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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1879 Page 3 of about 54 results (0.072 seconds)

1879

Thomas Vs. Railroad Company

Court : US Supreme Court

Decided on : Jan-01-1879

..... it by charter a franchise intended in large measure to be exercised for the public good, the due performance of those functions being the consideration of the public grant, any contract which disables the corporation from performing those functions which undertakes, without the consent of the state, to transfer to others the rights and powers conferred by the charter, and ..... by the memorandum, it had been made valid by ratification of the shareholders, to whom it had been submitted. the house of lords reversed this judgment, holding unanimously that the contract was beyond the powers conferred by the memorandum above recited, and, being beyond the powers of the association, no vote of the shareholders whatever could make it valid. the ..... of the thirteenth section of the company's charter: "that it shall be lawful for the said company, at any time during the continuance of its charter, to make contracts and engagements with any other corporation or with individuals for the transporting or conveying any kinds of goods, produce, merchandise, freight, or passengers, and to enforce the fulfillment of such ..... if this be not established, the lease was afterwards ratified and approved by another act of that legislature. 3. that if both these propositions are found to be untenable, the contract became an executed agreement under which the rights acquired by plaintiffs should be legally respected. the authority to make this lease is placed by counsel primarily in the following language .....

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1879

Ketchum Vs. St. Louis

Court : US Supreme Court

Decided on : Jan-01-1879

..... respects, affirmed. mr. justice strong and mr. justice bradley dissented. mr. justice strong. i cannot concur in the judgment given in this case. i am unable to discover in the contract between the company and the county, or in the act of the legislature, or in both, anything that created an equitable lien upon the earnings of the railroad company or ..... of the act of jan. 7, 1865; 2d, be that as it may, if, as we have held, the act of 1865 and its acceptance by the parties constituted a contract by which the state waived its lien, in favor of st. louis county to the extent and for the purpose therein indicated, and by which the state, the railroad company ..... work of mr. jones on mortgages, vol. i. sect. 162, the author remarks: "in addition to these formal instruments which are properly entitled to the designation of mortgages, deeds, and contracts, which are wanting in one or both of these characteristics of a common law mortgage, are often used by parties for the purpose of pledging real property or some interest ..... bound to take notice of its provisions. we are of opinion that no insuperable obstacle exists in the way of a court of equity giving effect to this agreement or contract between the parties as against those whom the law charges with notice thereof. the relief granted by the decree seems to be in accordance with established rules in such cases .....

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1879

Planing Machine Company Vs. Keith

Court : US Supreme Court

Decided on : Jan-01-1879

planing machine company v. keith - 101 u.s. 479 (1879) u.s. supreme court planing machine company v. keith, 101 u.s. 479 (1879) planing machine company v. keith 101 u.s. 479 appeal from the circuit court of the united states for the district of massachusetts syllabus 1. the action of the commissioner of patents in granting letters patent does not conclude the question whether there was not an abandonment. a person charged with infringing them, may show that before they were issued the patentee had abandoned his invention. the intention to abandon may be manifested otherwise than by words. 2. there may be an abandonment after or before an application for letters has been made and rejected, or withdrawn. 3. an inventor must comply with the statutory conditions. he cannot without cause hold his application pending during a long period of years, leaving the public uncertain whether he intends ever to prosecute it. 4. the facts concerning the application for letters patent no. 138,462 granted to joseph p. woodbury april 29, 1873, for an alleged new and useful improvement in planing machines, stated. it appears among other things that it was rejected and nothing done thereafter for many years; that he meanwhile obtained other letters, and knew that thousands of planing machines containing his alleged invention were manufactured, sold, and used in the united states. held that his inaction, delay, and silence for more than sixteen page 101 u. s. 480 years were such as encouraged .....

