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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: uk supreme court Year: 1916 Page 1 of about 38 results (0.043 seconds)

Feb 21 1916 (FN)

Guerini Stone Co. Vs. CarlIn Construction Co.

Court : US Supreme Court

Decided on : Feb-21-1916

..... this is inconsistent with any implication that the parties intended that delays attributable to the action of the owner should leave plaintiff remediless. we therefore hold that the general contract was not admissible in evidence against plaintiff, unless for the purpose of showing (if, indeed, it did show) what drawings and specifications were referred to in the ..... days later, pursuant to an order of the assistant secretary of the treasury, all work upon the building was stopped "pending the settlement of responsibility for deviations from contract requirements regarding foundations." the question of responsibility lay between defendant and the representatives of the government; plaintiff having had nothing to do with the foundations. leaving the question ..... the three above items to be at the option of the general contractor. . . ." thereafter the plaintiff corporation was formed under the laws of massachusetts, and guerini transferred the contract to it. defendant was notified of this, expressed satisfaction in writing under date february 20, 1911, and thereafter dealt with plaintiff as subcontractor. at a later time, defendant exercised ..... a reference to an extraneous writing for a particular purpose makes it a part of the agreement for that purpose only. in this case, held that the general contract between the government and the contractor was not admissible as against a subcontractor except for the specific purpose mentioned in the subcontract, to-wit, showing what drawings and .....

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Dec 11 1916 (FN)

Detroit United Railway Vs. Michigan

Court : US Supreme Court

Decided on : Dec-11-1916

..... strictly against the grantee, and cannot be extended beyond their express terms? in any view, the ordinances, just because they were intended to be contracts, and not merely legislative enactments, ought to be regarded as having reference to a specific subject matter. but, were we in error about the ..... . s. 170 . the necessary operation of the decisions under review is to give an effect to the annexation acts that substantially impairs the alleged contract rights of plaintiff in error as they theretofore stood, and it makes no difference that that result was reached in part by invoking the provisions of ..... of the legislature to add new territory to the city, and it is likewise true that the annexation acts contain no reference to existing contracts, nor any specific mention of the subject matter of street railway rights. but, in cases of this character, the jurisdiction of this court ..... such an effect to statutes enacted in the years 1905 and 1907 for extending the corporate limits as to impair the obligation of the contracts contained in franchises theretofore granted by the governing authorities of the annexed territory to the predecessors in title of plaintiff in error. plaintiff in ..... , 14 and 20), that the right to charge fare as therein permitted, upon the lines covered by those grants, was a valid right of contract whose obligation could not constitutionally be impaired by subsequent state legislation. (2) that, conceding the validity of the acts of 1905 and 1907 as annexation .....

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Jun 12 1916 (FN)

Mutual Life Ins. Co. Vs. Hilton-green

Court : US Supreme Court

Decided on : Jun-12-1916

..... turberville, the medical examiners. such statements were required to be truthfully made, and was a condition for the issuance of the contract, and this contract provides that all statements made by the insured shall, in the absence of fraud, be deemed representations, and not warranties. whether the representations made by wiggins in his ..... intents and purposes, and so, for the purpose of charging it with notice of what they know, when the policies were written." all parties treat the policies as florida contracts. the medical examiners' reports are plainly integral parts of application, and, by apt words, the latter became an essential constituent of the policies. considered in most favorable light ..... and said agents to procure the policies by collusive cooperation to conceal the truth, there could be no recovery. excerpts which follow fairly indicate general import of charge: "the contract of insurance in this case, as expressed by the policies, embraces the statements and representations of wiggins, the deceased, made to the agent, hogue, or to kilpatrick or ..... delivered to assured in florida. among others, they contain these clauses: "this policy and the application herefor, copy of which is indorsed hereon or attached hereto, constitutes the entire contract between the parties hereto. all statements made by the insured shall, in the absence of fraud, be deemed representations, and not warranties, and no such statement of the insured .....

