Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1894 Page 1 of about 65 results (0.216 seconds)

Jan 29 1894 (FN)

imperial Fire Ins. Co. Vs. Coos County

Court : US Supreme Court

Decided on : Jan-29-1894

..... repairing the premises named herein." contracts of insurance are contracts of indemnity upon the terms and conditions specified in the policy or policies embodying the agreement of the parties. for a comparatively small consideration, the insurer undertakes to guaranty the ..... either causing the fire or of increasing the risk at the time it occurred, page 151 u. s. 462 then there was no breach of the condition contained in the contract that "this policy shall be void and of no effect if, without notice to the company, and permission therefor endorsed hereon, . . . mechanics are employed in building, altering, or ..... and having neither notified the plaintiff in error, the insurer thereof nor obtained its consent in writing therefor, the conditions of the policy were violated, and by its terms the contract terminated. (3) it was error to instruct the jury that it was immaterial what had occurred to increase the hazard during the repairs, unless such increased hazard existed at ..... repairs were extraordinary, and not ordinary, repairs, such as were necessary in the use of the premises insured, and such as might have been contemplated by the parties when the contract was made, and the following request for a ruling was made to the presiding judge, viz.: "the defendants request the court to rule that the building, altering, and repairing .....

Tag this Judgment!

Jan 22 1894 (FN)

Merchants' Cotton Press Co. Vs. Insurance Co.

Court : US Supreme Court

Decided on : Jan-22-1894

..... to the relief sought, for it was only through this alleged liability that the fire insurance fund could be reached, and subjected to the indemnity of the marine insurance companies. if each of these marine insurance companies had filed a separate bill for the same relief sought by their ..... in each lot of cotton covered by its bills of lading; that the compress company should be declared as holding the fire insurance policies as indemnity to the railroad company for the benefit of the complainants and other marine insurance companies standing in like position, and that such insurance might ..... extent of its proper share or proportion of such fire insurance, the railroad company was entitled to have the same collected for its protection and indemnity; but, in respect to the liability of the railroad company upon its bills of lading to these marine insurance companies, the court could ..... the fire insurance policies as against the railroad company by virtue of the contract between the railroad company and the compress company, and by the terms ..... fire insurance policies taken out by the compress company under its contract with the railroad company were, as expressed on the face of the policies, for the benefit of the carrier and were intended for its protection and indemnity. the compress company had therefore no personal interest whatever in .....

Tag this Judgment!

May 26 1894 (FN)

Constable Vs. National Steamship Co.

Court : US Supreme Court

Decided on : May-26-1894

..... ], shall grant, upon proper application therefor, a special license to unlade the cargo of said vessel at night, that is to say, between sunset and sunrise," upon a bond of indemnity being given, etc., "and any liability of the master or owner of any such steamship to the owner or consignee of any merchandise landed from her shall not be affected ..... -eight-hour permit, itself placed a different construction upon the clause. it is well settled that the practical construction placed by parties interested upon doubtful or ambiguous terms in a contract will exercise great, and sometimes controlling, influence in determining its proper meaning. topliff v. topliff, 122 u. s. 121 ; district of columbia v. gallaher, 124 u. s. 505 . the general ..... where the vessel would discharge her cargo, and be ready to make delivery. when, therefore, the carrier proceeded with the discharge without giving such notice, the alternative stipulation of the contract, as well as its legal obligation under the law, required that the goods should be "landed and deposited" in the manner specified, and the fact that the place for depositing ..... of his exercising the privilege of depositing them upon the pier. they, however, remained, after such deposit, in his custody as carrier, subject to the modified responsibility created by the contract until after notice had been given to the consignees of their arrival and a reasonable time had elapsed for their removal. meanwhile the defendants assumed the risk of 'fire, loss .....

Tag this Judgment!

