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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Page 93 of about 9,200 results (0.067 seconds)

Apr 25 1898 (FN)

Calderon Vs. Atlas Steamship Co.

Court : US Supreme Court

..... contravention of the harter act. indeed, we understand it to be practically conceded that under the construction we have given to this clause of the contract, the exemption would be unreasonable and invalid. the decree of the district court is therefore reversed, and the case remanded to that court, with ..... in chicago, milwaukee &c.; railway v. solan, 169 u. s. 133 , 169 u. s. 135 , wherein it was said that "any contract by which a common carrier of goods or passengers undertakes to exempt himself from all responsibility for loss or damage arising from the negligence of himself or servants ..... where the purpose of the statute is alike applicable to all." see also endlich on the interpretation of statutes, 4. in this case, the contract is one prepared by the respondent itself for the general purposes of its business. with every opportunity for a choice of language, it used a ..... these words is that the carrier shall not be liable to any amount for goods exceeding in value $100 per package. it is true that contracts for the carriage of goods by water, as well as by land, frequently contain a provision limiting the liability of the carrier to a certain ..... payne, 86 va. 481; j. j. douglas company v. minnesota transportation co., 62 minn. 288. we are, however, not content with the construction put upon the contract by the courts below. whether the limitation of liability to goods above the value of $100 per package applies to "gold, silver, bullion, specie, documents, jewelry, pictures .....

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Apr 11 1898 (FN)

Chicago, B. and Q. R. Co. Vs. Nebraska Ex Rel. Omaha

Court : US Supreme Court

..... given by which the control of a certain street had been surrendered; that such matters cannot, from their public nature, be made the subject of a final and irrevocable contract. another ground of complaint is that the act in question delegates to the municipality authority, in cases where two or more railway companies own or operate tracks across public streets ..... viaduct over railroad tracks located across a public street may be essential to the public safety, it does not follow that a legislative enactment impairing the obligation of an existing contract is necessary to secure its construction and maintenance, and that any attempt upon behalf of the state to establish a viaduct through such legislation, however necessary the viaduct itself ..... any viaduct or viaducts, after having been required so to do as herein provided, to proceed with the erection, construction, reconstruction, or repair of such viaduct or viaducts by contract or in such other manner as may be provided by ordinance, and assess the cost of the erection, construction, reconstruction, or repair of such viaduct or viaducts against the property ..... paid by said union pacific railway company and one-fourth thereof to be paid by said omaha and southwestern railroad company. . . . the plans and specifications for said viaducts, before contracts for the construction thereof are entered into, shall be submitted to and approved by said parties of the second part, and should plans and specifications be adopted by said party .....

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Nov 13 1899 (FN)

New Orleans Vs. Warner

Court : US Supreme Court

..... the city had wholly denied the right of complainant, or distinctly refused to perform its obligation, or had wholly disabled itself from complying with its contract, a different question might have arisen, but the mere abandonment of the work was not sufficient to obviate the necessity of a demand. berard v ..... 86 for moneys advanced. at the time the constitutional amendment went into effect, the work was being carried on by van norden under the above contracts with the ship canal company. the assessments, both against the city and individuals, which constitute the debt from which the warrants are to be ..... it was to those in the peake case, a compulsory trustee, but a voluntary contractor, and that it could not, when purchasing property and contracting to pay for it out of a particular fund and issuing warrants therefor payable out of such fund, deliberately abandon that duty, take steps to ..... application of the peake case, certified to this court the questions: first, whether the city, under the warranties, expressed and implied, contained in the contract of sale of june 7, 1876, by which it acquired the property and franchise from warner van norden, was estopped from pleading against the complainant ..... of their property and the relinquishment of all their claims for damages, for the sum of $300,000, payable in drainage warrants. in this contract of sale, the city covenanted and agreed "that the existing rights and powers of the holders of drainage warrants, under the civil acts of the .....