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Jun 05 1916 (FN)

Merrill-ruckgaber Co. Vs. United States

Court : US Supreme Court

Decided on : Jun-05-1916

..... just foundation for it, and, besides, there is no attempt to impugn the good faith of the secretary of the treasury, who sustained the decision of the architect, and the contract explicitly provides that "the decision of the supervising architect as to the proper interpretation of the drawings and specifications shall be final." if we may concede to appellant an ambiguity ..... joining the north line of the site, the underpinning of the main rear walls must be carried to rock by a method satisfactory to the supervising architect.'" a detailed contract was entered into providing that the work was to be done in accordance with the specifications and the addendum thereto and the requirements of certain specified drawings and such other ..... the petition, and the court of claims, after hearing, dismissed it. the facts pertinent to the questions presented, collated from the findings, are as follows: the appellant entered into a contract with the united states through the proper officers of the latter for the construction of such foundation for the sum of $79,400, in accordance with specifications and drawings prepared ..... property, notwithstanding the specification referred to building in the singular, and not plural, and the wall of one of the buildings was only a light or curtain wall. under the contract involved in this case, the decision of the supervising architect was made final upon any dispute regarding the proper interpretation of the specifications, and as the secretary of the treasury .....

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May 08 1916 (FN)

Maryland Dredging and Contracting Co. Vs. United States

Court : US Supreme Court

Decided on : May-08-1916

..... extraordinary conditions supervene does not promise an extension if such conditions do supervene. the extent of this promise is found in the words of the contract providing for the allowance of such additional time as, with the sanction of the chief engineer, the engineer in charge may think reasonable. ..... by captain brown, although disallowed by the chief engineer. finally, the petition alleges that it was known by the government officials when the contract was made that the portion of the canal excavated by the claimant could not be used to any practical extent for commercial purposes until adjoining ..... united states, to excavate a channel from beaufort inlet to pamlico sound, through core and adams creeks, in conformity with specifications made part of the contract. it was approved on september 10, and required the work to be begun within forty-five days after date of notification of approval, september ..... conditions should supervene does not amount to a promise for extension if such conditions do supervene. the extent of promise for an extension under the contract was confined to what the engineer in charge would grant with the sanction of the chief engineer; nor was the chief engineer bound, in ..... affirmed by chief of engineers; a submerged forest which had not been discovered by the contractor prior to commencement of the work, although the contract placed the burden on him to do so, was encountered and so impeded progress as to cause delay for which the government deducted as .....

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Dec 04 1916 (FN)

Seton Hall College Vs. South Orange

Court : US Supreme Court

Decided on : Dec-04-1916

..... applied to school purposes, and that the exempting authority of the legislature was not limited to real estate occupied or in immediate use by the university. furthermore, when the alleged contract exempting seton hall college from taxation was made, the new jersey act of 1846 was in force, providing that "the charter of every corporation which shall hereafter be granted ..... right to alter, suspend, and repeal, and that, under such circumstances, the acceptance of the charter, and the action under it and in reliance upon its terms, constituted an express contract. so, in northwestern university v. illinois, 99 u. s. 309 , the act of the legislature declared that the property of the northwestern university should be forever free from taxation, ..... state statutes involved in the inquiry. to all claims of contract exemption from taxation must be applied the well settled rule that, as the power to tax is an exercise of the sovereign authority of the state, essential to its ..... the exemption a revocable privilege. home of the friendless v. rouse, 8 wall. 430, and university v. people, 99 u. s. 309 , distinguished. in determining whether there is a contract which has been impaired by subsequent legislation, this court, though exercising its right of independent examination, accords much consideration and respect to the decision of the state court construing the .....

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Mar 20 1916 (FN)

Chicago, Rock Island and Pacific Ry. Co. Vs. Bond

Court : US Supreme Court

Decided on : Mar-20-1916

..... and lessees of both parties, but assigning or subletting shall not be without the written consent of the company. under the other contract, turner was required to cooper all cars which the roundhouse foreman directed him to prepare to fit the cars to hold grain in transit, the foreman ..... or other employee, showing the number of tons of coal delivered to any engine; (11th) payment of the work to be made monthly, and (12th) the contract and all the terms and conditions, rights and obligations thereof, to inure to the heirs, administrators, executors, legal representatives, page 240 u. s. 453 assigns, ..... may be in or about the cars, engines, and tracks of the company, "and any injury to said contractor while performing any services under this contract which might be or have been delegated to his agent or employees." and the contractor expressly assumes all liability for injury to or death of third ..... judgment was entered upon the verdict and sustained by the supreme court of the state. the case went to the jury upon the effect of certain contracts between deceased and the company, whether he was the company's servant or a contractor with it, and whether, if he was the servant of ..... submitting to subordination and subject momentarily to superintendence, but of one capable of independent action to be judged by its results, and the person so contracting controls the manner of the work done by himself and those employed by him, he is a contractor with, and not an employ of, the .....

