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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 (0.058 seconds)

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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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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Nov 03 1884 (FN)

Ranney Vs. Barlow

Court : US Supreme Court

Decided on : Nov-03-1884

..... page 112 u. s. 212 should elect whether it would carry out its contract with the defendant or rescind the same. there was some evidence tending to show that $200,000 was a fair price for the plaintiffs' undivided half ..... ,000 whereof was to be paid on the delivery of the deed, and the residue in eight annual installments of $30,000 each. the latter contract contained a provision that unless the plaintiffs within one year delivered the deed to the railroad company for their undivided half of the land, the railroad company ..... . the defendant, by a contract also dated december 16, 1871, agreed to convey by a deed of general warranty his own undivided half of the same premises to the railroad company ..... for the consideration of $200,000, in the installments mentioned in the written proposition of december 9, which the railroad company agreed to pay. the contract was executed in less than sixty days after the date of the power of attorney, and was in all respects in conformity with the authority conferred thereby ..... resided in new york, a power of attorney, dated november 7, to be executed by them, which, when executed, would authorize him to sell, by contract in writing, their undivided half of the real estate above mentioned for the consideration of $200,000, of which $40,000 was to be paid cash down .....

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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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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 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 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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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 21 1884 (FN)

Ames Vs. Kansas

Court : US Supreme Court

Decided on : Apr-21-1884

..... from there to make its connection with the union pacific at cheyenne, over the road of the denver pacific railway and telegraph company, a colorado corporation; power being given to contract with the last-named company for that purpose. on the same day, a joint resolution was passed by congress, no. 23, 15 stat. 348, authorizing the union pacific railroad company ..... of congress, and to make the said acts of congress the charter or constituent acts of this company, as fully as if the same were incorporated herein at large." the contract then appointed directors of the new company, and the place for holding the annual meeting of stockholders, until otherwise ordered, was fixed at the company's office in the city .....

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