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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1895 Page 1 of about 60 results (0.155 seconds)

Oct 21 1895 (FN)

Mckee Vs. Latrobe

Court : US Supreme Court

Decided on : Oct-21-1895

..... any part of the money which they might receive from the choctaw nation in consideration of the performance by them of their contract; in other words, that it was a contract of indemnity, by which mckee undertook to save the choctaw nation harmless from any claim that should be made for services that had ..... therein could not take advantage of it. it was not needed to indemnify the choctaws, since no possible action could lie against them after the contract had been abandoned by black. it was evidently intended to satisfy any moral obligation for services which had been performed but not completed, and ..... in the foregoing language, delivered the opinion of the court. this is another one of the claims made under the trust expressed in the mckee contract, "to adjust the claims of all parties who have rendered service heretofore in the prosecution of said claim, upon the principle of equity and justice ..... in conjunction with cochrane, and that he subsequently agreed with cochrane that his compensation should be paid out of the percentage reserved to cochrane by his contract, and that he is reasonably entitled to receive $75,000, which had been page 159 u. s. 329 agreed upon between himself and mcpherson, ..... prepared, and with the use of the results of his professional skill and industry, secured the payment of the claim. that, if the mckee contract were held to be valid, then mckee was bound in equity and justice to pay to complainant a fair and just compensation for the services theretofore .....

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Jan 07 1895 (FN)

Hooper Vs. California

Court : US Supreme Court

Decided on : Jan-07-1895

..... transaction of commerce. the policies are simply contracts of indemnity against loss by fire, entered into between the corporations and the assured for a consideration paid by the latter. these contracts are not articles of commerce in any proper meaning of the word. they are not subjects of trade and barter ..... , whether the business is to be carried on through officers or through ordinary agents of the company, and she has also the further right to prohibit a citizen from contracting within her jurisdiction with any foreign company which has not acquired the privilege of engaging in business therein, either in his own behalf or through an agent empowered to that ..... without power to prevent a corporation engaged in interstate commerce from entering that state and carrying on its business therein, and also pointed out the distinction between the making of contracts of insurance and interstate commerce, or the necessary instrumentalities thereof, as follows: "the case is entirely different from that of foreign corporations seeking to do a business which does ..... not concerned with any matter of distinction between marine and fire insurance, but proceeded upon a broad analysis of the nature of interstate commerce and of the relation which insurance contracts generally bear page 155 u. s. 654 thereto. thus, in paul v. virginia, the court, speaking through mr. justice field, said: "issuing a policy of insurance is not a .....

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Mar 11 1895 (FN)

The Caledonia

Court : US Supreme Court

Decided on : Mar-11-1895

..... of the shipowner is to be exhausted by his having the ship seaworthy at an anterior period, the merchant would lose that complete indemnity, by means of the two contracts taken together, which it is the universal habit and practice of mercantile men to endeavor to secure." the reasons for the strict ..... circumstances, the road was bound to obtain additional engines, and use extraordinary efforts to send on the cattle trucks. but the court held that the contract entered into was to carry the cattle without delay, and in a reasonable time, under ordinary circumstances; that if a snow storm occurred which made ..... owned and employed by the claimants, henderson brothers, as common carriers. the plaintiff was a dealer in and exporter of cattle." "the terms of the contract between the parties were as expressed in the following memorandum of agreement, made before the shipment of the cattle, and in the following bill of lading, ..... to hold that he has not the benefit of a similar implication in a contract which he makes with a shipowner for the carriage of his goods, the consequence would be that he would lose that complete indemnity against risk and loss which it is the object and purpose to give him ..... by the two contracts taken together. holding as we now do the result is that the merchant, by his contract with the shipowner, having become entitled to have a .....

