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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1900 Page 1 of about 69 results (0.063 seconds)

Dec 10 1900 (FN)

Williams Vs. Fears

Court : US Supreme Court

Decided on : Dec-10-1900

..... was not a transaction of commerce, and it was said: "the policies are simple 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 ..... the authorities cited. if the power to regulate interstate commerce applied to all the incidents to which said commerce might give rise and to all contracts which might be made in the course of its transaction, that power would embrace the entire sphere of mercantile activity in any was connected with ..... in hiring laborers in georgia to be employed beyond the limits of the state. of course, transportation must eventually take place as the result of such contracts, but it does not follow that the emigrant agent was engaged page 179 u. s. 277 in transportation, or that the tax on his ..... or an instrumentality thereof, and the mere incidents which page 179 u. s. 271 may attend the carrying on of such commerce. these labor contracts were not in themselves subjects of traffic between the states, nor was the business of hiring laborers so immediately connected with interstate transportation or interstate traffic ..... limits of the state. held that the levy of the tag did not amount to such an interference with the freedom of transit, or of contract, as to violate the federal constitution. nor was the objection tenable that the equal protection of the laws was denied because the business of .....

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May 28 1900 (FN)

Chicago, M. and St. P. Ry. Co. Vs. Clark

Court : US Supreme Court

Decided on : May-28-1900

..... railway company, and the sum of $40,000 of the amount so due, as aforesaid, under said contract to the said heman clark, has been reserved and set aside by said railway company, as indemnity or security for the payment of said claims and of such other claims of the same class as ..... that under the facts proved in this case, the plaintiff is not legally liable to the defendant for any damages for failure to complete the contract within the contract time or the time agreed upon, for the reason that the plaintiff was prevented by the negligence of the defendant and its omission to procure ..... referred to, and herein valued at page 178 u. s. 360 $2,425. besides the above, the defendant has paid the $40,000 reserved as indemnity or security for the payment of claims against clark, and in addition thereto, upon like accounts, the sum of $521.75." "15. that at the time ..... adequacy of the consideration is not, in such cases, open to inquiry. the referee found: "that no other final settlement of the accounts under section aid contracts had been had between the plaintiff and the defendant at the time the said last-mentioned paper was signed and delivered. . . . that no account was ..... made by d. j. whittemore, chief engineer of the chicago, milwaukee & st. paul railway company, of all the work done and material furnished under the contract made between said railway company and heman clark, bearing date march 8, 1886, for the construction of the railroad from ottumwa, in iowa, to the missouri river .....

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Feb 26 1900 (FN)

The Panama

Court : US Supreme Court

Decided on : Feb-26-1900

..... be no naval war, the government may charter one or more of the company's vessels, and in that event shall pay an indemnity estimated by the aforesaid commission. the district court denied the motion of the master to take further proof, restored parts of the cargo to claimants ..... recommendation of the prize commissioners directing her arms and ammunition to be delivered to the commodore for the use of the navy department. and the contract of her owner with the spanish government, pursuant to which the armament had been put on board, expressly provided that, in case of war ..... two nations, by convention between themselves, have made special agreements concerning mail ships. but international agreements for the immunity of the mailships of the contracting parties in case of war between them have never, we believe, gone further than to provide, as in the postal convention between the united ..... percent on the valuation aforesaid. by article 66, at the end of the war, the government may relieve the company of the performance of the contract if the casualties of the war have disabled it from continuing the service. and by article 67, in extraordinary political circumstances, and though there ..... spanish government agreed to pay certain subsidies to this company and not to subsidize other steamship lines between the same points. among the provisions of the contract, besides article 26, above quoted, were the following: by article 25, new ships of the west indian line must be of iron, or .....