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1879

Lumber Company Vs. Buchtel

Court : US Supreme Court

Decided on : Jan-01-1879

..... the consideration upon which it was executed. in the case before us, neither of these particulars exists. the misrepresentations alleged did not come from the plaintiff, the holder of the contract, nor relate to the permission given to cut and remove the timber. neither as to the nature or value of his reserved right to withhold such permission were any representations ..... guaranty, and has, therefore, a right to hold that company to the liabilities it assumed. the cases cited by counsel to show that a misrepresentation of material facts inducing a contract, though made in ignorance, may in many cases be the foundation of a suit for its cancellation or modification, have no bearing on the questions here presented. they apply only ..... permission to the lumber company to enter upon the lands and cut and remove the timber, and in consideration of this permission, that company guaranteed the payments stipulated in the contract. in the negotiation which resulted in the execution of the guaranty, the improvement and manufacturing company was represented by its vice-president, mr. bronson, and the lumber company by its ..... as they became due, and it prohibited in the meantime the cutting or removal of the timber without the written permission of the vendor. two days after its execution, the contract was assigned in writing by the improvement and manufacturing company to the defendant, the mason lumber company, also a corporation of michigan. to this assignment the vendor assented, and gave .....

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1879

Stone Vs. Mississippi

Court : US Supreme Court

Decided on : Jan-01-1879

..... creatures of the government creation are subject to such rules and regulations as may from time to time be ordained and established for the preservation of health and morality. the contracts which the constitution protects are those that relate to property rights, not governmental. it is not always page 101 u. s. 821 easy to tell on which side of ..... cannot be parted with any more than the power itself. beer company v. massachusetts, supra. in trustees of dartmouth college v. woodward, 4 wheat. 518, it was argued that the contract clause of the constitution, if given the effect contended for in respect to corporate franchises, "would be an unprofitable and vexatious interference with the internal concerns of a state, would ..... obligations are. in the present case, the question is whether the state of mississippi, in its sovereign capacity, did by the charter now under consideration bind itself irrevocably by a contract to permit "the mississippi agricultural, educational, and manufacturing aid society," for twenty-five years, "to receive subscriptions, and sell and dispose of certificates of subscription which shall entitle the ..... charter to a private corporation is not within the protection of the clause in the constitution of the united states that prohibits states from passing laws impairing the obligation of contracts. art. 1, sec. 10. the doctrines of trustees of dartmouth college v. woodward, 4 wheat. 518, announced by this court more than sixty years ago, have become so imbedded .....

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1879

Savings Bank Vs. Ward

Court : US Supreme Court

Decided on : Jan-01-1879

..... follows as an implication of law that the defendant assumed to possess the requisite knowledge and experience to perform the stipulated service, and that he contracted with his employer that he would use reasonable care and skill in the performance of the duties. for a failure in either of these respects, ..... . such an act of negligence being imminently dangerous to the lives of others, the wrongdoer is liable to the injured party, whether there be any contract between them or not. where the wrongful act is not immediately dangerous to the lives of others, the negligent party, unless he be a public ..... parties concur in these suggestions, but the defendant insists that in order that such a liability may arise, there must be some privity of contract between the parties to enable the plaintiffs to maintain the action; that inasmuch as the defendant was never retained or employed by the plaintiffs and ..... the latter to maintain the action. 2. that the court erred in holding that the evidence introduced did not establish such a privity of contract between the parties as entitled the plaintiffs to recover. 3. that the court erred in instructing the jury that upon the whole evidence the ..... the opinion of the court. attorneys employed by the purchasers of real property to investigate the title of the grantor prior to the purchase impliedly contract to exercise reasonable care and skill in the performance of the undertaking, and if they are negligent, or fail to exercise such reasonable care and .....

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1879

Mount Pleasant Vs. Beckwith

Court : US Supreme Court

Decided on : Jan-01-1879

..... entity itself is extinguished, and the inhabitants with its territory and other property are transferred to other municipalities, the suggestion that creditors may pursue their remedy against the original contracting party is little less than a mockery. public property, with the inhabitants and their estates and the power of taxation having been transferred by the authority of the legislature ..... v. bissell, 11 ohio st. 96; lansing v. county treasurer, 1 dill. 522, 528. concessions of power to municipal corporations are of high importance, but they are not contracts, and consequently are subject to legislative control without limitation unless the legislature oversteps the limits of the constitution. layton v. new orleans, 12 la.ann. 515. bonds having been issued ..... conn. 149, 171. extensive powers in that regard are doubtless possessed by the legislature, but the constitution provides that no state shall pass any "law impairing the obligation of contract," from which it follows that the legislature, in the exercise of any such power, cannot pass any valid law impairing the right of existing creditors of the old municipality. ..... auxiliaries of the state in the important business of municipal rule; but they cannot have the least pretension to sustain their privileges or their existence upon anything like a contract between themselves and the legislature of the state, because there is not and cannot be any reciprocity of stipulation between the parties, and for the further reason that .....