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May 22 1899 (FN)

Mcmullen Vs. Hoffman

Court : US Supreme Court

..... to mt. tabor of wrought iron or steel, making and laying pipe: hoffman & bates . . . . . . . . . . . . . . . $465,722.00 san francisco bridge company. . . . . . . . . 514,664.00 (the profits arising out of this contract are the subject of the controversy herein.) head works: hoffman & bates . . . . . . . . . . . . . . . $ 17,800.00 san francisco bridge company. . . . . . . . . 16,550.00 page 174 u. s. 642 bridges: hoffman & bates . . . . . . . . . . . . ..... intentionally presented to the water committee in a false and deceptive light. page 174 u. s. 651 upon general principles, it must be apparent that biddings for contracts for public works cannot be surrounded with too many precautions for the purpose of obtaining perfectly fair and bona fide bids. such precautions are absolutely necessary in order to ..... successful perpetration of fraud in the way of combinations among those who are ostensible rivals, but who in truth are secretly banded together for the purpose of obtaining contracts from public bodies, such as municipal and other corporations, at a higher figure than they otherwise would. just how the fraud is to be successfully worked out ..... considerations, and in order the better to secure the public against dishonest transactions. to refuse to grant either party to an illegal page 174 u. s. 670 contract judicial aid for the enforcement of his alleged rights under it tends strongly towards reducing the number of such transactions to a minimum. the more plainly parties understand .....

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Apr 08 1899 (FN)

Henderson Bridge Co. Vs. Henderson City

Court : US Supreme Court

..... above stated, and are null and void, as contrary to that provision of the constitution of the united states forbidding any state to pass a law impairing the obligation of contracts, and as contrary to those constitutional provisions, state and federal, that prohibit the taking of private property for public uses without just compensation; that the above legislative acts and ..... a business enterprise. so it seems much more reasonable to suppose that the contracting parties intended to do this reasonable thing -- to-wit, to receive some consideration for the grant of privileges, rather than indulge in a mere nudum pactum. the appellant, at ..... to suppose that the appellee would contract for the right to thus tax the appellant in consideration of granting these essential rights and privileges by which the appellant acquired the right to construct and operate so profitable ..... about which there was no possible ground of dispute, but when it is considered that the right to tax the bridge to the indiana shore might be legitimately obtained by contract, and that the appellee granted to the appellant rights and privileges essential to its enterprise, designed to make money, and is making a large percent, it is entirely reasonable .....

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Jan 09 1899 (FN)

Columbia Water Power Co. Vs. Street Railway Co.

Court : US Supreme Court

..... said board of trustees, to any person or corporation, subject, however, to all the duties and liabilities imposed thereby, and subject to all contracts, liabilities, and obligations made and entered into by said board prior to such sale and transfer, upon the approval and consent of nine members ..... hundred horsepower of water power reserved to the penitentiary, with the exception of the one hundred horsepower so reserved for its private use. this contract was subsequently ratified and confirmed by an act of the general assembly approved december 24, 1892. while no special mention is made in ..... were both set forth in the answer, and relied upon by the defendant as its authority for the erection of its works. in this contract, the defendant agreed to erect on the western bank of the canal, opposite the penitentiary, suitable water wheels, of sufficient capacity to utilize and ..... authority to sell, alienate, and transfer the canal, with its appurtenances, lands, and franchises, to any person or corporation, subject, however, to all contracts, liabilities, and obligations made and entered into by said board prior to such sale and transfer. pursuant to this authority, the board of trustees on january ..... five hundred horsepower referred to in the complaint, but being without means to page 172 u. s. 483 develop the same, entered into a contract, dated may 26, 1892, with the defendant whereby it was stipulated that the defendant should erect suitable works and machinery for the development of .....

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Oct 16 1900 (FN)

Saxlehner Vs. Eisner and Mendelson Co.

Court : US Supreme Court

..... that plaintiff is estopped by their act in further asserting title to them. this defense presupposes that the apollinaris company had power to bind saxlehner by its admission and contract. certainly the contract gave it no such power in express terms. saxlehner did not purport to make page 179 u. s. 34 the company his agent. he agreed to sell the ..... the american market. a narrow strip on the top of the label was added, containing the imprint of the apollinaris company as importers, and from 1876, the date of the contract, until 1886, the business was carried on by the apollinaris company in this country without any important competitors. in 1886, however, mattoni & wille began to consign "hunyadi matyas" bitter ..... 1877, they began selling these waters in hungary, claiming certain specific differences of composition of the various waters which recommended them for different purposes. in february, 1876, saxlehner made a contract with the apollinaris company, limited, of london, by which that company agreed to purchase a certain quantity yearly, and saxlehner bound himself for a term, which finally expired in 1896 ..... with the labels and capsules affixed thereto as before stated, with the knowledge, consent, and acquiescence of saxlehner and his agents; that defendant, a pennsylvania corporation, entered into a contract with the owners of the "hunyadi matyas" spring, and obtained the exclusive right to import their waters into the united states for the term of twenty-five years; that in .....

