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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Page 92 of about 9,200 results (0.165 seconds)

Jan 08 1894 (FN)

Angle Vs. Chicago, St. P., M. and Omaha Ry. Co.

Court : US Supreme Court

..... therefore the act is a mere nullity." "this solemn question cannot be brought thus collaterally and incidentally before the court. it would be indecent in the extreme, upon a private contract between two individuals, to enter into an inquiry respecting the corruption of the sovereign power of a state. if the title be plainly deduced from a legislative act, which the ..... control of the portage company was passing into the hands of hostile interests, surrendered the collateral which had been already transferred to them and declined to proceed further in the contracts which had been entered into. continuing the execution of this conspiracy, the omaha company notified the general manager of the portage company of the purchase of the outstanding stock and ..... , who, through circumstances named in the bill, had become sole stockholders in that company, to wrest the land grant from the portage company, and to prevent a. from completing his contract. it set forth sundry steps in the alleged conspiracy, and charged that the legislature of wisconsin had been induced by the conspirators to pass, the act forfeiting the land grant ..... company became embarrassed, and then broke down. in 1878, the legislature of wisconsin extended the time for the construction of the portage company's road three years. in 1881, a contract was made with a. for its completion, under which work was resumed with vigor and was diligently prosecuted, with every prospect that the road would be completed within the extended .....

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Dec 16 1895 (FN)

Townsend Vs. Vanderwerker

Court : US Supreme Court

..... this event, he did not act with sufficient promptness. the only circumstance that occurred during the period of nine years from the time the contract was made which was calculated to excite his suspicion that she did not intend to carry out her alleged agreement was the execution of a ..... 1407; bostwick v. beach, 103 n.y. 414. in the case under consideration, mrs. marvin had but partially disabled herself from carrying out her contract with the plaintiff according to its original terms by encumbering the property with the trust deed in favor of white. under such circumstances, the plaintiff might have ..... plaintiff had sustained any damages. the american cases are also to the effect that where the defendant has only partially disabled himself from carrying out the contract, the plaintiff may be entitled to a specific performance so far as it can be enforced, and may receive compensation in damages for the deficiency ..... and it was very properly held that his only remedy was at law. but if the defendant has not wholly disabled himself from carrying out the contract, he may be decreed to perform specifically so much as he is still able to perform, and plaintiff may recover damages for the residue. thus ..... prosecution of a claim against the republic of mexico. it was held that the death of the owner of the fund did not dissolve the contract, but that the right to compensation constituted a lien upon the money when recovered, and that this was sufficient ground for jurisdiction in equity .....

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Nov 18 1895 (FN)

United States Vs. Union Pacific Ry. Co.

Court : US Supreme Court

..... corporations created by it or that had accepted the bounty of the government. it was never intended that the railroad companies accepting such bounty should be able, by any contract or arrangement with telegraph companies, to discharge themselves, for all time and beyond the authority of congress otherwise to provide, from the obligation to exercise, by their ..... a state, interfere with private rights, except for legitimate governmental purposes. they are not included within the constitutional prohibition which prevents states from passing laws impairing the obligation of contracts; but, equally with the states, they are prohibited from depriving persons or corporations of property without due process of law. they cannot legislate back to themselves, without making ..... pacific railway & telegraph company, a corporation of colorado. the present suit proceeds on the ground that the union pacific railway company is conducting its business under certain contracts and agreements with the western union telegraph company that are not only repugnant to the provisions of the above act of 1888, but are inconsistent with the rights of ..... the duty of all railroads and telegraph companies to report to the interstate commerce commission in relation to certain matters and to file with that body copies of all contracts and agreements of every description between it and every other person or corporation in reference to the ownership, possession, maintenance, control, use, or operation of any telegraph .....

