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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Page 90 of about 9,200 results (0.071 seconds)

Mar 24 1890 (FN)

Schreyer Vs. Scott

Court : US Supreme Court

..... schreyer, making no representations or concealments, doubtless acted in the same belief, page 134 u. s. 414 and when, after partial completion of the contract, he, to prevent delay in the future work, guaranteed payment of the bond and mortgage, he did so in the belief that it was amply secured ..... liable on his guaranty. is there anything in these facts to show fraud in intent, or fraud in result? obviously not. vanderbilt entered into his contract with full knowledge of all the circumstances, unquestionably considering the $5,000 bond and mortgage well secured, and willing to take his chances of its ..... proposed to transfer in part payment was second and subordinate to a prior mortgage of $16,000. he must have assumed, when he made the contract, that the property mortgaged was good for both mortgages, and, according to the testimony, it was then considered worth from thirty to thirty-five ..... . assuming in the first instance that both transfers were purely voluntary, the deeds to mrs. schreyer were made and recorded three years before the building contract was signed or the work done out of which vanderbilt's claim arose. there was thus that constructive notice referred to in wallace v. penfield, ..... for $8,850 on premises no. 422 west fortieth street. the claim of vanderbilt arose in this way: on february 2, 1874, a building contract was entered into between george gebhart and matthew l. ritchie, as owners of premises nos. 420 and 422 west fortieth street, with vanderbilt whereby he .....

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Mar 03 1890 (FN)

Armstrong Vs. American Exch. Nat'l Bank of Chicago

Court : US Supreme Court

..... differences. he lost a large sum in such transactions, and endorsed over to the commissionmen certain notes. the court held that such options were gambling contracts, and that, as the statute of illinois provided that any person who should lose in a gambling transaction might recover back from the winner whatever he ..... from setting up for his protection the falsity of that statement after the plaintiff has acted upon it. the plaintiff is seeking to recover upon a contract, and the receiver is defending by setting up the false representation of the fidelity bank. the suggestion is not a sound one that the plaintiff ..... plaintiff through the misrepresentation of that bank. the plaintiff accepted the contract in good faith by placing $200,000 to the credit of kershaw & co., and it also charged $200,000 to the fidelity bank, and ..... co., as directed by the certificate. as soon as the paper was delivered to and accepted by the plaintiff, the fidelity bank had entered into a contract with it to pay $200,000. the suit is for the amount which the fidelity bank agreed to pay, and not for damage sustained by the ..... use its credit and resources for their own benefit not in the prosecution of its legitimate business, but in the purchase of wheat in chicago, and contracts for the future delivery of wheat, in the prosecution of said unlawful speculation. the letter of advice addressed to the plaintiff, set forth in the bill .....

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Mar 03 1890 (FN)

Delaware County Comm'rs Vs. Diebold Safe and Lock Co.

Court : US Supreme Court

..... the duty of furnishing different kinds of material and labor, and the right of recovering compensation for such material and labor from the county commissioners. both the statutes and the contract contemplate that the county commissioners shall be liable only to the contractors for the whole work, and not to any person doing work or supplying materials under a subcontract with ..... , 100 ind. 59; wallace v. lawyer, 54 ind. 501. in bass foundry v. parke commissioners, 115 ind. 234, where a contractor to whom the county commissioners had let a contract for the construction of a courthouse and jail sublet the iron work to the plaintiff, and, after partially completing the buildings, abandoned the work and declared his inability to resume ..... setting up the following defenses: 1st. a denial of all the allegations of the complaint. 2d. payment. 3d. payment to meyers & son without notice of the pretended assignment of the contract to the plaintiff. 4th. payment before the assignment mentioned in the second paragraph of the complaint, to meyers & son, upon a settlement of accounts, and deducting damages for delay in ..... the iron work, although the plaintiff had duly demanded payment therefor. and the plaintiff claimed payment of the sum of $7,700. the complaint contained a second paragraph, alleging the contract between the board of commissioners and meyers & son, its performance by meyers & son, and its nonperformance by the board, an assignment, dated november 25, 1884, from meyers & son to .....

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Dec 14 1891 (FN)

New Orleans Vs. New Orleans Waterworks Co.