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Jun 03 1895 (FN)

Hilton Vs. Guyot

Court : US Supreme Court

Decided on : Jun-03-1895

..... cause of action. 11 east 118. in tarleton v. tarleton (1815), on the other hand, the action was brought upon a covenant of indemnity in an agreement for dissolution of a partnership to recover a sum which the page 159 u. s. 180 plaintiff had been compelled to pay ..... international law (3d ed., 1890) 350. a leading case was decided by the court of cassation on april 19, 1819, and was as follows: a contract of partnership was made between holker, a french merchant, and parker, a citizen of the united states. afterwards, and before the partnership accounts were settled, ..... keeper cowper saying: "although the plaintiff obtained a judgment or sentence in france, yet here the debt must be considered as a debt by simple contract. the plaintiff can maintain no action here but an indebitatus assumpsit or an insimul computassent, so that the statute of limitations is pleadable in this ..... to and did give in evidence statements not under oath relating to the merits of the controversies there pending, and falsely represented that a certain written contract made in 1873 between stewart & co. and fortin & co. concerning their dealings was not intended by the parties to be operative according to ..... french tribunal, without prejudice, however, to provisions to the contrary, contained in public laws and treaties." "[and by article 2128 of that code: 'contracts entered into in a foreign country cannot give a lien upon property in france if there are no provisions contrary to this principle in public laws .....

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Jan 07 1895 (FN)

In Re New York and Porto Rico Steamship Co.

Court : US Supreme Court

Decided on : Jan-07-1895

..... charterers are also liable, and bound to indemnify the claimants. yet the claimants, if defeated in this suit, when they sue the charterers for indemnity, may be again defeated through the difference in the proofs, and the libelants, if defeated here, may again sue the charterers. if the charterers admitted their obligation to indemnify the ..... claimants for the results of the present action, or if there were any express contract imposing this page 155 u. s. 530 obligation on them, the need of such an order as the present would be less, since notice to the charterers of the pendency ..... the ship, who have been obliged to interpose as claimants to prevent the sacrifice of their property, and the master, are under no personal responsibility. they are strangers to the contract sued on, and without any certain means of ascertaining the facts or producing the evidence of them. upon the case as thus far presented, if the ship is liable, the ..... the new york and porto rico steamship company, and not the contract of the shipowners. it was issued in virtue of authority conferred by the charter party, and the charter party was alleged in the petition to be the basis of the claim made by the shipowners to receive indemnity for any sum they might be compelled to pay by reason of .....

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Mar 04 1895 (FN)

Pullman's Palace Car Co. Vs. Metropolitan Street Ry. Co.

Court : US Supreme Court

Decided on : Mar-04-1895

..... both trucks." on the 27th of june, 1887, defendant's chief engineers wrote to the plaintiff as follows: "your letter of the 21st, enclosing contracts and specifications in duplicate for the twenty-five combination cars for our twelfth street line, addressed to our president, morse, has been referred to us for ..... left blank, and i would be glad if you would indicate on the specifications returned the lettering you desire applied to the cars." the contract referred to in that letter was in these words: "pullman's palace car company will build for the metropolitan street railway company twenty-five ..... company a letter written by the general manager of the plaintiff, under date of june 21, 1887, as follows: "i beg to enclose herewith contract with specifications attached, executed by me in duplicate, for the building of twenty-five combination closed and open streetcars for your company. kindly sign, ..... circumstances, the most that the railway company could claim was the reasonable cost of obtaining new brakes adapted for use on the cars constructed under the contract. the case, as stated by the court, was as follows: this action was brought by the pullman palace car company to recover from the ..... be inspected and accepted at the pullman works, and to be paid for on delivery, the written acceptance of the railway company to constitute a contract mutually binding. nothing was said about brakes except that they were to be operated by gripmen with lever, both trucks. the railway company accepted .....

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Mar 04 1895 (FN)

Cunningham Vs. Macon and Brunswick R. Co.

Court : US Supreme Court

Decided on : Mar-04-1895

..... creditor can have no subrogation to such thing. in the present case, when the subrogation was claimed, the state had divested herself of all her rights under the mortgage of indemnity by selling the mortgaged premises, and had applied the proceeds of the sale to the payment of the debt which the mortgage was given to secure. she had no longer ..... was in violation of the constitutional amendment, the only result is to render the endorsement void, and thus the bonds are left outstanding as page 156 u. s. 422 valid contracts of the railroad company, secured by the statutory mortgage reserved in the act of 1866. this contradicts the plain text of that act, since it only purported to reserve a ..... with the bonds issued under the former. but to admit this contention would make the act of 1870 void, because it would, if thus construed, impair the obligations of the contract made with the holders of the bonds first issued. or second, by contending that inasmuch as the mortgage created by the act of 1866 was in favor of the state ..... specific lien upon the property, cannot be enforced against the state's grantees. where property passes to the state subject to a specific lien or trust created by law or contract, such lien or trust may be enforced by the courts whenever the property comes under their jurisdiction and control. thus, if property held by the government, covered by a mortgage .....

