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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1898 Page 1 of about 57 results (0.051 seconds)

Jan 08 1898 (FN)

Hetzel Vs. Baltimore and Ohio R. Co.

Court : US Supreme Court

Decided on : Jan-08-1898

..... inquiry is what is an adequate indemnity to the party injured?, and the answer cannot be affected by the form of the action in which he seeks his remedy." again: "in using the words 'uncertain, ..... the natural accompaniment and the proximate result of the violation of the contract. . . . the proof may sometimes be rather difficult upon the question whether the damage was the just or proximate result of the breach of the covenant. ..... speculation or doubt as to create in the minds of intelligent and reasonable men the belief that it was most likely to follow from the breach of the contract, and was a probable and direct result thereof. such a result would be regarded as having been within the contemplation of the parties and as being ..... that the rule of damages should not depend upon the form of the action. in all civil actions, the law gives, or endeavors to give, a just indemnity for the wrong which has been done to the plaintiff, and whether the act was of the kind designated as a 'tort,' or one consisting of a breach ..... of a contract, is on the question of damages an irrelevant inquiry. as was said by rapallo, j., in baker v. drake, 53 n.y. 211, 220, the .....

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Feb 21 1898 (FN)

Cessna Vs. United States

Court : US Supreme Court

Decided on : Feb-21-1898

..... herein expressed," but that simply means the conditions and terms under which the executive will act. article 3 refers to grants to empresarios, and specifically declares that they "shall previously contract with the executive," who will "designate the province to which they must direct themselves; the lands which they can occupy." it is said that heath does not come page 169 ..... kind now belonging to mexicans not established there shall be inviolably respected. the present owners, the heirs of these, and all mexicans who may hereafter acquire said property by contract shall enjoy with respect to it guaranties equally ample as if the same belonged to citizens of the united states." the act creating the court of private land claims (act ..... themselves; the lands which they can occupy with the right of property, and the other circumstances which may be considered necessary." "art. 4. families who emigrate, not included in a contract, shall immediately present themselves to the ayuntamiento of the place where they wish to settle in order that this body, in conformity with the instructions of the executive, may designate ..... will distribute lands to them, under the conditions and terms herein expressed." "art. 3. the empresarios, by whom is understood those who introduce at least two hundred families, shall previously contract with the executive, and inform it what branch of industry they propose to follow, the property or resources they page 169 u. s. 171 intend to introduce for that purpose .....

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Apr 18 1898 (FN)

American Surety Co. Vs. Pauly

Court : US Supreme Court

Decided on : Apr-18-1898

..... these intervening stipulations and bring into juxtaposition the provision as to satisfactory proof and the subsequent language which it is claimed destroys the legal effect of the prior clause. the contract, thus arranged, would then read as follows: "the company shall, within three months next after notice, accompanied by satisfactory proof, of a loss, as hereinafter mentioned, has been given to ..... , was to be the determinative rule, controlling not only the mind of the guaranty company but regulating any judicial proceeding which might thereafter arise concerning the obligations created by the contract. but manifestly the words "after notice, accompanied by satisfactory proof, of loss" referred, not to the bank, by whom the claim was to be made, as the person to whom ..... acceptable for the consideration of the surety company, to verify it under oath, nor did it exact that it should be supported by any legal evidence whatever. hence, by the contract, the bank could fulfill all the requirements referred to in that instrument as to the particular formal proof alluded to by simply making an unsworn statement to the guaranty company ..... far to say that the construction given to it by the company was so clearly right that a different construction would be unreasonable or entirely inadmissible. we have then a contract so drawn as to leave room for two constructions of its provisions, either of which, it may be conceded, is reasonable -- one favorable to the company, and the other favorable .....

