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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1900 Page 3 of about 69 results (0.095 seconds)

Apr 30 1900 (FN)

Daggs Vs. Phoenix National Bank

Court : US Supreme Court

Decided on : Apr-30-1900

..... further agreed that from this date, november 1, 1894, a. j. daggs shall pay the costs that shall hereafter accrue in the said case." this contract, standing alone, establishes nothing definite, and appreciating this, the appellants attempt to explain it by a resort to what they allege to be the testimony ..... loan or forbearance of money at seven percent meeting the arguments of counsel upon a supposed difference between loans and discounts, and usurious and nonusurious contracts under the laws of the state in the transactions of natural persons, the learned justice who delivered the opinion of the court made some ..... follows:" "the court erred in not giving judgment for plaintiffs in error on their pleas in bar of the recovery of any interest for the reason that the contract with the national bank for ten percent interest is ultra vires. " " * * * *" "the second assignment of error as made by plaintiffs in error, ..... court below, and $500 as costs, and expended work and labor of the reasonable value of $500, and has performed all the conditions of said contract, but that plaintiff (appellant) has failed to perform the conditions on its part to the damage of defendant in the sum $10,122.55. for ..... at the time of the execution of the three promissory notes sued on, the plaintiff (appellee) and the defendant, a. j. daggs, entered into a contract in writing (a copy of which is attached to the answer, marked exhibit "b") wherein the plaintiff, as part of the consideration for the said three .....

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Mar 12 1900 (FN)

illinois Central R. Co. Vs. Chicago

Court : US Supreme Court

Decided on : Mar-12-1900

..... with. 1. the ultimate jurisdiction of this court is invoked by the allegation of the bill that the above provision of the railway's charter was and is an irrevocable contract between the state of illinois and the complainant, conferring upon it "a vested and continuing right to use the shallow waters and submerged lands of lake michigan for such purposes ..... its right to use the submerged land of lake michigan for the purpose of constructing and using engine houses, shops, and other buildings thereon, etc., impairs the obligation of the contract created by said charter," etc. the answer of the city avers that under an act of the general assembly of the state approved april 10, 1872, it was empowered "to ..... . as was said in the case just decided of walsh v. columbus, hocking valley & athens railroad co., ante, 176 u. s. 469 , and the prior cases therein cited, whenever a contract created by a state statute is alleged to have been impaired by subsequent legislation, it is for this court to determine the proper construction of such statute, as well as .....

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Feb 26 1900 (FN)

Baltimore and Ohio S.W. Ry. Co. Vs. Voigt

Court : US Supreme Court

Decided on : Feb-26-1900

..... could not have been compelled to grant." by the supreme court of indiana, in pittsburgh, cincinnati &c.; railway v. mahoney, 148 ind.196, it was held that railway companies may contract as private carriers in transporting express matter for express companies, and in such capacity may require exemption from liability for negligence as a condition to the obligation to carry, and ..... just, otherwise they will be regarded as extorted from the customers by duress of circumstances, and therefore not binding. 2. that all attempts of carriers, by general notices or special contract, to escape from liability for losses to shippers, or injuries to passengers, resulting from want of care or faithfulness cannot be regarded as reasonable and just, but as contrary to ..... put off the essential duties of his employment. and to assert that he may do so seems almost a contradiction in terms." the second fundamental proposition relied on to nullify contracts to relieve common carriers from liability for losses or injuries caused by their negligence is based on the position of advantage which is possessed by companies exercising the business of ..... and circumstances heretofore stated, by page 176 u. s. 505 invoking that principle of public policy which has been held to forbid a common carrier of passengers for hire to contract against responsibility for negligence. the circuit judge thought the case could not be distinguished from the case of railroad co. v. lockwood, 17 wall. 357, where a recovery was .....