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Jan 21 1895 (FN)

United States Vs. E. C. Knight Co.

Court : US Supreme Court

Decided on : Jan-21-1895

..... to that end, and to deprive the public of the advantages which flow from free competition. slight reflection will show that if the national power extends to all contracts and combinations in manufacture, agriculture, mining, and other productive industries whose ultimate result may affect external commerce, comparatively little of business operations and affairs would be ..... , and state legislation which in a great variety of ways affected interstate commerce and persons engaged in it has been frequently sustained because the interference was not direct. contracts, combinations, or conspiracies to control domestic enterprise in manufacture, agriculture, mining, production in all its forms, or to raise or lower prices or wages might unquestionably ..... general government whenever interstate or international commerce may be ultimately affected. the regulation of commerce applies to the subjects of commerce, and not to matters of internal police. contracts to buy, sell, or exchange goods to be transported among the several states, the transportation and its instrumentalities, and articles bought, sold, or exchanged for the ..... and subsequently delivered to the defendants therefor in exchange shares of the american sugar refining company; that on or about the same date, searles entered into a similar contract with the spreckels company and individual stockholders, and with the franklin company and stockholders, and with the delaware sugar house and stockholders. it was further averred that .....

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Dec 16 1895 (FN)

Townsend Vs. Vanderwerker

Court : US Supreme Court

Decided on : Dec-16-1895

..... this event, he did not act with sufficient promptness. the only circumstance that occurred during the period of nine years from the time the contract was made which was calculated to excite his suspicion that she did not intend to carry out her alleged agreement was the execution of a ..... 1407; bostwick v. beach, 103 n.y. 414. in the case under consideration, mrs. marvin had but partially disabled herself from carrying out her contract with the plaintiff according to its original terms by encumbering the property with the trust deed in favor of white. under such circumstances, the plaintiff might have ..... plaintiff had sustained any damages. the american cases are also to the effect that where the defendant has only partially disabled himself from carrying out the contract, the plaintiff may be entitled to a specific performance so far as it can be enforced, and may receive compensation in damages for the deficiency ..... and it was very properly held that his only remedy was at law. but if the defendant has not wholly disabled himself from carrying out the contract, he may be decreed to perform specifically so much as he is still able to perform, and plaintiff may recover damages for the residue. thus ..... prosecution of a claim against the republic of mexico. it was held that the death of the owner of the fund did not dissolve the contract, but that the right to compensation constituted a lien upon the money when recovered, and that this was sufficient ground for jurisdiction in equity .....

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Nov 18 1895 (FN)

United States Vs. Union Pacific Ry. Co.

Court : US Supreme Court

Decided on : Nov-18-1895

..... corporations created by it or that had accepted the bounty of the government. it was never intended that the railroad companies accepting such bounty should be able, by any contract or arrangement with telegraph companies, to discharge themselves, for all time and beyond the authority of congress otherwise to provide, from the obligation to exercise, by their ..... a state, interfere with private rights, except for legitimate governmental purposes. they are not included within the constitutional prohibition which prevents states from passing laws impairing the obligation of contracts; but, equally with the states, they are prohibited from depriving persons or corporations of property without due process of law. they cannot legislate back to themselves, without making ..... pacific railway & telegraph company, a corporation of colorado. the present suit proceeds on the ground that the union pacific railway company is conducting its business under certain contracts and agreements with the western union telegraph company that are not only repugnant to the provisions of the above act of 1888, but are inconsistent with the rights of ..... the duty of all railroads and telegraph companies to report to the interstate commerce commission in relation to certain matters and to file with that body copies of all contracts and agreements of every description between it and every other person or corporation in reference to the ownership, possession, maintenance, control, use, or operation of any telegraph .....

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