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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Page 94 of about 9,200 results (0.256 seconds)

Jun 02 1902 (FN)

Hagan Vs. Scottish Ins. Co.

Court : US Supreme Court

..... to describe, and limit the risk intended to be insured against, without striking out the printed words which may be applicable to a larger or different contract, is too well known, and has been too constantly recognized in courts of law to permit of any such conclusion. " page 186 u. s. ..... written shall prevail over the printed portion of a policy, as in such case the written, even more clearly than usual, will evidence the real contract between the parties. courts will not endeavor to limit what would otherwise be the meaning and effect of the written language, by resorting to some printed ..... been effected, it cannot be supposed that it was taken for the benefit of anyone who, by the express, though printed, terms of the contract, was distinctly excluded from having or acquiring any interest under it. it is not necessary to our conclusion that we should question the rule of ..... entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the insured now has, or shall hereafter make or procure, any other contract of insurance, whether valid or not, on property covered page 186 u. s. 425 in whole or in part by this policy; or if the subject of insurance ..... shall prevail over the printed portion of a policy, as in such case the written, even more clearly than usual, will evidence the real contract between the parties, and courts will not endeavor to limit what would otherwise be the meaning and effect of the written language by resorting to some .....

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Mar 03 1902 (FN)

Detroit Vs. Detroit Citizens' Street Ry. Co.

Court : US Supreme Court

..... 1899, reducing the rates of fare on the railways of the complainant, because, as averred, those ordinances are in violation of the federal constitution as impairing the obligation of contracts between the parties already existing, and therefore the claim is made that they should not be permitted to be enforced against the complainant where such enforcement might result in a ..... by the terms of which all of the property, rights, privileges, and franchises of your orator, its lessors and predecessors, including the franchises or rights fixed by the said various contracts and grants to charge the rates of fare therein named, together with all the tolls, fares, issues, earnings, and profits arising therefrom, have been mortgaged to trustees therein named for ..... prayed for, and they have appealed therefrom to this court. as further ground for equitable jurisdiction, the complainant, after setting up in the bill its alleged contracts with the city and the attempted violation thereof by the latter, made the following averments: "your orator further shows unto the court that as owner and lessee it is now ..... one route to another on payment of one fare of five cents, on the ground that such ordinances were violations of the federal constitution because they impaired the obligation of contracts theretofore entered into between the city and the various predecessors page 184 u. s. 370 of the complainant. the circuit court granted a decree perpetually enjoining the defendants as .....

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Feb 24 1902 (FN)

United States Vs. Barlow

Court : US Supreme Court

..... themselves and their heirs and assigns, and their personal and legal representatives, to abide by his, the said secretary's decision in the premises." the specifications referred to in the contract contain the following provision: "the ashlar must be of granite or sandstone, of quality approved by the engineer. all stones must be hard, clean, and free from seams and ..... advantageous or necessary to make any change or modification in the aforesaid plans and specifications, such change or modification must be agreed upon in writing by the parties to the contract, the agreement to set forth fully the reasons for such change, and the nature thereof, and the increased or diminished compensation, based upon the estimated actual cost thereof ..... full facilities for the inspection and superintendence of the same." " * * * *" "seventh. the construction of the said dry dock and its accessories page 184 u. s. 125 and appurtenances herein contracted for shall conform in all respects to and with the plans and specifications aforesaid, which plans and specifications are hereto annexed, and shall be deemed and taken as forming a ..... to be quoted: "first. the constructors will . . . construct and complete, ready to receive vessels, a dry dock, to be located at the place shown on a plan accompanying this contract at the naval station, puget sound, washington, and will, at their own risk and expense, furnish and provide all labor, materials, tools, implements, and appliances of every description -- all of .....

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Jan 06 1902 (FN)

Tucker Vs. Alexandroff

Court : US Supreme Court

..... protected cruiser, built, equipped, armed, and fitted (except the ordnance and torpedo outfit), subject to the approval of a board of inspectors appointed by the russian ministry of marine. that contract contained the following provisions: "art. 8. trials to determine the speed of the vessel shall be made by the contractors, in the presence of the board of inspection, and at ..... was a duly engaged seaman of that vessel, and on or before april 25, 1900, had deserted from her without any intention of returning. the variag was built under a contract in writing, dated april 23, 1898, between the william cramp & sons ship & engine building company of philadelphia, pennsylvania, and the russian ministry of marine, by which the cramp company agreed ..... imperial russian government, or they had taken actual possession of her. this, however, did not prevent the property passing to the russian government as stipulated by article x of the contract, though with a provision for an ultimate rescission. true, the russian flag had never been hoisted upon the vessel, but that was immaterial, as the government had not finally accepted ..... taken, she was a ship of war, as distinguished from a merchant vessel, notwithstanding she had not received her equipment or armament, and was still unfinished; (3) that, under her contract of construction, she was from the beginning, and continued to be, the property of the russian government, and was therefore a russian ship of war, notwithstanding she bad not received .....

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Oct 26 1903 (FN)

The Robert W. Parsons

Court : US Supreme Court

..... national government over admiralty and maritime matters was in furtherance of commerce between this nation and others, and designed to secure uniformity in respect thereto, and does not extend to contracts made in respect to vessels which are incapacitated page 191 u. s. 55 from foreign commerce, designed and used exclusively for mere local traffic within a state. i am ..... its courts was given exclusive jurisdiction over "all cases of admiralty and maritime jurisdiction?" did it mean that the judicial power of the united states should extend to controversies respecting contracts and torts concerning every vessel upon all the waters of the several states? it is not pretended that it did. take an inland lake, wholly within the limits of the ..... without foundation, there is still another, broader and deeper. i do not believe that, under the true interpretation of the constitution, the admiralty jurisdiction of the federal courts extends to contracts for the repairs of vessels engaged wholly in commerce within a state. i recognize the fact that this court has decided in a series of cases, commencing with the genesee ..... boat were subjects of the admiralty jurisdiction. the case is directly in point. it is believed that, since the case of the belfast, the distinction has never been admitted between contracts concerning vessels engaged in trade between ports of the same, and between ports of different, states. of course, nothing herein said is intended to trench upon the common law jurisdiction .....

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Jun 01 1903 (FN)

Patterson Vs. Bark Eudora

Court : US Supreme Court

..... to special restrictions for the purpose of securing the full and safe carrying on of commerce on the water. being so subject, whenever the contract is for employment in commerce not wholly within the state, legislation enforcing such restrictions comes within the domain of congress, which is charged with the ..... desertion or absence without leave during the life of the shipping articles." if the necessities of the public justify the enforcement of a sailor's contract by exceptional means, justice requires that the rights of the sailor be in like manner protected. the story of the wrongs done to sailors ..... states, and not in the general government, and any restraint, if exercised at all, can only be exercised by the state in which the contract is entered into; that the only jurisdiction possessed by congress in respect to such matters is by virtue of its power to regulate commerce, interstate ..... as seamen, demanded wages for the full term of service, ignoring the payment made at their instance to the shipping agent. the advanced payment and contract of shipment were not contrary to, or prohibited by, the laws of great britain. it was contended, however, that they were prohibited by the act ..... fact that its title states that it relates to american seamen cannot be used to set at naught the obvious meaning of the statute itself. contracts for seamen's wages are exceptional in character, and may be subjected to special restrictions, and whenever they relate to commerce not wholly within a .....

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Mar 23 1903 (FN)

Knoxville Water Co. Vs. Knoxville

Court : US Supreme Court

..... that, after fifteen years, the city should have the right to purchase the works at a price to be fixed by appraisers if not agreed upon. the contract contained three distinct parts: first, the promises of the company; next, those of the city, and last, the mutual undertakings. in the first part, the ..... questions here by writ of error. the water company was incorporated in tennessee in 1882 to construct waterworks in or near knoxville, with power to contract with the city and inhabitants for the supply of water, and to "charge such prices for the same as may be agreed upon between said company ..... excess of the rates fixed by the ordinances of the city of knoxville. the water company pleaded that the ordinances relied on violated the obligation of contracts between the city and itself, and deprived it of its property and liberty without due process of law, and so was contrary to the constitution ..... reserving the power in the municipal authorities to regulate the price of water, the subsequent ordinance was not void either as impairing the obligation of a contract, or as depriving the company of its property without due process of law. the case is stated in the opinion of the court. mr. justice ..... of the municipal authorities, and they should have power by ordinance to regulate the price of water supplied by such company. the company in 1882 contracted for an exclusive privilege for thirty years to construct works, and after fifteen years to convey to the city at a price to be agreed upon .....

