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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1884 Page 3 of about 66 results (0.137 seconds)

May 05 1884 (FN)

Hitz Vs. National Metropolitan Bank

Court : US Supreme Court

Decided on : May-05-1884

..... right of every married woman at the time of the marriage, or afterwards acquired by gift, devise, or inheritance, shall not be subject to the debts or contracts of the husband." in the case of rugh v. ottenheimer, 6 or. 231, it was held that this provision applied to marriages and existing and property rights ..... either by the curtesy or for the wife's life, had vested long before. it might therefore have been held to impair the obligation of the plaintiff's contract if the act had been so construed as to exempt that interest from liability to sale for that debt. in the case of stehman v. huber, 21 ..... debts. in regard to this clause of the statute and to its operation in this case, it is neither retrospective nor does it impair the obligation of a contract. it is urged, however, that the plain purpose of the statute was to deprive the husband of all legal interest in the property of the wife, ..... does him no injury. what effect it might have as against an existing creditor at the time the law was passed, as impairing the obligation of a contract, we need not decide, for it does not appear that there are now any such creditors, and it appears affirmatively that the debt of the bank in ..... married woman shall not be liable for the debts of her husband exempts his estate in the curtesy in her real estate from being taken for his debts contracted after the passage of the act. under the recording act which took effect in the district of columbia. april 9, 1878, an unrecorded conveyance is subject .....

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Jan 07 1884 (FN)

Potomac Steamboat Co. Vs. Upper Potomac Steamboat Co.

Court : US Supreme Court

Decided on : Jan-07-1884

..... and improve." 3. a special ground is maintained in behalf of the claim under lot 13, in square 504, derived from greenleaf. on december 24, 1793, the commissioners made a contract in writing with morris and greenleaf for the sale and conveyance of 6,000 lots, 4,500 to lie southwest of massachusetts avenue, and of them morris and greenleaf were ..... to have "the part of the city in notley young's land." by this contract, morris and greenleaf were excluded from selecting water lots, but with this proviso: "provided, and it is hereby agreed by and between the parties to these presents, that the said ..... ." page 109 u. s. 702 the lot set off to the united states, and afterwards sold to morris and greenleaf, is within the same principle. the declaration in the preliminary contract of 1793, between the commissioners and them, that the latter were entitled "of course to the privileges of wharfing annexed" to these lots, while not evidence of a ..... contract to control the terms of the subsequent more formal instrument, is of weight as showing what at that time was understood to be included in a description of the lots. .....

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Jan 07 1884 (FN)

Chicago and Alton R. Co. Vs. Union Rolling Mill Co.

Court : US Supreme Court

Decided on : Jan-07-1884

..... the appellants is that the illinois river railroad company and the construction company, being the owners by purchase of the iron rails, retained possession of the same, and by the contract of august 7, 1874, gave to the rolling mill company a chattel mortgage thereon, which was never acknowledged and recorded, and that consequently the lien fails. but the facts ..... , the supreme court of illinois says: "it is also insisted that appellees waived their rights when they sold the property, by reserving a lien upon it in a written contract; that they thereby received and held additional security that operated to destroy any lien that would otherwise have attached. it is true that where a laborer or materialman receives security ..... the delivery of said articles, or the commencement of said work or labor, provided suit shall be commenced within six months after such contractor or laborer shall have completed his contract with said railroad corporation, or after such labor shall have been performed, or material furnished." the rolling mill company began to deliver to the illinois river railroad company on september ..... mixed." the court further found that the rolling mill company had delivered to said illinois river railroad company and the construction company iron rails, steel rails, etc., mentioned in the contracts with said rolling mill company to a large amount, which had been sold by the illinois river railroad company and the construction company to the alton railroad company, with full .....

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Nov 03 1884 (FN)

United States Vs. Waddell

Court : US Supreme Court

Decided on : Nov-03-1884

..... make all needful rules and regulations respecting this territory," cannot make a law which protects a party in the performance of his existing contract for the purchase of such land, without which page 112 u. s. 81 the contract fails and the rights, both of the united states and the purchaser, are defeated. this view requires the second question also to be .....

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Nov 03 1884 (FN)

Fort Scott Vs. Hickman

Court : US Supreme Court

Decided on : Nov-03-1884

..... of kansas requires the acknowledgment to be in writing, and signed by the party, and the acknowledgment must be of an existing liability with respect to the contract upon which a recovery is sought." the statement of the city treasurer to the agents of the city in new york in his letter of august 6, ..... bonds unless saved under the following provisions of the statute. "in any case founded on contract, when any part of the principal or interest shall have been paid or an acknowledgment of an existing liability, debt, or claim, or any promise to pay ..... suit was commenced, gen.stat. of kansas, c. 80, art. 3, sec. 18, subd. 1, p. 633, provided that an action on any agreement, contract, or promise in writing could only be brought within five years after the cause of action accrued, and not afterwards. consequently, this suit was barred as to all the ..... . the m., k. & t. railroad, after receiving $100,000 of city and $150,000 of county bonds, not only failed to comply with its contract but started a new town, built its machine shops there, and has since lent every effort of its great power to foster a rival town within fifty miles ..... syllabus the statute of the kansas (gen.stat. of kansas, c. 80, art. 3, sec. 24, p. 634), providing that, in a case founded on contract, when "an acknowledgment of an existing liability, debt or claim" shall have been made, an action may be brought within the period prescribed for the same, after such .....