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Oct 21 1895 (FN)

Gilfillan Vs. Mckee

Court : US Supreme Court

..... not have been for services subsequently rendered, although section 5 provides that the payments therein directed to be made should be accepted as full discharge and satisfaction of all the contracts and obligations of the choctaw nation to any and all attorneys for services rendered to the nation in the prosecution of said claim. this appropriation was evidently intended to discharge ..... nation, after reciting the recovery of the judgment, and that mckee and his associates were making proper efforts to secure from congress an appropriation for the payment, enacted that the contract with mckee and another with one luce should be recognized as valid, that the services required had been fully performed, and that, to satisfy the obligations of the choctaw ..... lamon. 7. nothing, however, was definitely accomplished before july 16, 1870, when, for reasons unnecessary to be here stated, the delegates of the choctaw nation entered into a new contract with james g. blunt and henry e. mckee to prosecute their claim, stipulating to pay them for their services and expenses thirty percent of the sum already awarded and due ..... and to lamon, in specified proportions. lamon was awarded $35,000 and interest for his services and disbursements, and the claims of lamon and black as assignees of the cochrane contract, and as surviving partners, were disallowed. mcpherson, as executor, appealed from so much of the decree as denied him participation in the general fund, gilfillan and others from the decree .....

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Apr 18 1896 (FN)

Woodruff Vs. Mississippi

Court : US Supreme Court

..... and by drawing inferences or implications therefrom as to what its true meaning is. the nature of the question does not change according as the contract upon which the right rests is plainly or ambiguously stated. nor does the right to construe the state statute depend upon the condition that the ..... in error. in that case, the defendant claimed a right under the constitution to demand and receive payment of his note in specie according to the contract, and this was denied him, and a decree entered canceling the mortgage given as collateral security for the note. this court reviewed the decision on ..... payable in gold coin, and it also held that the levee commissioners were not authorized to issue bonds so payable. whether the meaning of the contract was arrived at from the plain language of the bonds, or was an inference or implication to be drawn from all the language used therein, the ..... the argument is not unreasonable that the corporation intended the purchasers to expect payment in the money in which the indebtedness was stated to have been contracted; but the agreement to pay the designated sums did not specify any particular kind of money, and the obligation was to pay what the law ..... the inquiry as to the medium in which the bonds were payable, and, if in gold coin, the effect thereof involved the right to enforce a contract according to the meaning of its terms as determined by the constitution and laws of the united states, interpreted by the tribunal of last resort, and .....

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Mar 02 1896 (FN)

Spalding Vs. Mason

Court : US Supreme Court

..... . . . . . . . . 1,300.00 whole of postage in 1888 . . . . . . . . 1,240.00 whole of postage 5 months, 1889. . . . . 518.50 --------- total . . . . . . . . . . . . . . . . $9,173.50 page 161 u. s. 394 the contract did not contemplate a necessity for expenditures in connection with the collection of fees, as, on june 3, 1880, it was believed that drafts for the amounts of the difference ..... the court erred in holding that the complainant was not chargeable with any part of the expenses of prosecuting claims obtained by the defendant." it was expressly stipulated in the contract of june 3, 1880, that the one-fourth interest of mason should be "free from all charges of expenses in prosecuting said claims to collection." these assignments therefore depend ..... all the claims. various sums were also set out, claimed to have been expended after january 17, 1881 -- the date of the alleged new and oral contract -- for clerk hire, printing, office rent, postage, discounts, interest, etc., in prosecuting the business. it was specifically stated that "this statement does not include the ten percent expended, ..... statement, after deducting therefrom what he has already received thereabouts, any debt is or will at any time be due to the said complainant by this defendant because of the contract of june 3, 1880, and subsequent dealing between the parties thereto." an additional answer was subsequently filed giving a more detailed account of the receipts, etc., in connection with .....

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Mar 02 1896 (FN)

Hansen Vs. Boyd

Court : US Supreme Court

..... and competent evidence, to be considered by them in determining the entire intentions of the plaintiffs in respect thereto, and as affecting and showing the original intention with which said contracts were made and were to be executed and closed; that said charge here excepted to characterizes said evidence as no evidence, and virtually takes the same from the jury; that ..... public policy." "12. courts, however, must recognize from necessity the methods of carrying on business at the present day, and apply well settled principles of the common law to enforce contracts unless they are forbidden by statute or violate some rule of public policy. the daily mercantile business of the country, mercantile deals -- and by that i mean the sale and ..... , plaintiffs contended that the transactions were legitimate purchases and sales of wheat under the rules of the chicago board of trade; that deliveries were intended by the parties to the contracts on the board of trade; that boyd & bro. and hansen understood that actual purchases and deliveries of wheat were intended. on the other hand, hansen claimed that no actual purchases ..... of services rendered in connection therewith. defendant pleaded that the plaintiffs did not purchase or sell any grain for his account, but that the transactions in question were mere wagering contracts, intended by both as gambling upon the price of wheat, and that the moneys expended by the plaintiffs on account of the matters sued for were advanced at the city .....

