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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1900 Page 5 of about 69 results (0.061 seconds)

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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Apr 09 1900 (FN)

Hyde Vs. Bishop Iron Co.

Court : US Supreme Court

Decided on : Apr-09-1900

..... within the letter or spirit of the statute, for there was enough in the testimony to justify the conclusion of the department that it was a contract to divide the land when obtained, and it is not the province of the courts to review such finding of fact. these are the only questions ..... sustained and his title confirmed as to that part of the land in respect to which he had made no contract. such a construction would enable an applicant, without any risk, to speculate on the chances of escaping detection in his effort to violate the statute ..... who has made a single application to enter a tract of land to ignore its unity after it has been proved that he has made a contract in defiance of the statute in reference to half the land, and have it divided into two separate and independent applications, and then his application ..... as a whole. the revised statutes, sec. 2262, require a preemption applicant to make affidavit "that he has not directly or indirectly made any agreement or contract, in any way or manner, with any person whatsoever, by which the title which he might acquire from the government of the united states should inure ..... transaction about it, but i don't know white's." that no further or other evidence was taken on either of said hearings relative to the said contract with the said white, and that, by agreement, this testimony offered in the mcdonald case was to be considered in determining the validity of both locations, .....

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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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Nov 12 1900 (FN)

Scranton Vs. Wheeler

Court : US Supreme Court

Decided on : Nov-12-1900

..... gray 35; shaw, c.j. "the term 'property,' as applied to lands, comprehends every species of title, inchoate or complete. it is supposed to embrace those rights which lie in contract, those which are executory as well as those which are executed." soulard v. united states, 4 pet. 511; marshall, c.j. private property is that which is one's own .....

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May 28 1900 (FN)

Hawley Vs. Diller

Court : US Supreme Court

Decided on : May-28-1900

..... to the subsequent action of the land department. myers v. croft, 13 wall. 291. again, the department must deal directly with its own vendees, with the persons with whom it contracts. it cannot undertake to follow the transfers of the grantees and to settle questions that may arise upon such transfers, but must leave such matter for determination in the courts ..... the same on speculation, but in good faith to appropriate it to his own exclusive use and benefit, and that he had not, directly or indirectly, made any agreement or contract with any person or persons by which the title he might acquire from the united states should inure in whole or in part to the benefit of any person except ..... the same on speculation, but in good faith to appropriate it to his own exclusive use and benefit, and that he has not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whatsoever, by which the title which he might acquire from the government of the united states should inure, in whole ..... the same on speculation, but in good faith to appropriate it to his own exclusive use and benefit, and that he has not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whatsoever, by which the title which he might acquire from the government of the united states should inure, in whole .....

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May 14 1900 (FN)

Osborne Vs. San Diego Land and Town Co.

Court : US Supreme Court

Decided on : May-14-1900

..... , six percent annual interest upon the company's estimate of the value of such right. the price was first fixed at fifty dollars, afterwards at one hundred dollars, and the contract in addition providing for the sale of the water right contained the following provision: "in consideration of the foregoing stipulations and agreements, the party of the second part agrees and ..... of their property without due process of law, and violate also certain provisions of the constitution of the state of california. it is further contended by appellants that conceding a contract cannot be made between "water corporations" and their customers for a particular rate which will preclude regulation by the state, that, until such regulation the parties -- company and consumers -- may ..... described by appellants), "incorporeal interests in the corporeal property of a water system annexed to lands irrigated by that system." being such, the corporation may sell them, the landowner may contract for them -- page 178 u. s. 33 may buy them outright and free himself wholly from annual rates, or may stipulate for a particular rate. in other words, that ..... that such easement should be used only upon the terms and conditions that the owners render net annual receipts and profits upon the value thereof in perpetuity, or to prohibit contracts respecting the annual receipts, or to extinguish and satisfy the right of the company to such net annual receipts, the same was unconstitutional and void, and in conflict with .....

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Apr 16 1900 (FN)

Adams Vs. Cowen

Court : US Supreme Court

Decided on : Apr-16-1900

..... and direction. if they chose to act upon their own interpretation of its meaning, they should have so acted, and not sought to conclude any of the legatees by a contract page 177 u. s. 484 binding him to accept their interpretation. as shown by papers introduced in evidence signed by william means, they proceeded with more than promptness and with .....

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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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