Court : US Supreme Court

..... are unnecessary. they are full and conclusive to the point that the municipality, being a mere agent of the state, stands in its governmental or public character in no contract relation with its sovereign, at whose pleasure its charter may be amended, changed, or revoked without the impairment of any constitutional obligation, while with respect to its private or ..... are the auxiliaries of the state in the important business of municipal rule, and cannot have the least pretension to sustain their privileges or their existence upon anything like a contract between them and the legislature of the state, because there is not and cannot be any reciprocity of stipulation, and their objects and duties are utterly incompatible with everything ..... against the new orleans waterworks company and the city to enjoin the city from making any appropriations or drawing any warrants in favor of the waterworks company under a certain contract set forth in the bill. the petition set forth in substance: 1. that the legislature in 1877 incorporated the new orleans waterworks company for the purpose of furnishing the ..... the impairment of any constitutional obligation; but such a corporation, in respect of its private or proprietary rights and interests, may be entitled to constitutional protection. there was no contract between the city and the waterworks company, which was protected against state legislation by the constitution of the united states. the repeal of a statute providing that a municipal .....

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Oct 28 1891 (FN)

Fowler Vs. Equitable Trust Co.

Court : US Supreme Court

..... borrower pays on account of the loan must go as credit on the principal sum; otherwise, the usurer would get the benefit of his illegal contract, and the statute be rendered inoperative. the court below proceeded upon the ground that the trust company was entitled to a judgment for the amount ..... usurious. the result is that the recovery must be limited to the principal sum due the company. the statute declares, in respect to an usurious contract, that the lender shall only recover the principal sum due -- in other words, that judgment shall be rendered only for that sum. page 141 u ..... relation to the rate of interest," this provision of former acts was reenacted and preserved: "when any bond, bill, draft, acceptance, mortgage, or other contract shall have been or shall be made in this state, or between citizens of this state, or a citizen of this state and any other state, ..... upon the statute of new york, in force when the debt was created, providing that all bonds, bills, notes, assurances, conveyances, and all other contracts or securities whatsoever whereupon or whereby there shall be reserved or taken, or secured, or agreed to be reserved or taken, any greater sum or greater ..... , although the company was not informed, in the particular case, that the agent exacted and received commissions from the borrower. in illinois, when the contract of loan is usurious, the lender, suing the borrower for the balance due, can only recover the principal sum, diminished by applying as credits thereon .....

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Apr 20 1891 (FN)

Pennoyer Vs. Mcconnaughy

Court : US Supreme Court

..... to january 17, 1879, and treats the lands embraced in such certificates as reverted to the state. that legislation surely impaired the obligation of the contract owen had with the state, for its effect was to destroy valuable property, rights, and privileges belonging to him. it was therefore violative of ..... the propositions established by those decisions which cannot be well abridged, as follows: "first. that the provisions of the act of 1871 constitute a contract between the state of virginia and the lawful holders of the bonds and coupons issued under and in pursuance of said statute." "second. that the ..... held by this court that the act of the general assembly passed in 1882 was unconstitutional and void because it was an impairment of the contract entered into between the state and its bondholders by the act of 1871; that, being unconstitutional, it afforded no protection to the defendant; that ..... relief prayed for upon that clause of section 10, art. i, which provides that "no state shall pass any law impairing the obligation of contracts," while the defendants below, the appellees, rely upon the eleventh amendment to the constitution, which declares that "the judicial power of the united states ..... act of october 26, 1870, in order to restrain the defendants from doing acts which the bill alleges are violations of the plaintiff's contract with the state when he purchased the lands, and which are unconstitutional, destructive of the plaintiff's rights and privileges, and which it is .....

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Mar 09 1891 (FN)

Peake Vs. New Orleans

Court : US Supreme Court

..... to be brought to the test of particular benefits, and the most unexpected and disastrous consequences would follow. moreover, our criticism on the irwin case, as to its violation of contract rights already fixed, applies to the davidson case, if possible, with even greater force. (4) by a claim that the constitutional amendment of 1874, which took effect on the ..... private individuals, the right of determination at any time by agreement of parties, and such abandonment creates, as to third parties, no other or higher rights as against either the contracting parties than existed at the time of the mutually agreed upon abandonment. this contention also of complainant must fail. we have given this case long consideration. the multitude of facts ..... last, all meant local improvement, to be paid by special assessments, and the contractor, all these years, had only legislative authority to look to the special assessments for payment. its contract was entered into and performed with knowledge that the only legal right it had for payment consisted in these assessments. without further consideration, the city put into this fund these ..... a contemplated work of public improvement assumes thereby no obligation to parties who have invested on the faith and expectation of benefit from the completion of the work. when a contract for local improvements in a municipality is entered into, the contractor must look to the special assessments, and to them alone, for his compensation, and if they fail without .....