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Dec 06 1897 (FN)

Adams Vs. Henderson

Court : US Supreme Court

..... had assumed to convey to them. that a court of equity has power to correct this mutual mistake, make the instruments given in execution of the contract conform to the real intention of the parties as established by clear and convincing proof, and hold the parties to their actual agreement, cannot be doubted. ..... plaintiffs, with interest. the decree rendered was in accordance with the prayer of the cross-complaint. in legal effect, it was a decree rescinding the contract between the parties because of the inability of the plaintiffs to make a sufficient title to the lands sold by them. under the facts stated, the ..... returned by the bank to adams and shilling. after reed and henderson notified adams and shilling of page 168 u. s. 578 the rescission of the contract of sale, and before the bringing of this suit, adams and shilling tendered another deed -- a special warranty deed, containing a proper description of the ..... of the southwest quarter of that section, and of the northeast quarter of the southwest quarter of the same section, in weber county, utah. the land contracted for, it will be observed, was in township page 168 u. s. 576 five, while the land actually conveyed was in township six. but the ..... reservation, but not as to other minerals. held that r. & h. were not bound to accept the deed tendered, and were entitled to have the contract rescinded, and to receive back the money paid by them. the case is stated in the opinion. mr. justice harlan, after stating the facts in the .....

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Jan 25 1897 (FN)

Robertson Vs. Baldwin

Court : US Supreme Court

..... personal services for another, the court cannot refuse to act because the party seeking relief had voluntarily agreed to render such services during a given period. the voluntary contracts of individuals for personal services in private business cannot justify the existence anywhere or at any time in this country of a condition of involuntary servitude not imposed as ..... a service which was voluntary at the outset, but became involuntary before the agreed term of service was ended; consequently, "an individual may, for a valuable consideration, contract for the surrender of his personal liberty for a definite time and for a recognized purpose, and subordinate his going and coming to the will of another during the continuance ..... thirteenth amendment was adopted, and similar legislation abroad from time immemorial, it cannot be open to doubt that the provision against involuntary servitude was never intended to apply to their contracts. the judgment of the court below is therefore affirmed. mr. justice harlan, dissenting. the appellants shipped on the american barkentine arago, having previously signed articles whereby they ..... thirteenth amendment forbidding slavery and involuntary servitude, and it cannot be open to doubt that the provision against involuntary servitude was never intended to apply to such contracts. the contract of a sailor has always been treated as an exceptional one, and involving to a certain extent the surrender of his personal liberty during the life of the .....

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May 09 1898 (FN)

Rhodes Vs. Iowa

Court : US Supreme Court

..... sell to the dominion of state authority should not, without the clearest implication, be held to imply the purpose of subjecting to state laws a contract which, in its very object and nature, was not susceptible of such regulation even if the constitutional right to do so existed, as to which ..... held in the bowman case, the inevitable consequence of allowing a state law to forbid interstate shipments of merchandise would be to destroy the right to contract beyond the limits of the state for such shipments. if the construction claimed be upheld, it would be in the power of each state to ..... so as to subject persons and property beyond their borders to the restraints of their laws. if the act of congress be construed as reaching the contract for interstate shipment made in another state, the necessary effect must be to give to the laws of the several states extraterritorial operation, for, ..... its statutory regulations merchandise shipped from another state the moment it reached the line of the state of iowa, and before the consummation of the contract of shipment by arrival at its destination and delivery there to the consignee. and it is to this question that the discussion at bar has ..... from one state into another from the point of transmission to the point of consignment, and the accomplishment there of the delivery covered by the contract. this protection of the constitution of the united states is plainly denied by the statute now under review, as its provisions are interpreted by the .....

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