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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Page 95 of about 9,200 results (0.283 seconds)

Jan 18 1904 (FN)

Sanislaus County Vs. San JoaquIn C. and I. Co.

Court : US Supreme Court

..... to fix rates that would secure to it one and one-half percent a month income upon the capital actually invested in the undertaking. if not hampered by an unalterable contract, providing that a certain compensation should always be received, we think that a law which reduces the compensation theretofore allowed to six percent upon the present value of the property ..... preclude legislative interference with their exercise if the public interest should at any time require such interference. it is a provision intended to preserve to the state control over its contract with the corporators which, without that provision, would be irrepealable and protected from any measures affecting its obligation." it was also said (p. 82 u. s. 459 ): "the reservation affects ..... corporation under the act of 1862, and that, if otherwise construed, the act of 1885 would run counter to the constitutional provision that no law impairing the obligation of a contract should be passed, and the statute would be subjected to the further objection that, as so construed, the state would deprive complainant of its property without due process of law ..... in the california water act of 1862 that county boards of supervisors should regulate water rates but could not reduce them below a certain point does not amount to a contract with water companies, which would be impaired within the meaning of the federal constitution by a subsequent act either reducing the rates below such point or authorizing boards of supervisors .....

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Jan 04 1904 (FN)

Citizens' Bank Vs. Parker

Court : US Supreme Court

..... impose, any tax upon the ' bank's capital, ' and therefore there could by no possibility be, nor is there, any violation of any contract obligation through that act, even should there really be any existing obligation at all between the state and the defendant as to taxation." that there is a ..... citizens' bank, supra. the exemption of the charter includes a license tax. this, for the reasons stated, must be regarded as part of the contract between the state and the bank. and in reaching that conclusion, the rule requiring a strict construction of statutes exempting property from taxation has not been ..... of the constitutions and statutes of that state. the argument is the same as that directed against our jurisdiction, and has been answered. when a contract is asserted, and the constitution of the united states invoked to protect it, all of the elements which are claimed to constitute it are open to ..... the judgment of the court therefore does not rest upon them. the judgment rests upon the construction of the original charter -- that is, upon the contract between the state and the bank -- but to construe that is also our function. but, assuming that the judgment rests upon the grounds stated, we ..... to it. where it is res judicata that the original charter of a bank by which its capital is exempt from any tax constituted a contract within the impairment clause of the constitution, and that such exemption is not affected by subsequent charters and constitutions, and there is no doubt that .....

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Nov 27 1905 (FN)

Simpson Vs. United States

Court : US Supreme Court

..... indefinite oral agreement. the facts are stated in the opinion. mr. justice holmes delivered the opinion of the court. this case arises upon a contract between the commissary general of subsistence and the claimant by which it was agreed that the claimant should "deliver to the commissaries of the united states ..... commanding officers, they shall designate, such quantities of fresh beef . . . fit for immediate use . . . as from time to time they may require." the contract was to "be in force from the fifth day of january, 1899, to the thirtieth day of june, 1899, inclusive, or such less time for any post as ..... connected with both points by rail. there was a refrigerator plant there which had been erected by swift & co., so that, if the claimant regarded his contract as the supplement to that of swift & co., there was notice on the face of the earth that this point was supposed to be within their ..... the interior of the island." obviously the two phrases were used as meaning the same thing, and they may be considered in interpreting the word "interior" in the contract. bradley v. washington, alexandria and georgetown steam packet co., 13 pet. 89, 38 u. s. 101 ; stoops v. smith, 100 mass. 63, 65- ..... third parties. on february 21, he was notified that commissaries throughout the island had been instructed to call on him to furnish fresh beef under his contract whenever swift & co. could not do so under theirs, and he furnished beef for los quemados for the first thirteen days of march, and was .....

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Apr 10 1905 (FN)

Muhlker Vs. New York and Harlem R. Co.

