnity, but is an absolute contract to pay; that therefore the vendor is entitled to sue the purchaser for the consideration even though the creditors might not have ..... later authorities. but even assuming it to be good law, it does not follow that the executant of the, promissory note may not also have a remedy by way of indemnity. i would, therefore, set aside the decree of the lower appellate court which is based only on the plea of limitation. (the remaining portion of the judgment is not necessary ..... was to sue for payment of money on the basis of the original debt, and that the vendor will not also be entitled to a further remedy by way of indemnity in the event of his having been compelled by his own creditor to pay. reliance was placed by mr. narasimhachariar on the decision in barclay v. gooch 170 er 459 .....

Tag this Judgment!

Sep 18 1935 (PC)

T.R. Pratt (Bombay) Ltd. Vs. E.D. Sassoon and Co. Ltd. and anr.

Court : Mumbai

Decided on : Sep-18-1935

Reported in : AIR1936Bom62

..... ) would provide the plaintiff with funds to meet the bills. it was held that this was not a contract of guarantee but a case where the defendant promised to be liable on the ground of indemnity. in other words the liability of the defendant did not arise in the event of the firm failing to ..... ought to hold that if sassoons had no notice of the facts giving rise to the disability of the directors of pratts to vote on this contract, then the contract ought not to be impeachable by reason of section 91-b.45. the question then arises whether sassoons had notice. it is, of course, ..... . on the evidence on record and the recitals in the deed of mortgage, it is difficult to find support for the contention that an agreement of indemnity, as contemplated in that case, was entered into.31. the contention of the liquidator, that if this is a fresh agreement there was no fresh ..... by the memorandum and articles of association or by the statute incorporating the company itself. but actual or constructive notice of any irregularity prevents a third person contracting with the company from obtaining the protection of the rule in 1. royal british bank v. turquand (1856) 6 el 327 namely, that all matters ..... they had notice that the boards of the two companies were common, and that therefore all the directors of pratts were personally concerned or interested in the contract.46. mr. coltman has relied on section 87, companies act, which requires a list of directors to be filed with the registrar, and he says .....

Tag this Judgment!

Mar 18 1935 (FN)

Metropolitan Cas. Ins. Co. Vs. Brownell

Court : US Supreme Court

Decided on : Mar-18-1935

..... in their policies for a short period of limitation. cf. caywood v. supreme lodge, supra. the statutory period of limitation for suits to recover money on indemnity policies is ten years. section 2-602, burns' ann.st. 1933; cf. fidelity & casualty co. v. jasper furniture co., 186 ind. 566, ..... , 39-1713, burns' anno. stat. 1933. respondent's predecessor in interest brought suit in the district court for southern indiana to recover upon an indemnity bond executed by petitioner. the petitioner set up by answer and demurrer that it is a corporation organized under the laws of new york, carrying on ..... certiorari, 292 u.s. 620, to review a judgment affirming a judgment against the casualty company in an action against it to recover on an indemnity bond. mr. justice stone delivered the opinion of the court. this case is here on writ of certiorari, 292 u.s. 620, to review ..... 25-1402, 25-1301, 25-1304, burns' anno.stat. 1933. there is no showing that the situation of foreign corporations, writing casualty insurance contracts in indiana, is so similar to that of domestic corporations as to preclude any rational distinction between them as regards the time required for negotiating settlements ..... in indiana the business of writing casualty insurance contracts and surety bonds; that the claim for which suit was brought was presented to petitioner more than fifteen months before the suit was begun; that the indemnity bond contained a stipulation that no proceedings upon a claim upon .....

Tag this Judgment!

Jan 29 1935 (PC)

Cheerath Veetil Karnavan and anr. Vs. E.N.A.S. Narayana Ayyar and anr.

Court : Chennai

Decided on : Jan-29-1935

Reported in : AIR1935Mad594; 157Ind.Cas.746

..... the suit is maintainable, and that article 83, of the limitation act, does not apply to the facts of the case. the right to indemnity which a receiver has got is, in my view, not created by the contract. i am, therefore, of opinion that article 83, has obviously no application.6. the substantial question for consideration is whether article 61, of ..... of any properties and that he could claim neither a lien nor a charge on the special circumstances of the case; and that what he could claim was only an indemnity as he had not been authorised to spend money on behalf of anybody's estate.4. in appeal the district judge held that neither article 83, nor article 61, of ..... the limitation act and that the cause of action commenced on january 22, 1923, the date when the receivership was terminated, when in his opinion the receiver 'became entitled' to indemnity from the estate. if article 61, applied the cause of action arose on august 16, 1921, the date when costs were incurred; but the district munsif thought this article would .....

Tag this Judgment!

Nov 08 1935 (PC)

Chunduri Panakala Rao Vs. Atmuri Venkata Sarvesam

Court : Chennai

Decided on : Nov-08-1935

Reported in : AIR1936Mad342

..... principle that a surety can always agree with the principal debtor to waive the benefit of the securities given by the latter to the creditor. at the date of the contract an independent security was taken from the principal debtor. from the circumstances of the transaction in that case the court inferred that he waived his right to the benefit of ..... promises to pay are the principal debtors though they are not the objects of his benevolent intention. in this view the plaintiff is entitled to a decree under section 140, contract act.6. prima facie therefore he will be entitled to realise the amount paid by him to the bank from defendant 1 also. but mr. somasundaram contends that the action ..... .8. no such contract can be implied in this case. in brandon v. brandon (1859) 3 de g ..... he is entitled to the benefit of all the securities. but here the plaintiff has contracted with the mortgagor, for whom he is surety, that he should receive a particular species of indemnity if he pays off any part of the principal or interest of the mortgage. that indemnity he is entitled to, and not to the benefit of the mortgage paid off .....

Tag this Judgment!

Jan 29 1935 (PC)

Cheerath Veettil Karnavan and Manager Madhavan Nair (Died) Cheerath Ve ...

Court : Chennai

Decided on : Jan-29-1935

Reported in : (1935)69MLJ539

..... the suit is maintainable, and that article 83 of the limitation act does not apply to the facts of the case. the right to indemnity which a receiver has got is, in my view, not created by contract. i am therefore of opinion that article 83 has obviously no application.6. the substantial question for consideration is whether article 61 of the ..... of any properties and that he could claim neither a lien nor a charge on the special circumstances of the case; and that what he could claim was only an indemnity as he had not been authorised to spend money on behalf of any body's estate.4. in appeal the district judge held that neither article 83 nor article 61 ..... limitation act and that the cause of action commenced on the 22nd january, 1923, the date when the receivership was terminated, when in his opinion the receiver 'became entitled to indemnity from the estate'. if article 61 applied the cause of action arose on the 16th august, 1921, the date when costs were incurred; but the district munsif thought this article .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //