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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1900 Page 2 of about 69 results (0.062 seconds)

Dec 03 1900 (FN)

Stearns Vs. Minnesota

Court : US Supreme Court

Decided on : Dec-03-1900

..... receipt tax was an exemption, it was void because repugnant to the constitution of the state. if so void, it did not create a contract, within the contract clause of the constitution of the united states, for rights protected from impairment could not flow from an act which had no legal existence. ..... accepted the trust created by the act of congress. acceptance by a trustee of the obligations created by the donor of a trust completes a contract. such contracts, as we have seen, have been frequent in the history of the nation, and their page 179 u. s. 250 validity has not ..... leaning is towards the interpretation placed by the state court, such leaning cannot relieve us from the duty of an independent judgment upon the question of contract or no contract. in douglas v. kentucky, 168 u. s. 488 , this question was considered at length, and, by mr. justice harlan, after a ..... was such an amendment within the contemplation of the constitutional provision of 1871? it may seem a not unreasonable modification to exempt from the contract such property as is not used for railroad purposes, but would not the legislation assume a different aspect if it had subjected to ordinary taxation ..... exempt the railroad, its appurtenances, and other property, from all taxation, and from all assessments, both general and local. this modification of the original contract was prohibited by no provision of the constitution, and the enactment of march 4, 1864, in this regard has not only been uniformly recognized and .....

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May 14 1900 (FN)

Roehm Vs. Horst

Court : US Supreme Court

Decided on : May-14-1900

..... have been recovered in advance for the breach of the agreement to deliver during the two remaining years. but, treating the four outstanding contracts as separate contracts, why is it not equally reasonable that an unqualified and positive refusal to perform them constitutes such a breach that damages could be ..... whether the defendant would then receive it. the defendant might have chosen to take it, and would have been guilty of no breach of contract. his contract was not broken by his previous declaration that he would not accept." "and though some of the judges in the subsequent case of ..... .), lord campbell, after pointing out that at common law there were numerous cases in which an anticipatory act, such as an act rendering the contract impossible of performance, or disabling the party from performing it, would constitute a breach giving an immediate right of action, laid it down that ..... , and declined to avail himself of plaintiff's services. thereupon, and on may 22d, plaintiff brought an action at law for breach of contract in that defendant, before the said first of june, though plaintiff was always ready and willing to perform, refused to engage plaintiff or perform ..... roehm" "on october 9, 1896, horst brothers advised roehm of the shipment of twenty bales of hops for the october delivery, as called for by the contract, which roehm, by telegraph, refused to receive, and as supplementary thereto sent the following letter, dated october 24, 1896:" " gentlemen: yours of october 9 .....

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Apr 09 1900 (FN)

Minneapolis and St. Louis Ry. Co. Vs. Gardner

Court : US Supreme Court

Decided on : Apr-09-1900

..... extended, either directly or by means of intervening lines. such acquisition shall be made upon such terms as shall be agreed upon by a contract in writing between the respective corporations. but the same shall not be consummated until first approved by two-thirds in amount of the stockholders of ..... new corporation created by the consolidation. if it is identical, it is argued, with the original company, its stockholders are exempt because its charter contract is older than the constitution of the state. if it is a new company, its stockholders are nevertheless exempt because it is the settled law ..... . page 177 u. s. 341 the territorial act of 1853 by which the minnesota western railroad was incorporated is claimed primarily to be the contract which is impaired. it gave immunity to the stockholders of that company from liability for the corporate debts, or rather did not impose such liability ..... was not in violation of section 10, article i, of the constitution of the united states, and did not impair the obligations of the contract between the state and plaintiffs in error, embodied in the act of 1881. also that the consolidation of the several railroad corporations pursuant to the ..... 10, article 1, of the constitution of the united states in that the provisions of section 3, article 10, impaired the obligation of the charter contract contained in chapter 66, laws of 1853, territory of minnesota. also in holding that the constitutional provision of the state, if applied to defendant in .....

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Mar 19 1900 (FN)

Waters-pierce Oil Co. Vs. Texas

Court : US Supreme Court

Decided on : Mar-19-1900

..... think proper to impose. they may exclude the foreign corporation entirely, they may restrict its business to particular localities, or they may exact such security for the performance of its contracts with their citizens as in their judgment will best promote the public interest. the whole matter rests in their discretion." and it was also decided that a corporation did not ..... error express in various ways the alleged discriminations of the statutes between persons and classes of persons and the alleged deprivation of many persons of the right and liberty of contract, while permitting such right and liberty to others; the denial to foreign corporations of the right to do any business in the state, interstate or otherwise; the assumption by the ..... corporation dealing in oils in competition with the defendant. the names of some of the persons and merchants are given. that about the year 1890, the defendant company entered into contracts with certain jobbers and merchants of the city of brownsville, whereby they respectively agreed to buy all the oil needed in their respective businesses of the defendant company for various ..... others through its agents in this state, in consideration of a small rebate on the oil purchased, or for other considerations unknown to the plaintiff, whereby the said merchants have contracted not to buy any oil from any other person, or corporation, but will "deal with and buy and sell oils obtained from said defendant company exclusively," and in some instances .....

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Dec 17 1900 (FN)

Huntting Elevator Vs. Bosworth

Court : US Supreme Court

Decided on : Dec-17-1900

..... it will be observed that the several provisions of the contract clearly subject the peoria company to all the risk resulting from those acts which that company was obliged to perform as a common carrier before it could effect delivery to ..... [the terminal association] to be governed in making its collections [for cars moved] by instruction shown on billing to it as to who should pay." from this analysis of the contract, it results that the obligations which it imposed were entirely in accord with the conception naturally suggested by the general considerations to which we adverted before approaching the text. for ..... the peoria company "facilities," not to cause the terminal association to become responsible for the peoria company, whilst the latter was making use of the facilities given to it. the contract also expresses the purpose thus declared in the preamble -- that is, that the facilities are to be furnished to the peoria company. the agreement is not that the terminal ..... be entered into are rightfully to be borne in mind as means of interpretation if ambiguity exists. we hence recall the facts to which we have previously referred. when the contract was executed, although the terminal association possessed extensive terminal facilities at east st. louis, the peoria company had no means whatever for handling the freight business coming in or going .....

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Apr 16 1900 (FN)

American Express Co. Vs. Michigan

Court : US Supreme Court

Decided on : Apr-16-1900

..... public policy as to particular corporations, but to enable such corporations to possess the power to shift the tax by increasing its charges, even although contracts or restrictions previously imposed might otherwise prevent. the right to shift by an increase of rates within what is reasonable can only be held to ..... on gross receipts substituted therefor, the express companies were authorized to add the result of the gross receipt tax to their charges, any law or contract to the contrary. but the implication deduced from the authority conferred by the statute of 1862 to shift the burden of the tax on gross receipts ..... about that result. it cannot be doubted that to adopt by implication the view pressed upon us would be to virtually destroy all freedom of contract, and in its final analyses would deny the existence of all rights of property. and this becomes more especially demonstrable when the nature of a ..... quoted which, by the widest conjecture, can be construed as expressly forbidding the person upon which the taxes are cast from shifting the same by contract or by any other lawful means. an inference to the contrary arises from the fact that the duty is imposed in the alternative on "any ..... below, involved a right, privilege, or immunity under the act of congress, which was specially set up and claimed by the express company, to contract with the shippers for the payment of the tax provided by the act of congress, or to increase its rate, within the limit of reasonableness, to .....

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Feb 20 1900 (FN)

Walsh Vs. Columbus, Hocking Valley and Athens R. Co.

Court : US Supreme Court

Decided on : Feb-20-1900

..... but of everyone who incidentally profited by their preservation, it is impossible to escape the conclusion that their subsequent abandonment impaired the obligation of such contract. but we think the supreme court of ohio was clearly right in its interpretation of the statute. the principal object of the act was ..... state bank of ohio v. knoop, 16 how. 369; bridge proprietors v. hoboken co., 1 wall. 116. this rule also applies to a contract alleged to be raised by a state statute, although the general principle is undoubted that the construction put by state courts upon their own statutes will ..... forever remain public highways for the use of the government of the united states," and the acceptance thereof by the general assembly, constitute a contract by the state for the perpetual maintenance of such canals as public highways, at least until they were given up by consent of the united ..... the abandonment of the canal, conflicts with that clause of the constitution which provides that "no state shall pass any law impairing the obligation of contracts," and also with several provisions of the constitution of ohio not necessary to be here enumerated. a general demurrer was filed to this petition, ..... of the same to a railroad company. held that there was reason to claim that the act of 1894 impaired the obligation of the previous contract between the state and the federal government, and that a federal question was thereby raised. held further that, in accepting the congressional land grant .....

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Dec 21 1900 (FN)

Workman Vs. New York City

Court : US Supreme Court

Decided on : Dec-21-1900

..... were selected and paid by the city; all the expenses of the department of every kind and nature were to be borne by the city, which was bound by all contracts made for such purpose; all the property of the department, including the fire boats, belonged to the city, and the page 179 u. s. 565 city was liable in case ..... vessel in her home port was immaterial, "and that the admiralty courts of the united states, enforcing the lien because it is maritime in its nature, arising upon a maritime contract, must give it the rank to which it is entitled by the principles of the maritime and admiralty law." true, it is well settled that, in certain cases where a ..... of those who had furnished necessary materials, repairs, and supplies for such vessel in her home port, but that the district courts of the united states, having jurisdiction of the contract as a maritime one, might enforce liens given for its security, even when created by the state law. in the course of the opinion, speaking through mr. justice bradley, the ..... each other or with foreign states." in liverpool steam co. v. phenix insurance co. (1889), 129 u. s. 397 , 129 u. s. 443 , a maritime contract executed in new york was held to be an american contract, and the local law of new york was declared not to govern in its construction. in butler v. boston steamship company (1889), 130 u. s .....

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Dec 03 1900 (FN)

Abraham Vs. Casey

Court : US Supreme Court

Decided on : Dec-03-1900

..... wife of cavailhez, and that all the parties, cavailhez, earnestine diaz, remick, and the daughter marcelline, had conspired for the purpose of concocting the sale to remick and the marriage contract as an efficacious means of depriving complainant of her share in the community as the lawful wife of cavailhez. the sole defendant to the bill was marcelline cavailhez, the widow ..... intended wife as her paraphernal property. both the act of sale to remick from cavailhez and the marriage contract were duly recorded. earnestine diaz, the reputed wife of cavailhez, died sometime before 1882. cavailhez died in 1882, and remick, the son-in-law, died shortly afterwards in the same ..... proposed marriage. jean b. cavailhez and his wife, earnestine diaz, became parties to the contract, and gave to their daughter marcelline, as her separate property, the note for $7,000 which had been furnished by remick, who became responsible for the amount thereof to his ..... was passed (the 19th of august, 1869), in view of a marriage contemplated to take place between clarke h. remick and marcelline cavailhez, a marriage page 179 u. s. 211 contract was entered into between them, determining, as allowed by the laws of louisiana, the rules which should govern the property relations of the prospective spouses during the existence of the .....

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May 28 1900 (FN)

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

Court : US Supreme Court

Decided on : May-28-1900

..... the insured and the company abandon the contract, but also the beneficiaries neglected and refused to do that which was essential to keep the policy in life. the allegation in the answer does not disclose a mere omission ..... the company, we should be compelled to enter into an examination of that question; but it is alleged, not only that the insured and the company agreed to abandon the contract, but also that the beneficiary, his wife, and the plaintiffs, their children, 'failed, neglected, and refused' to pay the premium. so we have a case in which, not only did ..... , and ever since, relying upon the said representations and conduct on the part of the said george dana hill, was thereby induced to, and did, declare the said policy and contract of insurance forfeited and abandoned, and, in good faith, relying upon said conduct and representations on the part of said george dana hill, this defendant was induced to, and did ..... , and diring the lifetime of the said george dana hill mentioned in the complaint, it was mutually agreed between the defendant and the said george dana hill, that the said contract of insurance should be waived, abandoned, and rescinded, and the said george dana hill and the defendant then, by mutual consent, waived. abandoned, and rescinded the same accordingly, and all .....

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