In re the Appointment of Commissioners to Determine Compensation to be Given to Youker

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that “the basis for indemnity is restitution” (quotation and brackets omitted)
• discussing contractual indemnity and equitable provision and pleaded that it had been impracticable to fix the parties’ damages, undermining defendants’ demurrer argument that the provision was an unenforceable penalty
• “Although traditional equitable indemnity once operated to shift the entire loss upon the one bound to indemnify, the doctrine is now subject to allocation of fault principles and comparative equitable apportionment of loss.”
• “[O]ur recognition that a claim for implied contractual indemnity is a form of equitable indemnity . . . corrects any misimpression that joint liability is not a component of such claims.” (cleaned up)
• “[T]here can be no indemnity 9 without liability.”

Source: CourtListener parenthetical corpus (CC0).