Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1873 Page 2 of about 53 results (0.079 seconds)

1873

The Delaware Railroad Tax

Court : US Supreme Court

Decided on : Jan-01-1873

..... subjected. and when such immunity is conferred or such limitation is prescribed by the charter of a corporation, it becomes a part of the contract and is equally inviolate with its other stipulations. but before any such exemption or limitation can be admitted, the intent of the legislature to ..... in all cases, when it becomes necessary to apply it, is whether the particular legislative interference alleged does in fact impair the obligation of the contract, for it is not every kind of legislative interference with the powers, action, and property of the corporation which will have that result. it ..... [ footnote 1 ] nor does it make any difference that the uses of the corporation are public if the corporation itself be private. the contract is equally protected from legislative interference whether the public be interested in the exercise of its franchise or the charter be granted for the sole benefit ..... capital stock of four hundred thousand dollars, being accepted by the stockholders of the two companies by their union into one company, constituted a contract between the new company and the state of delaware, which precluded that state from imposing any greater or different tax upon the capital stock ..... and that when such immunity is conferred or such limitation is prescribed by the charter of a corporation, it becomes a part of the contract, and is equally inviolate with its other stipulations, yet before any such exemption or limitation can be admitted, the intent of the legislature to .....

Tag this Judgment!

1873

Tiffany Vs. Boatman's Institution

Court : US Supreme Court

Decided on : Jan-01-1873

..... was the limit allowed by its charter upon its loans or discounts. the charter, like that of the boatman's institution, did not declare void any contract transcending the permitted limits nor affix any penalty for the violation of the law. it was contended in that case, as it has been in this, ..... the bank takes more than the rate prescribed, the contract shall be avoided or not on these general rules; nor is this a matter of surprise if we consider the growing inclination to construe statutes against ..... 8 percent for the loan. no penalty is prescribed for transgressing the law, nor does the charter declare what effect shall be given to the usurious contract. this effect must therefore be determined by the general rules of law. the modern decisions in this country are not uniform on the question whether, if ..... an individual to receive ten percent per annum interest for the loan of money, but if more be taken and suit is brought to enforce the contract, and the plea of usury be interposed, the whole interest is forfeited to the proper county for the use of schools. the debtor is not ..... . [ footnote 1 ] the act proceeds: "section 5. if any action or suit shall hereafter be commenced upon any bond, note, mortgage, specialty, agreement, contract, promise or assurance whatever, which shall be made within this state, the defendant may in his answer show that a higher or greater rate of interest than 10 .....

Tag this Judgment!

1873

Tioga Railroad Vs. Blossburg and Corning Railroad

Court : US Supreme Court

Decided on : Jan-01-1873

..... commencement of actions, other than for the recovery of real property, shall be as follows:" "section 91. within six years: 1. an action upon a contract, page 87 u. s. 145 obligation, or liability, express or implied (excepting judgments and sealed instruments)." "section 100. if, when the cause of action ..... counsel for the plaintiff in error (the defendant below) insists "that it was proved and conceded that during all the time of the existence of the contract of 1851, the defendant had property within the state of new york, an office at corning, new york, directors, officers, and agents, constantly within ..... blossburg company availed itself of this condition of things by bringing a suit against the defendant for a portion of the demand claimed under the contract now in controversy, recovered judgment and collected the same, and that in fact this suit was commenced by personal service of a summons upon ..... , as the counsel of the defendant asserted, showed -- what he alleged was not denied -- "that during all the time of the existence of the contract of 1851, the tioga company had property within the state of new york, an office at corning, directors, officers, and agents, constantly within that state ..... its part of the road by purchase in 1855, succeeding to the rights of a former company called the corning & blossburg railroad company. by contract made in 1851, the corning or new york end of the line was leased to the tioga railroad company under certain terms and stipulations, amongst .....

Tag this Judgment!