Feb 05 1894 (FN)

Bryan Vs. Board of Education

Court : US Supreme Court

Decided on : Feb-05-1894

..... permanently remain there. on the contrary, we think it should, as it can fairly, be interpreted as merely descriptive of the institution. in our opinion, therefore, there exists no contract or undertaking, express or implied, for the continuance of the institution at millersburg any longer than its useful and successful operation requires." it results from these views that the decree ..... satisfactory assurances for the maintenance and endowment of the college. one of the questions in the case was whether this amendment was not void as impairing the obligation of the contract created by the original charter. the supreme court of missouri, referring to the provisions of the original charter, said: "it would have been difficult to more emphatically provide ..... the institute passed under the control of the conference, through its board of education, that the institute would remain permanently at millersburg, cannot be regarded as equivalent to a contract or absolute agreement that prevents the conference from removing the institute to another place, if it deems such a course to be best for the cause of education and morality ..... in the same connection that the repeal of the charter of the college "was not actually necessary, because the corporation created by it practically ceased to exist after the contract made between the original stockholders and board of education whereby the latter acquired, for use of the kentucky wesleyan college, possession of and equitable title to all property of .....

Tag this Judgment!

May 26 1894 (FN)

Prentice Vs. Northern Pacific R. Co.

Court : US Supreme Court

Decided on : May-26-1894

..... lands above described was then, virtually and by right, vested in the said frederick prentice, and that the first deed for the one-half and the contract for the remaining half, of said land, with the payment thereon made at the time by the said frederick prentice, bound us to give him good ..... assigned or transferred all their right, title, and interest therein to the said benjamin armstrong. i, the aforesaid benjamin g. armstrong, did sell by deed and contract to frederick prentice, which i, the said charlotte armstrong, knew at the time, but did not know but that, by getting another deed or conveyance after the ..... thousand eight hundred and fifty-six, and recorded in liber a of deeds, page 106 at duluth, state of minnesota, and the land included in the contract of the first of july, eighteen hundred and fifty-seven, and intended to cover the lands as described in patents from the united states of america to ..... in full for the whole of the above tract, in compliance of the first deed for the one undivided half, and the carrying out of the contract to sell the balance july first, in the year one thousand eight hundred and fifty-seven. this is intended to cover the land deeded by us to ..... buffalo at the indian treaty of september thirtieth, in the year one thousand eight hundred and fifty-four; and, further, i, the said armstrong, gave a contract on the tenth day of september, in the year page 154 u. s. 167 one thousand eight hundred and fifty-six, to the said frederick prentice, binding .....

Tag this Judgment!

May 14 1894 (FN)

Anvil Mining Co. Vs. Humble

Court : US Supreme Court

Decided on : May-14-1894

..... the following instruction: "if the jury find from the evidence that the plaintiffs were in good faith endeavoring to carry out and perform said contract according to its terms, and the defendant wantonly or carelessly and negligently interfered with and hindered and prevented the plaintiffs in such performance to such ..... where such profits are not open to the objection of uncertainty or of remoteness, or where, from the express or implied terms of the contract itself or the special circumstances under which it was made, it may be reasonably presumed that they were within the intent and mutual understanding ..... contingent, and conjectural to found a verdict upon." profits which are a mere matter of speculation cannot be made the basis of recovery in suits for breach of contract, while profits which are reasonably certain may be. as said by mr. justice lamar in howard v. stillwell & bierce manufacturing co., 139 u. s. ..... by the fault of the defendant; and third, the profits which they would have made if the defendant had not prevented them from completing the contract. on the other hand, the defendant claimed first, excessive freights paid by reason of a failure on the part of the plaintiffs to produce ..... as damages the profits he would have received through full performance, which measure of profits was within the intent of both parties when the contract was made, and could be ascertained without difficulty. a letter of a party to the suit bearing upon the issues introduced in evidence against .....

Tag this Judgment!

Nov 19 1894 (FN)

Cherokee Nation Vs. Journeycake

Court : US Supreme Court

Decided on : Nov-19-1894

..... remarked that the action of the cherokee nation up to the year 1882 was in the line of the construction we have placed upon this contract, for up to that date there was no distinction made between the native cherokees and these delawares in the distribution of funds, from whatever source ..... amount in the allotment. true, the course of events has not been what was then contemplated, but in order to determine the meaning of this contract, we must place ourselves in the circumstances of the parties at the time, with their surroundings and expectations. in that light, we see nothing ..... gross inadequacy of consideration as is urged by the counsel for the cherokees -- certainly nothing which would justify a court of equity in setting aside the contract on the ground of inadequacy. but, further, the thought of sale -- at least of an early sale -- was evidently not in contemplation of ..... rights and immunities, and do not necessarily include property rights, so that if these were the only words by which the intent of the contracting parties was to be determined, there would be room for the argument that only political rights and immunities were intended to be granted. but ..... the same rights and immunities and the same participation (and no other) in the national funds as native cherokees, except as otherwise provided in the contract, the so registered delawares were on such fulfillment of their stipulations thereby incorporated into the cherokee nation, and, as members and citizens thereof, were .....