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May 05 1884 (FN)

Hagar Vs. Reclamation District

Court : US Supreme Court

Decided on : May-05-1884

..... second that the legal tender act had no reference to taxes imposed by state authority, but only to debts, in the ordinary sense of the word, arising out of simple contracts or contracts of specialty, which include judgments and recognizances. assessments upon property for local improvements are involuntary exactions, and in that respect stand on the same footing with ordinary taxes. they ..... the fourteenth amendment of the constitution declaring that no state shall deprive any person of life, liberty, or property without due process of law, and impairs the obligation of the contract between california and the united states, that the proceeds of the swamp and overflowed lands ceded by the arkansas act should be expended in reclaiming them. that clause of the ..... , are all satisfied where a hearing in court is thus allowed. [ footnote 2 ] the objection that the law of california authorizing the assessment in question impairs the obligation of a contract created between the united states and the state by the act of congress of september 28, 1850, commonly known as the arkansas swamp act, is founded upon a misapprehension of ..... place, the appropriation of the proceeds rests solely in the good faith of the state. its discretion in disposing of them is not controlled by that condition, as neither a contract nor a trust following the lands was thereby created. this was distinctly held, after elaborate consideration, in the recent case of mills county v. railroad companies, 107 u. s. 557 .....

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Apr 07 1884 (FN)

Hayes Vs. Michigan Central R. Co.

Court : US Supreme Court

Decided on : Apr-07-1884

..... which no third person can derive immediately any private right, prescribing conditions of the grant, to be enforced only by the city itself. although it takes the form of a contract, provides for its acceptance, and contemplates a written agreement in execution of it, it is also and primarily a municipal regulation, and as such, being duly authorized by the ..... upon their performance of its requirements. this contract was duly executed and delivered march 28, 1853. the work of filling in the open space between the railroad tracks and the natural shoreline was done gradually -- more rapidly after ..... and trains across them." it was also provided in the ordinance that it should be accepted by the railroad company within ninety days from its passage, and that thereupon a contract under seal should be formally executed on both parts, embodying the provisions of the ordinance and stipulating that the permission, rights, and privileges thereby conferred upon the company should depend ..... municipal corporation by an ordinance which provides that the company shall erect suitable fences on the line of the road and maintain gates at street crossings is not a mere contract, but is an exercise of the right of municipal legislation, and has the force of law within the corporate limits. if a railroad company which has been duly required .....

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Nov 24 1884 (FN)

Ogdensburgh and L.C. R. Co. Vs. Nashua and L. R. Co.

Court : US Supreme Court

Decided on : Nov-24-1884

..... was rescinded, the road restored to the company, and the trustees of the two vermont railroad companies released from any further liability on the contract we are now trying to construe. it is reasonably certain that the ogdensburg railroad corporation had a deep interest in the success of the enterprise ..... interest in the traffic of the roads embraced in this agreement, because, its road being leased for a period coincident with that of this contract, the lessees received all its benefits and the company none. it must be confessed that if the ogdensburg company had no other interest in ..... of receipts from the traffic which came to them severally from this transportation company over the ogdensburg road. this requires a careful examination of the contract, and a consideration of the circumstances under which it was made. the agreement is as follows: "articles of agreement between the northern transportation company ..... control of the northern transportation company of ohio, which was also a party to the contract, and which was engaged in steamboat transportation on the western lakes. one of the items of this agreement was that the ogdensburg company should ..... a lease of the ogdensburg road for twenty years from march 1, 1870. in this condition of the affairs of these companies, a contract was made between them all except the concord company, the object of which was to secure an increased traffic over all these roads by obtaining .....

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Nov 24 1884 (FN)

Bates County Vs. Winters

Court : US Supreme Court

Decided on : Nov-24-1884

..... ordinance or resolution to the company for acceptance as a subscription, and the company does, in fact accept, and notifies the municipality, or its proper agent, to that effect, the contract of subscription is complete, and binds the parties according to its terms. from the findings in this case on the new trial it appears that the county court passed an ..... in requiring those conditions to be copied in full on the books of the company, as the conditions on which the subscriptions were made, and there could be no mutual contract until the railroad company assented, on its part, to those conditions." in considering what was necessary to complete a valid subscription, the cases of nugent v. supervisors, 19 wall. 241 ..... which afforded a pretext for saying that the railroad company was bound by the contract of subscription. while it refused to allow the agent to withdraw his evidence of authority, it said nothing and did nothing to indicate that the minds of the parties had ..... thereby completed. their vote was a declaration that page 112 u. s. 327 the power to subscribe should be exercised, and was an authority to their agent to perfect a contract with the railroad company on the conditions set forth. no acceptance was made by the railroad company, no notice of acceptance was given, nor was there any act or fact .....

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Nov 10 1884 (FN)

Great Western Ins. Co. Vs. United States

Court : US Supreme Court

Decided on : Nov-10-1884

..... the appeal, it was urged by counsel for the government that, the case being one cognizable under the general jurisdiction of that court on an implied contract, there was a right to appeal, though by the special statute referring the case to that court no such right was given. the court, in reply ..... whole, as was covered by the award. and the judgment of the court below is defended largely upon the ground that no such legal obligation or contract arises from the transaction. the opinion of the learned chief justice of the court of claims is an able presentation of this view. but the judgment ..... claim being treated essentially as indebitatus assumpsit for money had and received to the use of plaintiff. if, therefore, the claim is well "founded on a contract, express or implied, with the united states" within the meaning page 112 u. s. 196 of 1059 of the revised statutes, and is not forbidden by ..... of which and certain subsequent dealings with this money, which was finally paid into the treasury of the united states by order of congress, an implied contract arose on the part of the defendants to pay to the claimant the amount of the losses thus set forth, with interest thereon, which is alleged ..... any other act of congress, the petition should not have been dismissed; but if it does not present such an implied contract (for there is no pretense of an express contract), or if, for any other reason, the case is one of which the court of claims is forbidden to entertain jurisdiction, then .....

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