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Apr 08 1901 (FN)

Whitney Vs. Hay

Court : US Supreme Court

..... that although, in a suit to enforce the specific performance of a parol agreement in reference to land, the defendant cannot be directly charged upon the alleged contract itself, he may be held -- the evidence clearly showing part performance, in substantial particulars, of such agreement -- to do what justice requires to be ..... permitting a party to escape from the engagements he has entered into, upon the ground of the statute of frauds, after the other party to the contract has, upon the faith of such engagement, expended his money or otherwise acted in execution of the agreement. under such circumstances, the court will struggle ..... this court: in neale v. neale, 9 wall. 1, 76 u. s. 9 , where it was said that "the statute of frauds requires a contract concerning real estate to be in writing, but courts of equity, whether wisely or not it is too late now to inquire, have stepped in and relaxed ..... , or collateral to it, and independent of it." a case of such interference is when a court of equity enforces the specific performance "of a contract within the statute, where the parol agreement has been partly carried into execution. the distinct ground upon which courts of equity interfere in cases of this ..... with the objects intended to be subserved by the statute of frauds; for the decree in favor of hay does not charge piper upon his parol contract with him, but rests upon the equities arising out of the acts and conduct of the parties subsequent to the making of the original agreement. .....

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Mar 25 1901 (FN)

Freeport Water Co. Vs. Freeport City

Court : US Supreme Court

..... that it was not enacted under the authority to regulate private corporations, but upon the supposed existence in the legislature of a common law right to fix rates, any contract to the contrary notwithstanding. this will become manifest when it is observed that the statute in question authorized municipalities to fix the rates for the supply of water, whether ..... to fix the rates for such time, the reservation found in the general private incorporation law operated to confer upon the legislature the right to change the rates, because the contract, although originally made by the city with an individual, had been assigned to the defendant, a private corporation organized under the general private incorporation law. these propositions practically embrace ..... any way without the consent of both parties thereto or their successors or assigns. on june 27, 1872, within the time limited, shelton filed his written acceptance of the contract. in the following august, he assigned all his rights to the plaintiff in error, a corporation organized under the provisions of the general statute relating to private corporations, approved ..... great emphasis, quoting those cases. the court, however, left it disputable, placing the decision on other grounds. there was at least admonition in those cases to persons entering into contracts with municipalities. if there was anything more, we need not decide, as there are other grounds for judgment. the supreme court did decide in the danville case (1) that, .....

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Jun 02 1902 (FN)

Capital City Light and Fuel Co. Vs. Tallahassee

Court : US Supreme Court

..... lighting its streets and buildings from the company at prices not to exceed the amounts named for a certain term of years. there is no contract therefore between the city and the company that the latter shall have the right to furnish the city for lighting its streets and public buildings ..... the foregoing statement of facts, delivered the opinion of the court. the plaintiff in error claims that, under the city ordinance, it has a valid contract for the exclusive use of the streets of the city of tallahassee for the purpose of furnishing both gas and electric light, and that the subsequent ..... , to-wit, until the year 1913. the bill also prayed that the city should be enjoined from making or entering into any contract or from performing any contract with any corporation or firm for furnishing electric lighting and other machinery, and that the city should be enjoined from issuing its bonds ..... with the company as the lawful successor of the tallahassee gas & electric light company and the legal assignee of all the rights, franchises, privileges, and contracts created and conferred on that company by the ordinance of the city of tallahassee. the legislature, on june 5, 1897, passed an act, chapter 4600 ..... tallahassee has never been under obligation to take electric lighting from the capital city light and fuel company. there has been no impairment of any contract between the city and the plaintiff in error or its predecessor, and the city has the right to avail itself of the privileges granted .....

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