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Jan 10 1916 (FN)

United States Vs. Hamburg-amerikanische Co.

Court : US Supreme Court

Decided on : Jan-10-1916

..... , or assists directly or indirectly any opposition line." "(8) new lines may be admitted or the terms of the agreement altered only by unanimous vote, unless otherwise provided in the contract." "(9) to assist in the carrying out of the agreement, a secretary was appointed." "(10) regular meetings are to be held alternately at london and cologne for the purpose of ..... the corporate defendants to the bill, some of whom had become parties to the alleged illegal combination by subsidiary agreement or agreements made at a later date than the original contract. "1. the allan line steamship company, limited, hereafter called the 'allan line,' a british corporation, operating from portland, boston, and philadelphia to london, liverpool, and glasgow and return. " page 239 ..... 2, 1890 (26 stat. 209, c. 647). the relief asked, moreover, in the nature of things embraced certain subsidiary agreements made during the course of the execution of the main contract, in furtherance of its alleged prohibited result. the principal agreement was made in 1908, to last until february 28, 1911, but was to continue in force thereafter from year to ..... against the government, the course most consonant with justice is to reverse, with directions to dismiss the bill without prejudice to the government in the future to assail any actual contract or combination deemed to offend the anti-trust act. 216 f. 971 reversed. the facts, which involve the construction and application of the sherman anti-trust act of july 2 .....

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Dec 11 1916 (FN)

Long Sault Development Co. Vs. Call

Court : US Supreme Court

Decided on : Dec-11-1916

..... shows that the court, in its consideration of the repealing act of 1913, not only did not give to it an effect which would impair any contract relation springing from the act of 1907, but that, on the contrary, it concluded that the repeal "could not operate to confiscate any valid franchise ..... repealing statute. the grants of the act of 1907 are such that, if it was a valid law, upon their being accepted, they constituted property or contract rights of which the plaintiff could not be deprived, and which could not be impaired, by page 242 u. s. 277 subsequent legislation, and therefore ..... of the state of new york of 1907 is a valid, constitutional law, and that, it having been accepted and acted upon by the plaintiff, contract and other property rights resulted which, under the decision of the court of appeals, have been impaired or taken away by the repealing act of 1913, ..... creating the long sault development company and conferring upon it certain rights and franchises, when accepted, as it was, by the company, constituted a contract between the state and the company; that the repealing act and accompanying legislation passed in 1913 (chaps. 452 and 453) had the effect of impairing ..... a state court purely upon the ground that the attempted grant was in conflict with the state constitution and therefore void ab initio, the "contract clause" of the federal constitution is not violated and this court may not review the decision. in determining whether such decision was influenced by legislation .....

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Nov 13 1916 (FN)

Portuguese-american Bank Vs. Welles

Court : US Supreme Court

Decided on : Nov-13-1916

..... at least, seem to warrant the conclusion reached. but that case, as understood by the majority of the court, was quite different from this. a contract for the building of the capitol of texas was made not assignable without the consent of the governor and certain others. the contractor assigned an undivided three-fourths ..... 242 u. s. 11 of his obligations, and that he should not, "either legally or equitably, assign any of the moneys payable under the contract or his claim thereto unless with the like consent." the city has made no objection to the assignment to the bank, and the money now awaits ..... brought by the appellee welles to establish a lien upon a debt of $6,830.85, due under a construction page 242 u. s. 10 contract from the city of san francisco, represented by the appellee boyle, to the bankrupt, metropolis construction company. the district court approved the report of the referee ..... of the board of public works, page 242 u. s. 8 does not render absolutely void an assignment of money due and payable under the contract, made by the contractor to a bank for valuable consideration but without such consent, nor prevent the passing of a prior title as against the right ..... 27, 1916 decided november 13, 1916 242 u.s. 7 appeal from the circuit court of appeals for the ninth circuit syllabus a provision in a contract between the city of san francisco and a construction company declaring that the company shall not, either legally or equitably, assign any moneys payable thereunder or .....

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