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Apr 09 1900 (FN)

Knights of Pythias Vs. Withers

Court : US Supreme Court

Decided on : Apr-09-1900

..... the agent in his printed instructions enjoined to inform those with whom he treats of it. . . . its inevitable effect is to greatly weaken the indemnity on which the assured rely. it is inconsistent with the acts and conduct of the insurance companies in sending abroad all over the land their agents and ..... 177 u. s. 272 an innocent party in the transaction, or should it fall upon the company, who alone enabled puschman to successfully consummate the contract of insurance by placing in his hands the policy for delivery? the street broker was not the agent of the plaintiff for any purpose. if the ..... the assertion of a falsehood, and an attempt to put that falsehood into the mouth of the assured. it formed no part of the contract of insurance. that contract consists of the application and the policy issued in pursuance thereof. in point of page 177 u. s. 271 fact the assured does not ..... membership dated january 1, 1883, the surrender of the former certificate and the application for transfer to the fourth class, which were "made a part of this contract, . . . and in consideration of the payment heretofore to the said endowment rank of all monthly payments, as required, and the full compliance with all ..... "i hereby agree that i will punctually pay all dues and assessments to which i may become liable, and that i will be governed, and this contract shall be controlled, by all the laws, rules, and regulations of the order governing this rank, now in force,= or that may hereafter be enacted, .....

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May 28 1900 (FN)

New York Life Ins. Co. Vs. Cravens

Court : US Supreme Court

Decided on : May-28-1900

..... not be confused, though made somewhat dependent upon a common reasoning. (1) a policy of mutual life insurance, it is contended, is an interstate contract, and the parties may choose its "applicatory law." instances under the law of usury, instances under private international law, are cited as examples of authority ..... imposed upon the oil company doing business within the state, we said of the statute that, "whatever its limitations were upon the power of contracting, whatever its discriminations were, they became conditions of the permit and were accepted with it." we stated the exceptions of the rule to be ..... and to be the rule and measure of the rights and obligations of the parties, notwithstanding the application for the policy declares "that the entire contract contained in the said policy and in this application, taken together, shall be construed and interpreted as a whole and in each of its ..... is not less than the power of a state over domestic corporations. the business of insurance is not commerce, and the making of a contract of insurance is a mere incident of commercial intercourse in which there is no difference whatever between insurance against fire, insurance against the perils of ..... a citizen of that state, is subject to the laws of that state regulating life insurance policies, although the policy declares "that the entire contract contained in the said policy and in this application, taken together, shall be construed and interpreted as a whole and in each of its .....

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Dec 24 1900 (FN)

Joyce Vs. Auten

Court : US Supreme Court

Decided on : Dec-24-1900

..... of sufficient value to pay the unpaid purchase money. it is familiar law that a bank receiving notes for collection is entitled, in the absence of a contract, expressed or implied, to the contrary, to retain them as security for the debt of the party depositing the notes. 1 jones, liens (2d ed ..... discharged from liability thereon by reason of any expectation, reliance, or condition unless notice thereof be given to the promisee, or, in other words, that the contract stands as expressed in the writing in the absence of conditions which are known to the recipient of the promise. see, among other cases, goodman v. ..... stated them in the writing, or at least given notice of them to the payee, the other party to the contract. even if he had told his principal that he signed only upon a condition, such notice would not bind the payee unless communicated to him much ..... discharged from liability thereon by reason of any expectation, reliance or condition unless notice thereof be given to the promisee -- or, in other words, the contract stands as expressed in the writing in the absence of conditions which are known to the recipient of the promise. an assignment in insolvency does not ..... on the same plane. if the surety has any other defense, it must be because the writing does not fully express his contract. he says that it does not express the contract he intended to make, but no conditions are named. if he wanted to attach conditions to his guaranty, he should have .....

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Jan 29 1900 (FN)

Lackawanna Iron and Coal Co. Vs. Farmers' L. and T. Co.

Court : US Supreme Court

Decided on : Jan-29-1900

..... mortgage, and covering the waco division and 6,000 acres of land per mile of completed road; 6. a mortgage dated may 7, 1877, commonly known as the income and indemnity mortgage, and covering all the property of the railway company; 7. a mortgage dated april 1, 1881, commonly known as the general mortgage, and covering all the property of the ..... as was not satisfied at maturity was extended until, in process of settlements and extensions, the railway company, in the satisfaction of the balance due the lackawanna company under the contract, executed its eight promissory notes payable four months from their respective dates, with six percent interest from maturity. these notes aggregated $118,000. in the negotiations resulting in this ..... the southern development company. on the 30th day of october, 1883 -- nearly six years before the present foreclosure suit was brought -- the lackawanna company and the railway company made another contract in addition to those above mentioned, under which the former delivered to the latter, during the months of february, march, april, and may, 1884, 8,552 tons of steel rails ..... the appointment of a receiver in this cause. then there is the circumstance that the lackawanna company, during the negotiations resulting in the execution of renewal notes under the second contract for rails, demanded and received collateral security to a large amount from the railroad company -- a circumstance tending to show that it did not regard itself as entitled to an .....