1873

Lucas Vs. Brooks

Court : US Supreme Court

Decided on : Jan-01-1873

..... under the lessors because, as it is claimed, it was a lease for her separate use. this claim, however, is without any foundation in the contract. there is no word that looks to the exclusion of the husband. no particular phraseology, it is true, is necessary for the creation of a separate ..... his authority in suing out such warrant, acting without the knowledge or consent of his principal, after his principal, the plaintiff, had, by notice, according to the contract of lease, terminated the tenancy, in which event he would be entitled to recover." the record adds: " to which instructions the defendant excepted. " the instructions ..... circumstances of this case, in disclaiming his landlord's title." "before the plaintiff can recover, the jury must be satisfied that the notice required by the contract of lease was given, and, if given by the plaintiff, and there was afterwards a distress warrant sued out to recover rent due and in arrear ..... it upon giving one year's notice creates a tenancy from year to year, which may be terminated upon one year's notice as prescribed by said contract of lease." "the relation of landlord and tenant having been established, as set forth in the preceding instruction, the tenant is estopped from denying his ..... tenant between him and the lessors; and the fact that no particular time is mentioned in the page 85 u. s. 445 contract of lease, when such relation should cease between the parties, taken in connection with the fact that the plaintiffs reserved in the .....

Tag this Judgment!

1873

Bulkley Vs. United States

Court : US Supreme Court

Decided on : Jan-01-1873

..... commenced, the wagons had been ordered back to their place of departure, unloaded, and the transportation abandoned, there would have been no breach of the contract. the change would have been within its letter and meaning. a multo fortiori might such a change be made and carried out before the transportation ..... cannot be maintained, and that the court of claims came to the right conclusion. outside of the fourth article there is nothing in the contract which gives the slightest support to the claim. the other stipulations are that bulkley should transport in the manner provided, and within the times mentioned ..... here the claim for profits, as the rule of compensation, is renewed. it is insisted that every notice was a specific agreement within the original contract on the part of the government that the freights specified should be furnished, and that the united states are liable accordingly. we think this theory ..... . appeal from the court of claims, in which court h. s. bulkley filed a petition against the united states to recover damages on a contract for the transportation of army supplies in the west, by which, as he alleged, the government, after having given him notice that it would ..... . held further that, the government having thrown upon him needless expense by requiring him to make ready for the transportation of freights under the contract, which they did not in the end require to be transported, he was entitled to recover for the expense to which he was thus subjected .....

Tag this Judgment!

1873

Stitt Vs. Huidekopers

Court : US Supreme Court

Decided on : Jan-01-1873

..... this was excluded by the court, and its exclusion is assigned for error. while it is certainly true that in some classes of cases a contract between persons not parties to the suit may, when introduced, be contradicted or varied by parol testimony, the principle can have no application in a ..... this subject." " * * * *" "the great and controlling question is whether the plaintiff made such a sale, or rather whether the contract made by him with backus & morse was such a sale or negotiation of a sale page 84 u. s. 393 as the plaintiff, under his agency for ..... he who attempts to show ratification is the person whose duty it was to give the defendants full information, and to furnish them with a copy of the contract he had made while claiming to be acting as their agent." "you will not overlook the evidence that the plaintiff admitted he had transcended his authority upon ..... of lands in the oil region? did alfred huidekoper agree to give such a perpetual or indefinite refusal. this is a suit upon an alleged joint contract, and both defendants must be liable or neither is. the evidence seems to show, though this is for you." &c.; [the learned judge then ..... called the united states well, having greatly risen and apparently still rising in value and stitt not having communicated to the huidekopers the particulars of his contract with backus & morse, nor, so far as appeared, the huidekopers knowing or suspecting that any such sale had been made as stitt had effected .....

Tag this Judgment!

1873

Grant Vs. Strong

Court : US Supreme Court

Decided on : Jan-01-1873

..... security than a mechanic's lien for his pay, which he deemed sufficient, and which he voluntarily agreed to surrender. it is very clear that under the first contract, the one under which the larger part of the work was done, he was to take his pay not in money, but in the lot on which ..... 1870, recites the former agreements and that the work had been finished and measured, and that grant had given his promissory note for the amount, according to the contract of november 27, and that therefore the escrow in totten's hands is declared null and void and is to be delivered to grant by totten. a good ..... the progress of the work, dissatisfaction arose between the parties after the larger part of it had been done, and on the 27th of november, a new written contract was made. this, after reciting the former agreement, says that it is agreed that strong shall finish all the brickwork up to the first floor joists without delay ..... bricks was agreed upon, and that strong should take one of the houses in payment for his work, the price of which was also fixed; and this contract was reduced to writing. a conveyance was made by grant of the lot which strong was to have, and the deed duly acknowledged and recorded and placed in ..... in the hands of totten. under these circumstances, no lien could accrue for the work on that or on the other buildings. when the second contract of november 27 was made, strong did not give up this security, but still retained and relied on it, and it was made a part of the new .....