Court : US Supreme Court

..... cause of action by reason of his being an abutter upon a public street. the plaintiff's rights, whether expressed in terms of property or of contract, are all a construction of the courts, deduced by way of consequence from dedication to and trusts for the purposes of a public street. they never ..... plaintiff acquired his title, those cases were the law of new york, and assured to him that his easements of light and air were secured by contract as expressed in those cases, and could not be taken from him without payment of compensation. and this is the ground of our decision. we ..... the land in the street had been taken from plaintiff's grantor by proceedings in invitum. and rights of abutting owners were held to rest in contract constituted by the conditions upon which the city received the property. equally untenable are the grounds of distinction urged in the case at bar against the ..... of the state and the duty of the railroads; the rights of abutting property owners must be considered, and, against their infringement, plaintiff urges the contract clause of the constitution of the united states and the fourteenth amendment. the latter is invoked because the act of 1892 does not provide for compensation to ..... the beds whereof had been deeded to the city of new york in trust for streets, that their easements of light and air were secured by contract, and could not be taken from them without compensation, and the courts of that state cannot change or modify their decisions so as to take away .....

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Jan 02 1906 (FN)

Hill Vs. American Surety Co.

Court : US Supreme Court

..... persons entering into formal contracts with the united states for the construction or repair of public buildings and works shall be required, before performing such work, to execute the usual penal bond with good ..... by the plaintiffs in the necessary prosecution of the work required by the original contract. the statute under consideration is entitled "an act for the protection of persons furnishing materials and labor for the construction of public works." it provides in substance that ..... the eleventh day of august, 1903, plaintiffs made the affidavit required by the statute, and procured from the secretary of war of the united states certified copies of the original contract and bonds; that the said new jersey foundry & machine company, the richard manufacturing company, and the united states accepted the said scraping and painting so done and performed ..... , and howard h. hill, the plaintiffs, the special instance and request of the said richard manufacturing company, scraped and painted the four observation towers, to be constructed under the contract with the said new jersey foundry & machine company, for which said page 200 u. s. 201 richard manufacturing company agreed to pay the said plaintiffs the sum of $246. .....

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Mar 25 1907 (FN)

Rochester Ry. Co. Vs. Rochester

Court : US Supreme Court

..... principles steadily in mind, we proceed to inquire whether the state of new york has authorized or directed the transfer from the brighton railroad to the rochester railroad of the contract of exemption. a legislative authorization of the transfer of "the property and franchises," morgan v. louisiana, ub. sup., picard v. tennessee &c.;, ubi supra, of "the ..... contention presents the question to be decided. this court has frequently had occasion to decide whether an immunity from the exercise of governmental power which has been granted by contract to one has, by legislative authority, been vested in or transferred to another, and in the decisions certain general principles, which control in the determination of the ..... rights, privileges, page 205 u. s. 237 and franchises of a corporation to another corporation does not authorize the transfer of a legislative contract of immunity from assessment. where a corporation incorporates under a general act which creates certain obligations and regulations, it cannot receive by transfer from another corporation an exemption which ..... in favor of the continuance of governmental power, and that clear and unmistakable evidence of the intent to part therewith is required, which applies to determining whether a legislative contract of exemption from such power was granted, also applies to determining whether its transfer to another was authorized or directed. a legislative authority to transfer the estate, property, .....

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Mar 11 1907 (FN)

United States Vs. Bethlehem Steel Co.

Court : US Supreme Court

..... no. of date for delivery date of delivery extent of carriages fixed by contract (actual) delay ----------------------------------------------------------- 16 aug. 4, 1898 jan. 28, 1899 77 days 17 sept. 4, 1898 mar. 6, 1899 183 " 18 oct. 4, 1898 apr. 13 ..... carriages, and ultimately delivered them to the united states, and they were accepted by the latter. the following table gives first, the date fixed by the said contract for the delivery of each one of said carriages; second, the date of its delivery, and, third, the extent of the delay in its delivery." ----------------------------------------------------------- ..... should prefer, instead of taking the average difference, that the exact difference per day for each particular carriage should be prescribed, the forms will be altered accordingly." "the contracts are returned, hoping this explanation will be satisfactory." "respectfully, d. w. flagler" " brigadier general, chief of ordnance " "thereafter it was found that an error ..... " "united states army" "washington, april 4, 1898" "the bethlehem iron co., south bethlehem, pa." "gentlemen: i am instructed by the chief of ordnance to transmit herewith contract, in quintuplicate, dated the 4th instant, for six 12-inch disappearing gun carriages, model 1896, for execution and return to this office." "respectfully, r. birnie" " capt., .....