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1879

Meguire Vs. Corwine

Court : US Supreme Court

Decided on : Jan-01-1879

..... consideration are liable to any criticism, it is that they were more favorable to the plaintiff in error than he had a right to claim. the law touching contracts like the one here in question has been often considered by this court, and is well settled by our adjudications. marshall v. baltimore & ohio railroad co ..... to is not so much to them in the abstract as the concrete. the complaint is that they closed the door against the inference of another contract which the jury might have drawn from the testimony in the case. to this there are several answers. if there were such testimony, it should ..... should find that the parties made another and a distinct contract . . . and in the first instruction asked by the defendants and given by the court the jury were told that such an arrangement is void, ..... learned counsel for plaintiff in error complains in his brief that "in the charge of the court, page 10, the jury were instructed that" "the contract set out in the first count of the declaration was illegal and void, and that the plaintiff could not recover on the second count unless the jury ..... corwine, 101 u.s. 108 (1879) meguire v. corwine 101 u.s. 108 error to the supreme court of the district of columbia syllabus a contract is contrary to public policy and void whereby, in consideration of a.'s procuring b.'s appointment as special counsel in certain causes against the united states and .....

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1879

Goddard Vs. Ordway

Court : US Supreme Court

Decided on : Jan-01-1879

..... ordway was permitted to collect all but three-eighths of the fifteen percent on the expenditures for labor, &c.;, under the cutting part of the contract, and a receiver was appointed to collect and hold this three-eighths to await the result of the suit. after answer and replication, proof was ..... &c.;, but retained the rest until he afterwards, during the latter part of the spring or in the summer, transferred all his remaining interest in the contract to andrews, one of the firm of andrews, ordway, & green. for this he was paid a consideration by andrews individually. the entire amount paid ..... thirty-sixths to each of the other partners. all other profits and losses were to be shared equally. on the 16th of november, 1871, the contract between ordway and the government was executed in form by ordway and the supervising architect. on the 25th of november, ordway entered into what was ..... under the name of andrews, ordway, & green, and andrews and green put into the business their quarry, on certain specified terms, and ordway all his contract with the government except that part which related to the cutting, boxing, &c.;, for the south front, which, as between himself and the firm, he ..... the opinion of the court. this appeal presents the following case: during the summer of 1871, albert ordway, the appellee, was engaged in securing a contract with the government to furnish and cut the granite for the then proposed new building to be erected in washington for the use of the state, war .....

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1879

Tillson Vs. United States

Court : US Supreme Court

Decided on : Jan-01-1879

..... claim of robert tillson and company, of quincy, illinois, for loss and damage growing out of the failure of the government of the united states to keep and perform the contract or contracts, as to time and manner of payment, under which certain horse equipments and infantry accoutrements were manufactured between the months of september, 1862, and july, 1864, by said ..... the draft in payment was seven days, and the longest was one hundred and fourteen days; the average was thirty-six days. during the period of the fulfillment of their contracts and agreements, before described, the claimants' business necessities compelled them to borrow money by hypothecating or selling their vouchers, and the rate of discount paid by them generally was ..... respective times of delivery, inspected and approved by the defendants' officers, and bills therefor were duly authenticated by the proper officers of the ordnance department, as provided by the contract, and no negligence or delay is attributable to the officers of the ordnance department in regard to the inspection of the goods or the issuing of the vouchers. the vouchers ..... in the petition." "ii. the claimants, at various times between the 9th of october, 1862, and the 24th of october, 1864, delivered horse equipments and infantry accoutrements, under said contracts and agreements, to the defendants' officers at the united states arsenal in st. louis, to the amount of $494,972.66." "iii. there were one hundred and fifteen distinct deliveries .....

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