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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1897 Page 1 of about 57 results (0.054 seconds)

Nov 29 1897 (FN)

Karrick Vs. Hannaman

Court : US Supreme Court

Decided on : Nov-29-1897

..... artificial. it is based on the ground that one partner has the right to found his claim, real or otherwise, to immediate safety and indemnity, on an obvious injury to the interests and rights of another, which is alike inequitable and unjust, and we think it is not supported ..... a dissolution where, by the express agreement, it is to continue for a definite term, and this court will not interfere to dissolve the contract upon such ground." "the views thus expressed have the apparent support of most elementary writers, and seem to be in conformity with the doctrine ..... the same position as if the articles had been executed as agreed, it will seldom, if ever, specifically compel subsequent performance of the contract by either party, the contract of partnership being of an essentially personal character. batten on specific performance page 168 u. s. 336 165-167; lindley on partnership, bk ..... either case, the action of one partner does actually dissolve the partnership. a court of equity doubtless will not assist the partner breaking his contract to procure a dissolution of the partnership, because, upon familiar principles, a partner who has not fully and fairly performed the partnership agreement on ..... a business for their common benefit, each contributing property or services and having a community of interest in the profits. it is, in effect, a contract of mutual agency, each partner acting as a principal in his own behalf and as agent for his co-partner. meehan v. valentine, 145 u .....

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Feb 15 1897 (FN)

Atlantic and Pacific R. Co. Vs. Mingus

Court : US Supreme Court

Decided on : Feb-15-1897

..... , declaring all the lands, excepting the right of way, "adjacent to and coterminous with the uncompleted portions of the main line of said road, embraced within both the granted and indemnity limits, as contemplated" by the act of organization, to be "forfeited and restored to the public domain." the validity of this act raised the only question at issue between the ..... for the benefit of the indian tribes might not have been consistent with its obligations to extinguish indian titles, if the company had been prosecuting its work according to its contract, we do not think that it is entitled to complain that the government did not deal with it precisely as if it lived up to its undertaking. the judgment of ..... by a trackage contract with the southern pacific, the atlantic and pacific obtained the right to run its own cars to san francisco, and to conduct to that point an independent and competitive freight ..... territory, and 560 miles westward from albuquerque to the "needles," on the colorado river, all of which were examined and accepted by order of the president. it also acquired, by contract of purchase at an expense of $7,290,000, 243 miles of road from the needles to mojave, california, which had been constructed by the southern pacific railroad company, and .....

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May 10 1897 (FN)

London Assurance Vs. Companhia De Moagens

Court : US Supreme Court

Decided on : May-10-1897

..... not be considered a waiver or acceptance of an abandonment, nor should it prejudice any defense that the insurers of the cargo might have under their contract of insurance. it was also agreed that the amount of the freight agreed upon was to be a recoverable item in any claim except for general average ..... the place of performance, and, if the interest allowed by the laws of the place of performance is higher than that permitted at the place of the contract, the parties may stipulate for the higher interest without incurring the penalties of usury." in bell v. bruen, 1 how. 169, a letter of guaranty ..... page 167 u. s. 160 shall assume, both of protecting the company against fraud and of securing the just rights of the assured under a valid contract of insurance. it is its language which the court is invited to interpret, and it is both reasonable and just that its own words should be ..... 4.95-100) gold to the pound sterling. claims to be adjusted according to the usages of lloyds, but subject to the conditions of the policy and contract of insurance." immediately underneath, and also printed in red ink, in the following: "notice. to conform with the revenue laws of great britain, in order ..... affirmed that judgment, it was brought here by writ of certiorari, for review. held: page 167 u. s. 150 (1) that under the circumstances, the contract of insurance was to be interpreted according to english law. (2) that if a ship be once in collision during the adventure, after the goods are on board .....