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Feb 25 1907 (FN)

Gulf Colorado and Santa Fe Ry. Co. Vs. Texas

Court : US Supreme Court

..... find itself mulcted in penalties for not obeying the law of the other jurisdiction, simply because the shipper intended a transportation beyond that specified in the contract. it must be remembered that there is no presumption that a transportation, when commenced, is to be continued beyond the state limits, and the ..... had reached texarkana, to forward them to some other place outside the state? to state the question in other words -- if the only contract of shipment was for local transportation, would the state law in respect to the mode of transportation be set one side by a federal law ..... the corn, in obedience to the demands of the owner, to the texas & pacific railway company, to be delivered by it, under its contract with such owner. whatever obligations may rest upon the carrier at the terminus of its transportation to deliver to some further carrier, in obedience to ..... saylor & burnett and should be shipped to goldthwaite, from texarkana as soon as practicable, and, on december 26th, 1901, two days after this contract for purchase had been made, hardin was informed that the corn with which harroun commission company expected to fill his order would be sacked in ..... those findings are conclusive upon this court. an interstate shipment -- in this case of carload lots -- on reaching the point specified in the original contract of transportation, ceases to be an interstate shipment, and its further transportation to another point within the same state, on the order of the consignee .....

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Jan 07 1907 (FN)

Cleveland Elec. Ry. Co. Vs. Cleveland

Court : US Supreme Court

..... the action of the city council and the acceptance by the complainant of the various ordinances and resolutions adopted by that council, a valid contract has been entered into between the city and the complainant, by which the right to use the streets named in the ordinances by the garden ..... should be finally adjudicated upon by a court. a temporary restraining order was granted. the defendants made separate answers, denying the existence of any contract between the complainant and the city upon the subject of the garden street branch subsequent to march 22, 1905, and the forest city railway company ..... railroad, passed by the city council january 11, 1904, on the ground that it was null and void because it impaired the obligations of various contracts which the complainant alleged had been entered into between the complainant and the city, providing for the use until either july 13, 1913, or ..... council of cleveland, and the acceptance by the cleveland electric railway company of the various ordinances adopted by the council did not amount to a contract between the city and the company extending the time of the franchise involved in this action, and a later ordinance affecting that franchise after its ..... blair v. chicago, 200 u. s. 400 , 200 u. s. 471 . the ohio legislature has granted the city of cleveland comprehensive power to contract with street railroad companies with regard to the use of its streets and length of time, not exceeding twenty-five years, for which such franchise may be .....

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Nov 30 1908 (FN)

Phoenix Bridge Co. Vs. United States

Court : US Supreme Court

..... many express exactions looking to the execution of the work so as to enable the bridge to be continuously operated for the passage of trains during the progress of the contract. the contract contained the following clause: "5th. if any default shall be made by the party of the first part in delivering all or any of the work mentioned in this ..... necessary to expressly provide for the contingency of the interruption of navigation by the execution of the work, when such interruption was impossible to arise if the duties which the contract imposed were executed according to their express requirements. as the findings beyond peradventure established that the liftspan was the most feasible and least expensive substitute page 211 u. s. 199 ..... work for supporting the drawspan, although in so doing the navigation of the river would be entirely obstructed. and, upon the assumption that such is the true interpretation of the contract, it is urged the final receipt which was given did not constitute accord and satisfaction for the expenditure made concerning the liftspan. in logical order, the question of accord and ..... from such failure. nothing contained in this stipulation shall be construed to prevent the chief of ordnance, at his option, upon the happening of any such default, from declaring this contract to be thereafter null and void, without affecting the right of the united states to recover for defaults which may have occurred; but, in case of overwhelming and unforeseen accident .....

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