Tag this Judgment!

May 26 1894 (FN)

Primrose Vs. Western Union Tel. Co.

Court : US Supreme Court

Decided on : May-26-1894

..... what the message was about. according to any understanding which the telegraph company and its agents had, or which the plaintiff could possibly have supposed that they had, of the contract between these parties, the damages which the plaintiff seeks to recover in this action for losses upon wool purchased by toland were not such as could reasonably be considered either ..... and conditions upon which messages would be sent. by writing the message under it, signing, and delivering it for transmission, the plaintiff below accepted the proposition, and it became a contract upon those terms and conditions." in birney v. new york & washington tel. co., 18 md. 341, 358, the court of appeals of maryland, while recognizing the validity of similar regulations ..... .) 164, 168. in western union tel. co. v. carew, 15 mich. 525, 535-536, the supreme court of michigan held that a similar regulation was a valid part of the contract between the company and the sender, whether he read it or not. "the regulation," said chief justice christiancy, "of most, if not all, telegraph companies operating extensive lines, allowing messages ..... determined with reference to public policy, precisely as in the case of a carrier." by the settled law of this court, common carriers of goods or passengers cannot, by any contract with their customers, wholly exempt themselves from liability for damages caused by the negligence of themselves or their servants. railroad co. v. lockwood, 17 wall. 357; liverpool steam co. v .....

Tag this Judgment!

May 14 1894 (FN)

Mobile and Ohio R. Co. Vs. Tennessee

Court : US Supreme Court

Decided on : May-14-1894

..... , absolute exemptions from taxation have been recognized as secured in consideration of certain amounts to be paid, sometimes called "taxes," although really merely the consideration paid as under contract; but the principle of commutation has no application here. i concur with the supreme court of tennessee in regarding the last part of the eleventh section as prescribing a ..... which will reduce the dividends below eight percent" does this clause constitute an immunity -- fixed, special, conditional, or contingent -- from taxation? it is undoubtedly a part of the contract of exemption from taxation contained in the eleventh section of the charter, and as such the corporation is entitled to the benefit thereof. the meaning and intent of the provision ..... tennessee, under the constitution of 1834, had the power to grant exemption from taxation in charters of incorporations, and that such charters, after acceptance, became binding and irrevocable contracts, the real controversy in the present case, while extremely important in its consequences to both the state and the railroad company, lies within a very narrow compass and turns ..... revenue statutes of the state enacted subsequent to the granting of the charter, and under which the taxes sought to be collected were levied, impaired the obligation of the contract contained in the railroad company's charter, and were therefore unconstitutional and void. the railroad company was chartered by an act of the legislature of the state of .....

Tag this Judgment!

Mar 05 1894 (FN)

Cincinnati Siemens-lungren Co. Vs. Western Siemens Co.

Court : US Supreme Court

Decided on : Mar-05-1894

..... use within the territory named to any other than the parties of the second part, their successors or assigns." there was testimony showing that after the execution of this contract, the middletown gas company purchased nine lamps from the plaintiff, and one hundred twenty-two lamps from the pennsylvania corporation. middletown, where this gas company was located, ..... other gas lamps, appliances, and fixtures made, owned, or controlled by the pennsylvania corporation, entered into a contract with certain individuals, which contract was immediately thereafter transferred by them to the defendant company, giving the like exclusive rights for the counties of hamilton, butler, and montgomery in the state of ..... foregoing language, delivered the opinion of the court. on november 9, 1887, the siemens-lungren gas illuminating company of chicago, a corporation of illinois, which had acquired by contract from the siemens-lungren company, of the state of pennsylvania, the exclusive right and privilege of selling, placing, and operating in the state of ohio the patented regenerative and ..... others to sell the patented goods within those counties, and further that the grantor would supply the patented articles to the grantee on specified terms and conditions. the contract also guaranteed that the patented articles so supplied should have a life service of five years, and the grantor agreed to defray the expense of incidental repairs necessary thereto .....

Tag this Judgment!


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