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Jan 08 1900 (FN)

Canada Sugar Refining Co. Vs. Insurance Co.

Court : US Supreme Court

Decided on : Jan-08-1900

..... in some of the cases, between an actual and a technical total loss, we think it evident that the refining company would not receive the indemnity for which it bargained and paid unless it is permitted to recover in the present case. by such recovery it will not receive more than will ..... abandonment to the insurance company of north america. in mumford v. page 175 u. s. 619 hallett, 1 johns. 433, where there were separate contracts of insurance on cargo and on profits and where it was contended that the assured, by having abandoned the goods to the underwriter, had disabled himself ..... ship john e. sayre, having on board a cargo of sugar belonging to the canada sugar refining company, sailed from iloilo for montreal. by several contracts of insurance between the refining company and the atlantic mutual insurance company, the latter had insured the former against the loss of the cargo in the sum ..... the court. the district court held that by the stranding of the vessel john e. sayre, there had been caused, under the provisions of the contract of insurance between the canada sugar refining company and the insurance company of north america, a total loss of profits, and accordingly entered a decree ..... on her voyage, stranded on the coast of newfoundland, became a total loss, and the voyage came to an end. the master, representing all concerned, contracted with local fishermen to give them one-half of the sugar they could save. on july 8, 1893, the insurers of the cargo, having been notified .....

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Mar 26 1900 (FN)

Houston and Texas Central R. Co. Vs. Texas

Court : US Supreme Court

Decided on : Mar-26-1900

..... been fully executed by the company and the state, neither party having chosen to refuse to perform its terms, neither party, as between themselves, can thereafter act as if the contract had not been performed. this proceeding was commenced by the state of texas against the defendant, the houston & texas central railroad company (hereafter called the company), to recover the ..... , after striking out the payments made by the company with the treasury warrants. these amounts were paid under protest as being illegally demanded and resulting in a violation of the contract existing between the companies and the state. payments on the same basis were continued semiannually from that time, accompanied by a protest similar to the one first mentioned, until, ..... that time, the company has refused to make further payments. it claimed that the act of august 13, 1870, as construed by the state authorities, impaired the obligation of the contract existing between the state and itself, and thereupon it prayed for judgment. to this pleading the plaintiff filed its first supplemental petition, and therein specially set up that the three ..... of a scheme to overturn the authority of the united states within the territory dominated by the confederate states, was not to be regarded for that reason only as invalid. contracts thus made, not designed to aid an insurrectionary government, it was held, could not, therefore, without manifest injustice to the parties, be treated as invalid. thorington v. smith, 8 .....

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Dec 03 1900 (FN)

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

Court : US Supreme Court

Decided on : Dec-03-1900

..... the application has that effect. it recites that it is "subject to the charter of such company and the laws of said state," and the contract refers to the application, and declares that it is issued "in consideration of the application for this policy and of the truth of the several ..... within the state, was intended to be and is in fact applicable only to business transacted within that state. it is not doubted that a contract by an insurance company of new york executed elsewhere may, by its terms, incorporate the law of new york, and make its provisions controlling ..... by their legislation properly prescribe terms and conditions of insurance contracts, meant by this legislation to restrict its local companies from going into those states and countries and transacting business in compliance with their statutes if ..... expressed intent, it ought not to be presumed that new york intended by this legislation to affect the right of other states to control insurance contracts made within their limits. can it be that the state of new york, aware of the fact that other states and other countries might ..... and the policy delivered. the premium was paid and the policy delivered in the state of montana. under those circumstances, under the general rule, the contract was a montana contract, and governed by the laws of that state. equitable life assurance society v. clements, 40 u. s. 226 , equitable life assurance society v .....

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