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Nov 29 1897 (FN)

Douglas Vs. Kentucky

Court : US Supreme Court

Decided on : Nov-29-1897

..... the federal constitution. this contention is disputed by the state. so that the issue presented makes it necessary to inquire whether that which the defendant asserts to be a contract was a contract of the class to which the constitution of the united states refers. this court must determine -- indeed, it cannot, consistently with its duty, refuse page 168 u. s. 501 ..... money which were appropriated by him for the benefit of shelby college, and the trustees of the college had mortgaged to him their rights under the lottery franchise for his indemnity. as the lottery privilege was granted for the benefit of the shelby college, and the money was advanced by waller with the assent of the trustees of the college under ..... as conclusive the interpretation placed by the supreme court of ohio upon the constitution and laws of that state as affecting certain state legislation which it was alleged constituted a contract the obligation of which could not be impaired by legislation. mr. justice wayne, delivering the unanimous judgment of the court, said: "the constructions given by the courts of the states ..... provisions invoked in support of the action were repugnant to the clause of the constitution of the united states prohibiting any state from passing a law impairing the obligation of contracts. the defense was sustained by the court of original jurisdiction, which overruled a demurrer to the answer, and, the commonwealth having declined to plead further, its petition was dismissed. that .....

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Mar 22 1897 (FN)

United States Vs. Trans-Missouri Freight Ass'n

Court : US Supreme Court

Decided on : Mar-22-1897

..... , stable rates, etc. after the act of 1890 had been adopted in the senate, it was amended in the house of representatives so as to specifically include among the contracts declared lawful "contracts for the transportation of persons or property from one state or territory into another." cong.rec. vol. 21, part 5, pp. 4099, 4144. on the return of ..... 462: "if there is one thing which more than another public policy requires, it is that men of full age and competent understanding shall have the utmost liberty of contracting, and their contracts, when entered into freely and voluntarily, shall be held sacred, and shall be enforced by courts of justice." the remedy intended to be accomplished by the act of ..... the instance of business of such a character that it presumably cannot be restrained to any extent whatever without prejudice to the public interests, courts decline to enforce or sustain contracts imposing such restraint, however partial, because in contravention of public policy. this subject is much considered, and the authorities cited, in west virginia transportation co. v. ohio river ..... trade, traffic, and commerce among and between the states and territories aforesaid, did combine, conspire, confederate, and unlawfully agree together, and did then and there enter into a written contract, combination, agreement, and compact, known as a memorandum of agreement of the trans-missouri freight association, which was signed by each of said above-named defendants." the bill then sets .....

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Dec 06 1897 (FN)

Adams Vs. Henderson

Court : US Supreme Court

Decided on : Dec-06-1897

..... had assumed to convey to them. that a court of equity has power to correct this mutual mistake, make the instruments given in execution of the contract conform to the real intention of the parties as established by clear and convincing proof, and hold the parties to their actual agreement, cannot be doubted. ..... plaintiffs, with interest. the decree rendered was in accordance with the prayer of the cross-complaint. in legal effect, it was a decree rescinding the contract between the parties because of the inability of the plaintiffs to make a sufficient title to the lands sold by them. under the facts stated, the ..... returned by the bank to adams and shilling. after reed and henderson notified adams and shilling of page 168 u. s. 578 the rescission of the contract of sale, and before the bringing of this suit, adams and shilling tendered another deed -- a special warranty deed, containing a proper description of the ..... of the southwest quarter of that section, and of the northeast quarter of the southwest quarter of the same section, in weber county, utah. the land contracted for, it will be observed, was in township page 168 u. s. 576 five, while the land actually conveyed was in township six. but the ..... reservation, but not as to other minerals. held that r. & h. were not bound to accept the deed tendered, and were entitled to have the contract rescinded, and to receive back the money paid by them. the case is stated in the opinion. mr. justice harlan, after stating the facts in the .....

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Jan 25 1897 (FN)

Robertson Vs. Baldwin

Court : US Supreme Court

Decided on : Jan-25-1897

..... personal services for another, the court cannot refuse to act because the party seeking relief had voluntarily agreed to render such services during a given period. the voluntary contracts of individuals for personal services in private business cannot justify the existence anywhere or at any time in this country of a condition of involuntary servitude not imposed as ..... a service which was voluntary at the outset, but became involuntary before the agreed term of service was ended; consequently, "an individual may, for a valuable consideration, contract for the surrender of his personal liberty for a definite time and for a recognized purpose, and subordinate his going and coming to the will of another during the continuance ..... thirteenth amendment was adopted, and similar legislation abroad from time immemorial, it cannot be open to doubt that the provision against involuntary servitude was never intended to apply to their contracts. the judgment of the court below is therefore affirmed. mr. justice harlan, dissenting. the appellants shipped on the american barkentine arago, having previously signed articles whereby they ..... thirteenth amendment forbidding slavery and involuntary servitude, and it cannot be open to doubt that the provision against involuntary servitude was never intended to apply to such contracts. the contract of a sailor has always been treated as an exceptional one, and involving to a certain extent the surrender of his personal liberty during the life of the .....