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Feb 26 1900 (FN)

Matteson Vs. Dent

Court : US Supreme Court

Decided on : Feb-26-1900

..... the association shall be impaired." " * * * *" "sec. 5151. the shareholders of every national banking association shall be held individually responsible, equally and ratably, and not one for another, for all contracts, debts, and engagements of such association, to the extent of the amount of their stock therein at the par value thereof, in addition to the amount invested in such shares ..... taken place at the time of the allotment. the contention is next made that, conceding there was a debt of the estate and granting that the statute embraced a preexisting contract obligation which had not ripened into an actual demand because insolvency had not taken place, nevertheless the court below erred because, by the effect of the allotment, the estate ..... brought, after return of execution unsatisfied, to recover the same debt from the personal representatives of the estate of one kirkpatrick, on the ground that, when such indebtedness was contracted, the estate of kirkpatrick was a stockholder, and as such personally liable under the charter of the company. kirkpatrick had died intestate in 1832, and the stock stood on ..... statute to indicate that the obligation arising upon these undertakings and promises should not have the same force and effect, and be as binding in all respects, as any other contracts of the individual stockholder. we hold, therefore, that the obligation of the stockholder survives as against his personal representatives. flash v. conn, 109 u. s. 371 ; hobart v. johnson .....

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May 28 1900 (FN)

Banholzer Vs. New York Life Ins. Co.

Court : US Supreme Court

Decided on : May-28-1900

..... shall declare forfeited or lapsed any policy hereafter issued or renewed, and not issued upon the payment of monthly or weekly premiums, or unless the same is a term insurance contract for one year or less, nor shall any such policy be forfeited or lapsed by reason of nonpayment when due of any premium, interest, or installment or any portion thereof ..... for me to enter into any discussion of the reasons for my opinion. the parties mutually agreed page 178 u. s. 407 that this should be deemed a new york contract and construed according to the laws of that state. the decisions of the highest court of that state as to the construction of such a ..... contract and of the statutes of new york must therefore be accepted as conclusive upon the parties. in conway v. phoenix insurance co., 140 n.y. 79, upon a state of .....

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May 21 1900 (FN)

Western Union Tel. Co. Vs. Ann Arbor R. Co.

Court : US Supreme Court

Decided on : May-21-1900

..... in legal effect a bill for the specific performance of the contract set up in the pleadings, and the prayer was for injunction against interference with complainant's alleged rights, and that defendant allow complainant to reconnect its said wires, and use ..... case within that category. these paragraphs were to the effect that complainant had accepted the provisions of the act of congress of july 24, 1866, and that, independent of the contract, it had "a right to maintain its telegraph line on what was formerly said frankfort & southeastern railroad, under the provisions of the statute of the united states." the bill was ..... the united states and the amendments thereto." the cause having been removed, defendant filed an answer and cross-bill, setting up the existence of a mortgage prior to the alleged contract and its foreclosure and other matters. certain facts were stipulated, and the cause submitted. the circuit court decreed a dismissal of the bill. from this decree an appeal was taken ..... railroad. and further, that the ann arbor railroad company purchased the road with full knowledge of complainant's rights, but that it insisted that it was not bound by the contract made with the frankfort & southeastern railroad company, and had given complainant written notice to that effect. the sixth and seventh paragraphs of the bill were as follows: "6th. your orator .....

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May 14 1900 (FN)

Smith Vs. Reeves

Court : US Supreme Court

Decided on : May-14-1900

..... u. s. 52 ; in re ayers, 123 u. s. 443 . those were cases arising under the constitution of the united states upon laws complained of as impairing the obligation of contracts, one of which was the constitutional amendment of louisiana complained of in the present case. relief was sought against state officers who professed to act in obedience to those laws ..... they had thought proper to do so, or prescribe new conditions upon which the suits might still be allowed to proceed. in exercising this latter power the state violated no contract with the parties; it merely regulated the proceedings in its own courts, and limited the jurisdiction it had before conferred in suits when the state consented to be a party ..... be modified afterwards if, upon experience, it was found that further provisions were necessary to protect the public interest, and no such contract can be implied from the law, nor can this court inquire whether the law operated hardly or unjustly upon the parties whose suits were then pending. that was a question ..... . the objection is that it was passed after the suit was instituted, and contained regulations with which the plaintiff could not conveniently comply. but the prior law was not a contract. it was an ordinary act of legislation, prescribing the conditions upon which the state consented to waive the privilege of sovereignty. it contained no stipulation that these regulations should not .....

