Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Page 6 of about 9,200 results (0.071 seconds)

Mar 14 1904 (FN)

Northern Securities Co. Vs. United States

Court : US Supreme Court

..... s. 183 ): "issuing a policy of insurance is not a transaction of commerce. the policies are simply contracts of indemnity against loss by fire, entered into between the corporations and the assured, for a consideration paid by the latter. these contracts are not articles of commerce in any proper meaning of the word. they are not subjects of trade and ..... , regarding the future disposition of the manufactured articles; nothing looking to a transaction in the nature of interstate commerce." " * * * *" "we think the case now before us involves contracts of the nature last before mentioned, not incidentally or collaterally, page 193 u. s. 390 but as a direct and immediate result of the combination engaged in by defendants. . . ..... of its own stock, the american sugar refining company acquired nearly complete control of the manufacture of refined sugar within the united states. the bill charged that the contracts under which these purchases were made constituted combinations in restraint of trade, and that, in entering into them, the defendants combined and conspired to restrain the trade and ..... that the broad and sweeping language of the opinion of the court might tend to unsettle legitimate business enterprises, stifle or retard wholesome business activities, encourage improper disregard of reasonable contracts and invite unnecessary litigation. mr. justice white, with whom concurred mr. chief justice fuller, mr. justice peckham, and mr. justice holmes, dissenting. the northern securities .....

Tag this Judgment!

Apr 06 1908 (FN)

Ware and Leland Vs. Mobile County

Court : US Supreme Court

..... a policy of insurance is not a transaction of commerce. the policies are simple contracts of indemnity against loss by fire, entered into between the corporations and the assured, for a consideration paid by the latter. these contracts are not articles of commerce in any proper meaning of the word. they are ..... it was said: "if the power to regulate interstate commerce applied to all the incidents to which said commerce might give rise and to all contracts which might be made in the course of its transaction, that power would embrace the entire sphere of mercantile activity in any way connected with ..... of goods." while the general principles applied in these cases are not be denied, there is a class of cases which hold that contracts between citizens of different states are not the subjects of interstate commerce simply because they are negotiated between citizens of different states, or by ..... should be stipulated, agreed, and understood that an actual receipt and delivery of the cotton or grain was to be had, and that said contracts were transferable and assignable." the sole question here presented is whether the statute in question is an attempt to regulate interstate commerce, for if ..... were printed: "on all marginal business, we reserve the right to close transactions without further notice when margins are about exhausted, and to settle contracts in accordance with the rules and customs of the exchange on which the order is placed, it being understood and agreed in all trades that .....

Tag this Judgment!

May 29 1922 (FN)

Pine Hill Coal Co., Inc. Vs. United States

Court : US Supreme Court

..... , as a result of keeping to them, as the claimant did, the receipts were actually less than the cost of production. on these facts, the petition sets up a contract of indemnity on the part of the united states arising out of the language to be quoted from 25. it was dismissed on demurrer by the court of claims. the paragraph of ..... expressed in the plainest language. p. 259 u. s. 196 . 55 ct.clms. 433 affirmed. appeal from a judgment sustaining a demurrer to a petition setting up a claim to indemnity for losses resulting from sales of coal at prices fixed by the government. page 259 u. s. 194 mr. justice holmes delivered the opinion of the court. this case, like .....

Tag this Judgment!

Jun 06 1966 (FN)

United States Vs. Equitable Life Assur. Soc'y

Court : US Supreme Court

..... american, supra, dealt with these identical problems, and we therefore turn to its teachings. there, "the claim for the attorney's fee . . . became enforceable under arkansas law as a contract of indemnity at the time of default . . . before the filing of the first federal tax liens." the suit in which the attorney's fee was earned was filed prior to the recording ..... formalistic device of characterizing subsequently accruing local liens as expenses of sale." likewise in pioneer american, the state was not permitted to upgrade its lien by the formalistic device of "indemnity." even where authorized by state statute, [ footnote 3 ] the distinction between costs and allowances for attorneys' fees is well recognized. in sioux county v. national surety co., 276 u. s .....

Tag this Judgment!

Jul 01 1996 (FN)

United States Vs. Winstar Corp.

Court : US Supreme Court

..... the reserved powers doctrine inapplicable because "the private party to the contract does not seek to stay the exercise of sovereign authority, but merely requests damages for breach of contract," post, at 923, he appears to adopt a distinction between contracts of indemnity and contracts not to change the law similar to the unmistakability analysis he rejects ..... . the requirement of unmistakability embodies this reversal of the normal reasonable presumption. governments do not ordinarily agree to curtail their sovereign or legislative powers, and contracts must be interpreted in a commonsense way against that background understanding. here, however, respondents contend that they have overcome this reverse presumption that the government ..... in the court of federal claims, seeking monetary damages on both contractual and constitutional theories. that court granted respondents' motions for partial summary judgment on contract liability, finding in each case that the government had breached contractual obligations to permit respondents to count supervisory goodwill and capital credits toward their regulatory capital ..... toward regulatory capital requirements, respondents each filed suit against the united states in the court of federal claims, seeking damages for, inter alia, breach of contract. in granting each respondent summary judgment, the court held that the government had breached its contractual obligations and rejected the government's "unmistakability defense"-that surrenders .....

Tag this Judgment!