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Nov 28 1898 (FN)

United States Vs. Wardwell

Court : US Supreme Court

Decided on : Nov-28-1898

..... in 1890, applied to the treasury department for payment of the checks by the issue of treasury warrants, and at the same time filed a bond of indemnity, with sufficient sureties, for double the amounts thereof, to secure the united states against a possible second demand for payment. the first comptroller of the treasury ..... actually demanded and refused." in morse on banks and banking, page 40, 2d ed., the author says: "we have already seen that it is a contract specially modified by the clear legal understanding that the money shall be forthcoming to meet the order of the creditor whenever that order shall be properly presented for ..... found. hence it follows that no right of action exists, and the statute of limitations does not begin to run, until the demand stipulated for in the contract has been duly made." and the rule thus announced in respect to ordinary deposits was held to pally in case of a certified check: page 172 u. ..... illogical, added: page 172 u. s. 54 "the rule ought not to be extended to cases which do not fall precisely within it. here, the contract to be implied from the usual course of the business is that the banker shall keep the money until it is called for. although it is not strictly ..... for a suit until after refusal of an application for a warrant, and that then, for the first time, a claim for the breach of the contract accrued and the limitations prescribed by rev.stat. 1069 began to run. this is an appeal from the court of claims. the facts as found by .....

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Oct 17 1898 (FN)

Briggs Vs. Walker

Court : US Supreme Court

Decided on : Oct-17-1898

..... officer's property at the time of his death. in this court, it is well settled that moneys received by the united states from a foreign government by way of indemnity for the destruction of american vessels, and granted by act of congress to the owners of those vessels, without directing to whom payment shall be made in case of death ..... relief of the heirs of william emerson, deceased," and it granted the money as a reward for services, meritorious indeed, but voluntarily rendered by emerson, not under any law or contract, and imposing no obligation, legal or equitable, upon the government to compensate him therefor, and the money was therefore held to have been received by his heirs as a gift ..... $88,000. see briggs v. united states, 25 ct.cl. 126; 143 u. s. 143 u.s. 346. half of that sum was paid to the attorneys, pursuant to a contract between them and briggs, and the rest, being the sum of $44,000, came to the hands of the executor. thereupon the executor, in a suit previously brought against him .....

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Oct 24 1898 (FN)

United States Vs. Joint Traffic Association

Court : US Supreme Court

Decided on : Oct-24-1898

..... evil, and in regard to which, so far as the combination operates upon and restrains interstate commerce, congress has power to legislate and to prohibit. the prohibition of such contracts may, in the judgment of congress, be one of the reasonable necessities for the proper regulation of commerce, and congress is the judge of such necessity and propriety unless, ..... several states. this will be conceded by all, the only question being as to the extent of the power. we think it extends at least to the prohibition of contracts relating to interstate commerce which would extinguish all competition between otherwise competing railroad corporations, and which would in that way restrain interstate trade or commerce. we do not think that ..... of the railroads parties to the contract or combination, even though the rates and fares thus established are reasonable. such an agreement directly affects, and, of course, is intended to affect, the cost of transportation of ..... of its right to regulate commerce among the several states or otherwise, has the power to prohibit, as in restraint page 171 u. s. 569 of interstate commerce, a contract or combination between competing railroad corporations entered into and formed for the purpose of establishing and maintaining interstate rates and fares for the transportation of freight and passengers on any .....

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Jan 17 1898 (FN)

Ritter Vs. Mutual Life Ins. Co. of New York

Court : US Supreme Court

Decided on : Jan-17-1898

..... which the company undertook to pay was intended to be left to his option. that view is against the very essence of the contract. (4) a contract the tendency of which is to endanger the public interests or injuriously affect the public good or which is subversive of sound morality ..... the assured cannot voluntarily and intentionally vary them. upon principles of public policy and morals, the fraud or the criminal misconduct of the assured is, in contracts of marine or of fire insurance, an page 169 u. s. 158 implied exception to the liability of the insurer. waters v. merchants' louisville ..... in supreme commandery v. ainsworth, 71 ala. 436, 446. chief justice brickell, delivering the unanimous judgment of that court, said: "in all contracts of insurance. there is a implied understanding or agreement that the risks insured against are such as the thing insured, whether it is property or health ..... self-destruction while the assured was in sound mind, but only death occurring in the ordinary course of his life. that the parties to the contract did not contemplate insurance against death caused by deliberate, intentional self-destruction when the assured was in sound mind is apparent from the "provisions, ..... -destruction? looking at the nature and object of life insurance, can it be supposed to be within the contemplation of either party to the contract that the company shall be liable upon its promise to pay where the assured, in sound mind, by destroying his own life, intentionally precipitates .....