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Jan 19 1891 (FN)

Joy Vs. St. Louis

Court : US Supreme Court

..... the first part and of the second part] hereto, their several successors and assigns." being thus chargeable with notice of the contents of the contract of august 11, 1875, between the county company and the kansas city company, the mortgagees and the purchasing committee were chargeable also with notice ..... the tenements, hereditaments, and appurtenances thereunto belonging or in any wise appertaining. " page 138 u. s. 37 thus, this deed refers to the contract of august 11, 1875, between the county company and the kansas city company, and to the terms thereof, and the kansas city company took its ..... the only general passenger depot reached by all railroads entering the city. the colorado company contended that it was entitled to this right under the contracts aforesaid, and particularly under the provisions of the ninth and the subsequent paragraphs of the tripartite agreement. this claim was denied by the receivers ..... , in 1879, recorded in the office of the county recorder. (7) the evidence shows that after the execution of the foregoing deed and contracts, the kansas city company acquired from divers parties the necessary additional right of way between the park and the union depot, and proceeded to construct ..... upon by the parties in their respective briefs, may be stated as follows: this action was brought to compel the specific performance of a contract through which the colorado company claimed to be entitled to a joint use with the wabash company of that portion of the tracks of .....

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May 16 1892 (FN)

Miller Vs. Ammon

Court : US Supreme Court

..... those regulations by all engaging in the traffic is imperative, and it cannot be presumed, in the absence of express language, that the lawmakers intended that contracts forbidden by the regulations should be as valid as though there were no such regulations, and that disobedience should be attended with no other consequence than the liability ..... doing a thing which it forbids, that the statute must be examined as a whole to find out whether or not the makers of it meant that a contract in contravention of it should be void, or that it was not to be so," added: "it is true that a statute containing a prohibition and ..... his own state. if it be said that there is not simply a question of municipal or police regulation, but also one of contract rights, the reply is that no question of contract rights can arise till after that of the validity of the ordinance is determined, and also that the party who now seeks to ..... from a penalty without a prohibition; but it does not follow that the unlawfulness of the act was meant by the legislature to avoid a contract made in contravention of it. page 145 u. s. 427 when the statute is silent, and contains nothing from which the contrary can be properly inferred, ..... a contract in contravention of it is void." in the light of these authorities, the solution of the present question of not difficult. by the ordinance, a .....

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May 16 1892 (FN)

FranklIn Telegraph Co. Vs. Harrison

Court : US Supreme Court

..... of unforeseen causes and changed circumstances, unfair, unreasonable, and unconscionable, the court, speaking by mr. justice strong, said: "it may be doubted, however, whether the hardship of the contract is any greater than must have been contemplated when it was made. it is not unconscionable because ripley obtains a larger profit from it than was at first expected, or ..... york. page 145 u. s. 471 we do not find in all this the essential characteristics of a lease. why shall not the telegraph company perform the terms of its contract? its original execution was unattended by fraud, surprise, misrepresentation, imposition, concealment of material facts, or mistake. the parties thoroughly understood the situation, and knew what they were doing. ..... bros. & co. and the insulated lines telegraph company. the franklin telegraph page 145 u. s. 468 company was unwilling to enter into the proposed consolidation so long as that contract existed. thereupon negotiations were commenced with harrison bros. & co., which resulted in the agreement of may 21, 1867. the bill avers and the answer admits that said agreement "was ..... turn, with all other messages received for transmission, free of all charge and expense." the plaintiffs are the successors in business of harrison bros. & co., parties to the above contract, and entitled to all the rights conferred, and subject to all the liabilities imposed, by its provisions. the franklin telegraph company, june 14, 1876, leased all its property and .....

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