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Nov 26 1900 (FN)

Crossman Vs. Burrill

Court : US Supreme Court

Decided on : Nov-26-1900

..... upon the discharge of the cargo;" "a direct and immediate vis major;" an "unusual and extraordinary interruption that could not have been anticipated when the contract was made;" "a sudden and unforeseen interruption or prevention of the act itself of loading or discharging, not occurring through the connivance or fault page 179 ..... the cargo, unless it was occasioned by some fault of the vessel or some unusual and extraordinary interruption that could not have been anticipated when the contract was made." the case of nitrate of soda (1894), 61 f. 849, in the circuit court of appeals for the ninth circuit, upon ..... clifford, in the circuit court of the united states for the district of massachusetts, the following passage: "the settled rule is, where the contract of affreightment expressly stipulates that a given number of days shall be allowed for the discharge of the cargo, such a limitation is an express ..... from any specified liability, without providing for any terms of compensation to the shipowner; but such a contract would not be one we should expect to see in a commercial transaction. the cesser clauses, as they generally come before the courts, are ..... that the shipowner, without any mercantile reason, would give up by the cesser clause rights which he had stipulated for in another part of the contract." lord justice bowen said: "there is no doubt that the parties may, if they choose, so frame the clause as to emancipate the charterer .....

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Mar 08 1900 (FN)

Aldrich Vs. Chemical National Bank

Court : US Supreme Court

Decided on : Mar-08-1900

..... which it was said: "the right to a recovery of the property transferred under an illegal contract is founded upon the implied promise to return or make compensation for it." in dittey v. dominion national bank of bristol, 75 f. 769, 771, which was ..... to make compensation for, property or money which it has no right to retain. to maintain such an action is not to affirm, but to disaffirm, the unlawful contract." this principle was recognized and enforced in pullman's car company v. central transportation company, 171 u. s. 138 , 171 u. s. 151 , in ..... but because the corporation, by the law of its creating, is incapable of making it, the courts, while refusing to maintain any action upon the unlawful contract, have always striven to do justice between the parties, so far as could be done consistently with adherence to law, by permitting property or money, parted ..... plaintiff for the difference between the price it paid for them and their value at the time it refused, upon plaintiff's demand, to comply with the contract made by it for their purchase and held onto the bonds." in central transportation company v. pullman's car company, 139 u. s. 24 , 139 ..... might be cited, the rules of law applicable to individuals were applied to the united states. here, the basis of the liability insisted upon is an implied contract by which they might well become bound in virtue of their corporate character. their sovereignty is in no wise involved. . . . surely it ought to .....

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Feb 26 1900 (FN)

Adirondack Ry. Co. Vs. New York State

Court : US Supreme Court

Decided on : Feb-26-1900

..... general rule on that subject. in any view, we think that the proceedings on the part of the state impaired the obligation of no contract between it and the railway company. counsel concedes that the sovereign power of eminent domain is inherent in government as such, requiring no constitutional recognition ..... of to take away property already acquired, or to deprive a corporation page 176 u. s. 345 of the fruits already reduced to possession of contracts lawfully made. but the capacity to acquire land by condemnation for the construction of a railroad attends the franchise to be a railroad corporation, and ..... said company acquired title to said railroad property and franchises -- namely, beyond north creek, in the county of warren. counsel argue that the contract with the state was that plaintiff in error should avail itself of the grant and complete the road within ten years from the filing of its ..... court, and thinks that the proceedings on the part of the state which are complained of in this case impaired the obligation of no contract between it and the railway company. the necessity or expediency of appropriating particular property for public use is not a matter of judicial cognizance, ..... power to amend or repeal a statute cannot be availed of to take away property already acquired or to deprive a corporation of fruits of contracts lawfully made already reduced to possession, the capacity to acquire land by condemnation for the construction of a railroad attends the franchise to be a .....

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