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May 09 1898 (FN)

Rhodes Vs. Iowa

Court : US Supreme Court

Decided on : May-09-1898

..... sell to the dominion of state authority should not, without the clearest implication, be held to imply the purpose of subjecting to state laws a contract which, in its very object and nature, was not susceptible of such regulation even if the constitutional right to do so existed, as to which ..... held in the bowman case, the inevitable consequence of allowing a state law to forbid interstate shipments of merchandise would be to destroy the right to contract beyond the limits of the state for such shipments. if the construction claimed be upheld, it would be in the power of each state to ..... so as to subject persons and property beyond their borders to the restraints of their laws. if the act of congress be construed as reaching the contract for interstate shipment made in another state, the necessary effect must be to give to the laws of the several states extraterritorial operation, for, ..... its statutory regulations merchandise shipped from another state the moment it reached the line of the state of iowa, and before the consummation of the contract of shipment by arrival at its destination and delivery there to the consignee. and it is to this question that the discussion at bar has ..... from one state into another from the point of transmission to the point of consignment, and the accomplishment there of the delivery covered by the contract. this protection of the constitution of the united states is plainly denied by the statute now under review, as its provisions are interpreted by the .....

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Apr 25 1898 (FN)

Calderon Vs. Atlas Steamship Co.

Court : US Supreme Court

Decided on : Apr-25-1898

..... contravention of the harter act. indeed, we understand it to be practically conceded that under the construction we have given to this clause of the contract, the exemption would be unreasonable and invalid. the decree of the district court is therefore reversed, and the case remanded to that court, with ..... in chicago, milwaukee &c.; railway v. solan, 169 u. s. 133 , 169 u. s. 135 , wherein it was said that "any contract by which a common carrier of goods or passengers undertakes to exempt himself from all responsibility for loss or damage arising from the negligence of himself or servants ..... where the purpose of the statute is alike applicable to all." see also endlich on the interpretation of statutes, 4. in this case, the contract is one prepared by the respondent itself for the general purposes of its business. with every opportunity for a choice of language, it used a ..... these words is that the carrier shall not be liable to any amount for goods exceeding in value $100 per package. it is true that contracts for the carriage of goods by water, as well as by land, frequently contain a provision limiting the liability of the carrier to a certain ..... payne, 86 va. 481; j. j. douglas company v. minnesota transportation co., 62 minn. 288. we are, however, not content with the construction put upon the contract by the courts below. whether the limitation of liability to goods above the value of $100 per package applies to "gold, silver, bullion, specie, documents, jewelry, pictures .....

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Apr 11 1898 (FN)

Chicago, B. and Q. R. Co. Vs. Nebraska Ex Rel. Omaha

Court : US Supreme Court

Decided on : Apr-11-1898

..... given by which the control of a certain street had been surrendered; that such matters cannot, from their public nature, be made the subject of a final and irrevocable contract. another ground of complaint is that the act in question delegates to the municipality authority, in cases where two or more railway companies own or operate tracks across public streets ..... viaduct over railroad tracks located across a public street may be essential to the public safety, it does not follow that a legislative enactment impairing the obligation of an existing contract is necessary to secure its construction and maintenance, and that any attempt upon behalf of the state to establish a viaduct through such legislation, however necessary the viaduct itself ..... any viaduct or viaducts, after having been required so to do as herein provided, to proceed with the erection, construction, reconstruction, or repair of such viaduct or viaducts by contract or in such other manner as may be provided by ordinance, and assess the cost of the erection, construction, reconstruction, or repair of such viaduct or viaducts against the property ..... paid by said union pacific railway company and one-fourth thereof to be paid by said omaha and southwestern railroad company. . . . the plans and specifications for said viaducts, before contracts for the construction thereof are entered into, shall be submitted to and approved by said parties of the second part, and should plans and specifications be adopted by said party .....

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