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Feb 23 1903 (FN)

Bigby Vs. United States

Court : US Supreme Court

..... claimant. this court held that the action could not be maintained, and said that the reason for limiting suits to cases of express and implied contracts, as distinguished from cases formed on tort, "is very obvious on a moment's reflection. while congress might be willing to subject the ..... court. but former decisions may be consulted in order to ascertain whether this suit is embraced by the words, in that act, "upon any contract, express or implied, with the government of the united states." do those words include an action against the united states to recover damages for personal ..... the constitution of the united states or any law of congress, except for pensions, or upon any regulation of an executive department, or upon any contract, expressed or implied, with the government of the united states, or for damages, liquidated or unliquidated, in cases not sounding in tort, in respect ..... in charge of such elevator a competent and experienced person, and violated its contract with the petitioner in other ways; and" that, in consequence of said failures, respectively, the petitioner, "while entering the said elevator without negligence ..... care, and to employ for the purposes of the operation of said elevator a competent and experienced person. . . ." that, in "violation of said contract, the united states failed to carry the petitioner safely, or to operate the elevator with due care, or to employ for the operation and to put .....

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Feb 23 1903 (FN)

Chicago theological Seminary Vs. Illinois

Court : US Supreme Court

..... seminary. i cannot, moreover, conceive that the words of the statute, immediately following the section granting the exemption, commanding that the provisions of the contract "shall be liberally construed in all courts for the purposes therein expressed," should have what seems to me their plain meaning disregarded by causing them ..... the corporation? is the question at issue. it is admitted that, if the exemption applies to the theological page 188 u. s. 680 seminary, the contract has been impaired, and the judgment should be reversed. it is now decided that the exemption relates only to the seminary -- that is, to the ..... proposition that exemptions from taxation are stricti juris -- that is, not to be extended by implication. this, however, does not imply that a contract exemption is to be disregarded, simply because it may be possible for a subtle mind to suggest a possible doubt as to the exemption, however conjectural ..... hence the judgment was not final, and not susceptible of being brought to this court to test the issues involving the constitutional right under the contract. after the record in the previous case reached the trial court, the case was not further pressed by the plaintiff for such length of ..... affirm the principle that this court in this class of cases must decide upon its own responsibility as to the existence and meaning of the contract, but, in arriving at such meaning in a case like this, the decision of the state court is entitled to exercise marked influence upon .....

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May 31 1904 (FN)

Shepard Vs. Barron

Court : US Supreme Court

..... to pay the bonds. in this view, the constant and frequent promises and representations made by the plaintiffs after the work was embarked upon are material evidence of the implied contract to pay for the work, arising from the request for its performance. it is therefore upon these facts, immaterial that the law under which the proceedings were conducted was unconstitutional ..... number of the property owners had informed the contractor that they would rather have grass seed sown thereon. the petitioners concluded: "we therefore petition that you cancel the above mentioned contract, and that each one, for their respective frontage upon said street, will see to it that grass seed is sown upon said sideways of east broad street this fall, ..... and adorning the circle, upon page 194 u. s. 557 the condition that the street around the circle should be completed and paved in accordance with the plat, order, and contract mentioned. the plaintiffs, acting under the name of the alum creek ice company, together with the other owners of real estate abutting upon these improvements, addressed a written communication to ..... bill was filed on june 12, 1899, for the purpose of enjoining the collection of the balance remaining unpaid on the assessment, on the grounds already stated. immediately after the contract for doing the work of improvement was entered into between the county commissioners and the contractor, and in compliance with the provisions of the act (section 13), the commissioners designated .....

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