Oct 21 1895 (FN)

Mckee Vs. Latrobe

Court : US Supreme Court

..... any part of the money which they might receive from the choctaw nation in consideration of the performance by them of their contract; in other words, that it was a contract of indemnity, by which mckee undertook to save the choctaw nation harmless from any claim that should be made for services that had ..... therein could not take advantage of it. it was not needed to indemnify the choctaws, since no possible action could lie against them after the contract had been abandoned by black. it was evidently intended to satisfy any moral obligation for services which had been performed but not completed, and ..... in the foregoing language, delivered the opinion of the court. this is another one of the claims made under the trust expressed in the mckee contract, "to adjust the claims of all parties who have rendered service heretofore in the prosecution of said claim, upon the principle of equity and justice ..... in conjunction with cochrane, and that he subsequently agreed with cochrane that his compensation should be paid out of the percentage reserved to cochrane by his contract, and that he is reasonably entitled to receive $75,000, which had been page 159 u. s. 329 agreed upon between himself and mcpherson, ..... prepared, and with the use of the results of his professional skill and industry, secured the payment of the claim. that, if the mckee contract were held to be valid, then mckee was bound in equity and justice to pay to complainant a fair and just compensation for the services theretofore .....

Tag this Judgment!

Jan 07 1895 (FN)

Hooper Vs. California

Court : US Supreme Court

..... transaction of commerce. the policies are simply contracts of indemnity against loss by fire, entered into between the corporations and the assured for a consideration paid by the latter. these contracts are not articles of commerce in any proper meaning of the word. they are not subjects of trade and barter ..... , whether the business is to be carried on through officers or through ordinary agents of the company, and she has also the further right to prohibit a citizen from contracting within her jurisdiction with any foreign company which has not acquired the privilege of engaging in business therein, either in his own behalf or through an agent empowered to that ..... without power to prevent a corporation engaged in interstate commerce from entering that state and carrying on its business therein, and also pointed out the distinction between the making of contracts of insurance and interstate commerce, or the necessary instrumentalities thereof, as follows: "the case is entirely different from that of foreign corporations seeking to do a business which does ..... not concerned with any matter of distinction between marine and fire insurance, but proceeded upon a broad analysis of the nature of interstate commerce and of the relation which insurance contracts generally bear page 155 u. s. 654 thereto. thus, in paul v. virginia, the court, speaking through mr. justice field, said: "issuing a policy of insurance is not a .....

Tag this Judgment!

Dec 10 1900 (FN)

Williams Vs. Fears

Court : US Supreme Court

..... was not a transaction of commerce, and it was said: "the policies are simple contracts of indemnity against loss by fire, entered into between the corporations and the assured for a consideration paid by the latter. these contracts are not articles of commerce in any proper meaning of the word. they are not ..... the authorities cited. if the power to regulate interstate commerce applied to all the incidents to which said commerce might give rise and to all contracts which might be made in the course of its transaction, that power would embrace the entire sphere of mercantile activity in any was connected with ..... in hiring laborers in georgia to be employed beyond the limits of the state. of course, transportation must eventually take place as the result of such contracts, but it does not follow that the emigrant agent was engaged page 179 u. s. 277 in transportation, or that the tax on his ..... or an instrumentality thereof, and the mere incidents which page 179 u. s. 271 may attend the carrying on of such commerce. these labor contracts were not in themselves subjects of traffic between the states, nor was the business of hiring laborers so immediately connected with interstate transportation or interstate traffic ..... limits of the state. held that the levy of the tag did not amount to such an interference with the freedom of transit, or of contract, as to violate the federal constitution. nor was the objection tenable that the equal protection of the laws was denied because the business of .....

Tag this Judgment!

Jan 13 1902 (FN)

Sun Printing and Publishing Ass'n Vs. Moore

Court : US Supreme Court

..... certain rules have been laid down as judicial aids." in irving v. manning, (1847) 1 h.l.cas. 287, it was recognized that a policy of assurance was a contract of indemnity, but it was declared that in a valued policy the agreed value was conclusive, and each party must be held to have conclusively admitted that the sum fixed by agreement ..... respecting the amount of damage. the last two of what were termed "artificial rules" on the subject of liquidated damages and penalties, recited in the opinion as being peculiar to contracts of this character, were as follows: "sixth. if, independently of the stipulated damages, the damages would be wholly uncertain and incapable of being ascertained except by conjecture, in such ..... for nonpayment of money, and i think i may say, in modern times, from nothing else." the doctrine of equity, as respects the withholding of or granting relief against a contract because of inadequacy of consideration, illustrates the conservative disposition of equity not to interfere unnecessarily declines to grant relief because of inadequacy of price or any other inequality in the ..... complainant's common law responsibility as bailee exempted him from liability for loss of the consigned goods arising from inevitable accident. a bailee may, however, enlarge his legal responsibility by contract, express or fairly implied, and render himself liable for the loss or destruction of the goods committed to his care-the bailment or compensation to be received therefor being a .....

Tag this Judgment!

Feb 23 1903 (FN)

Lottery Case

Court : US Supreme Court

..... of the court, said: "issuing a policy of insurance is not a transaction of commerce. the policies are simple contracts of indemnity against loss by fire, entered into between the corporations and the assured for a consideration paid by the latter. these contracts are not articles of commerce page 188 u. s. 368 in any proper meaning of the word. they are ..... constitution. is the carriage of lottery tickets from one state to another commercial intercourse? the lottery ticket purports to create contractual relations, and to furnish the means of enforcing a contract right. this is true of insurance policies, and both are contingent in their nature. yet this court has held that the issuing of fire, marine, and life insurance ..... commerce clause of the constitution, and that the power of congress to regulate interstate commerce comprises the right to enact a law prohibiting the citizen from entering into those private contracts which directly and substantially, and not merely indirectly, remotely, incidentally, and collaterally, regulate to a greater or less degree commerce among the states." that regulation may sometimes take ..... may take the form of prohibition. the object of that act was to protect trade and commerce against unlawful restraints and monopolies. to accomplish that object congress declared certain contracts to be illegal. that act in effect prohibited the doing of certain things, and its prohibitory clauses have been sustained in several cases as valid under the power of .....

Tag this Judgment!


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