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Jan 10 1897 (FN)

Williams Vs. Paine

Court : US Supreme Court

Decided on : Jan-10-1897

..... the instrument executed by huntt, changes the character of that instrument, and shows that it was not intended as a conveyance, but as a simple contract of sale. the language referred to comes immediately after the words, "with the improvements and appurtenances," and is as follows: "and i hereby further ..... the provisions of the act, and the defect was thereby cured. we agree generally that although there are words of conveyance in praesenti in a contract for the purchase and sale of lands, still, if from the whole instrument it is manifest that further conveyances were contemplated by the parties, ..... orders for the delivery of either, between the two countries, directly or indirectly, or through the intervention of third persons or partnerships, or by contracts in any form looking to or involving such transmission, or by insurances upon trade with or by the enemy. beyond the principle of these cases, ..... war between their countries, and that this includes any act of voluntary submission to the enemy or receiving his protection, as well any act or contract which tends to increase his resources, and every kind of trading or commercial dealing or intercourse, whether by page 169 u. s. 73 transmission ..... reside in the different countries engaged in such war. in the case of kershaw v. kelsey, 100 mass. 561, the general subject of contracts and business entered into and transacted between the citizens of the different states at war with each other is examined, and the question treated with .....

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1897

Allgeyer Vs. Louisiana

Court : US Supreme Court

Decided on : Jan-01-1897

..... where he will, to earn his livelihood by any lawful calling, to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper, necessary, and essential to his carrying out to a successful conclusion the purposes above mentioned. it was said by mr. justice ..... york city, received the policy from them for delivery in san francisco, and the premium was there paid. upon the question as to the place where the contract was made, mr. justice white, speaking for the court, said: "it is claimed, however, that irrespective of this [commerce] clause, the conviction here ..... agent of defendant when the exchange has not been negotiated, a new and a separate policy of insurance for the cotton, in accordance with the contract made with the defendants and evidenced by the policy above mentioned and described. this new and separate policy, when received, is attached to the bill ..... imposed by its laws; that the contracts of insurance made by defendants were made with an insurance company in the state of new york, where the premiums were paid and where the ..... the constitution of the united states. they also set up that the business concerning which defendants were sought to be made liable, and the contracts made in reference to such business, were beyond the jurisdiction of the state of louisiana, and that the defendants were not amenable to any penalties .....

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Dec 13 1897 (FN)

Springer Land Ass'n Vs. Ford

Court : US Supreme Court

Decided on : Dec-13-1897

..... all times afterwards, was and remained in the maxwell land grant company except as to the rights acquired by strawn and associates, and their successors in interest, under said contract. the same contract constituted strawn and his associates and successors in interest the agents of the maxwell company to the extent of, and for the purpose of, carrying into effect the spirit ..... improvement, gave to the springer land association an interest in the 22,000-acre tract. the improvement was projected and constructed upon the property as an entirety, though the contract contemplated that after its completion, the tract should be cut up and sold in small holdings, the maxwell company manifestly causing the improvement to be made for the express purpose ..... than a fee simple estate in such land, then only his interest therein is subject to such lien." " 1524. every original contractor, within ninety days after the completion of his contract, and every person, save the original contractor, claiming the benefit of this act, must within sixty days after the completion of any building, improvement, or structure, or after the ..... the amounts due them. no settlement was made between ford and mcgarvey. mcgarvey then informed the agent of the springer land association that the work was not done according to contract, upon which the latter disputed the correctness of the final estimate, and ultimately refused to audit the same. the said disagreement between ford and subcontractor mcgarvey was one of .....

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