Tag this Judgment!

1873

Rees Vs. City of Watertown

Court : US Supreme Court

Decided on : Jan-01-1873

..... as upon an execution to satisfy a contract or obligation of the city, this section is directly applicable and forbids the proceeding. the process or order asked for is in the nature of an ..... said city, or any individual or corporation, be levied upon or sold by virtue of any execution issued to satisfy or collect any debt, obligation, or contract of said city." if the power of taxation is conceded not to be applicable, and the power of the court is invoked to collect the money ..... debt is presented in a specific form. it is of a statutory character. the remedies for the collection of a debt are essential parts of the contract of indebtedness, and those in existence at the time it is incurred must be substantially preserved to the creditor. thus a statute prohibiting the exercise of ..... of said city, or any individual or corporation, be levied upon or sold by virtue of any execution issued to satisfy or collect any debt, obligation, or contract of said city." the case was tried in june, 1872, before two judges, holding the circuit court, upon these questions: "1. whether, when the principal ..... 121 when the debt was incurred, and made known to the creditor with the same solemnity as the statute which gave power to contract the debt. all laws in existence when the contract is made are necessarily referred to in it and form a part of the measure of the obligation of the one party, .....

Tag this Judgment!

1873

Humaston Vs. Telegraph Company

Court : US Supreme Court

Decided on : Jan-01-1873

..... estimate put upon the property by the parties at the time they made their bargain. and as the value of the stock in 1861, when the contract was concluded, was directly shown, its value at any other time became unimportant. the circuit court proceeded on the theory, and we think correctly, that ..... and transferred to the company, enhanced by the agreement of the plaintiff and lefferts not to enter into competition with the company, as stipulated in the contract, had, when sold and delivered, over the amount which he had already received, and this the parties agreed was one hundred shares of the defendant' ..... of the arbitrators, the verdict of the jury can be asked by the plaintiff to determine it. the ascertainment of this value was the essence of the contract, the thing on which the submission was based, and the revocation of the submission leaves the jury to settle it. benjamin, in his treatise on sales ..... law, become entitled to the said 400 shares of stock by reason of the defendants' revocation of the powers of the referees or other breach of contract alleged, but that the plaintiff was entitled, in consequence of the revocation, to bring an action and to recover the excess (if any there was ..... which in 1866 was worth $18,000), but claiming also the value of the other 400 shares. his position was that by the terms of the contract, he was entitled to the 400 shares unless the arbitrators named a smaller compensation, and that as the company had withdrawn its submission, and so prevented .....

Tag this Judgment!

1873

Twenty Percent Cases

Court : US Supreme Court

Decided on : Jan-01-1873

..... footnote 8 ] courts of justice agree that no statute, however positive in its terms, is to be construed as designed to interfere with existing contracts, rights of actions, or with vested rights unless the intention that it shall so operate is expressly declared or is to be necessarily implied, and ..... from paying the additional compensation after the date of its passage. (2) that the repealing act, even if the resolution created an implied contract and gave jurisdiction to the court of claims to enforce it, divested the court of claims of all jurisdiction in such controversies. both of the ..... the head of the department or of the bureau or any division of the department charged with that duty and authorized to make such contracts and fix the compensation of the person or persons employed, even though the particular employment may not be designated in an appropriation act. ..... by the head of the department or of the bureau or any division of the department charged with that duty and authorized to make such contracts and fix the compensation of persons employed, even though the particular employment may not be designated in any appropriation" act. it added that ..... day. the second and third as coppersmiths on the treasury extension, upon daily wages. under specific appropriations for the construction of the treasury extension, contracts were entered into for finished work, comprehending both materials and labor -- materials separately, and labor by the day separately. the services in these two .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //