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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1901 Page 1 of about 48 results (0.054 seconds)

Jan 07 1901 (FN)

Hewitt Vs. Schultz

Court : US Supreme Court

Decided on : Jan-07-1901

..... the provisions" and ending "to said company" applies solely to lands within the place limits, and has no reference or application to lands within the indemnity limits. by its connection, therefore, the natural application of this clause would be to lands within like limits. this natural application is enforced by the words ..... , and, if such construction be acted upon for a number of years, will look with disfavor upon any sudden change, whereby parties who have contracted with the government upon the faith of such construction may be prejudiced." these observations apply to the case now before us, and lead to the ..... of the interior, and in the exercise of his discretion, so that, were the withdrawal to be revoked, no law would be violated, no contract broken. the company would be placed exactly in the position which the law gave it, and deprived of no rights acquired thereunder. it would yet ..... actual possession since april 10, 1882, and had made valuable improvements on the land -- the defendant emil schultz (his codefendant being his wife) made a contract with the railroad company by which the latter agreed, in consideration of $1,200, to sell and convey to the former the land in dispute. ..... , and, if such construction be acted upon for a number of years, will look with disfavor upon any sudden change whereby parties who have contracted with the government upon the faith of such construction may be prejudiced. if the question whether there has been deficiency in the grant of lands .....

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May 27 1901 (FN)

Russell Vs. United States

Court : US Supreme Court

Decided on : May-27-1901

..... the petition concluded as follows: "by reason of the foregoing facts, the claimants say:" "that neither the said contract, entered into by the united states and the krag-jorgensen gevaerkompagni (exhibit l) nor the said bond of indemnity delivered by the krag-jorgensen gevaerkompagni to the united states, did provide the claimants with a remedy against the said ..... necessarily conclusive. as he himself said, "questions of infringement belong to the courts." and because such questions are for the courts, the ordnance office, no doubt, took indemnity from the krag-jorgensen company not in concession of petitioners' claim, but for protection against it if protection should be necessary, and whether it would be or not the ..... and of the patent specifications. it is considered best that you should forward these communications direct; they are therefore returned to you for the purpose." "the address of the contracting party is 'the krag-jorgensen geivehr-kompagnie, christiania, norway.' the other papers, enclosures to ordnance office file 3515, containing letter and copies of patent specifications, are filed ..... and of the patent specifications. it is considered best that you should forward these communications direct; they are therefore returned to you for the purpose. the address of the contracting company is 'the krag-jorgensen gewehr kompagnie, christiania, norway.' the other papers, enclosures to ordnance office file 3515, containing letter and copies of patent specifications, are filed .....

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Mar 06 1901 (FN)

Mitchell Vs. First National Bank of Chicago

Court : US Supreme Court

Decided on : Mar-06-1901

..... family, and his property when found shall be first applied to satisfy any such joint liability, and the wife shall in equity be entitled to an indemnity from the property of the husband, for any property of her own that shall have been taken, or for any money that she shall have been ..... that the guaranty in question became effective and was to be deemed to have been made when delivered in illinois, and that its validity as a contract was determinable by the law of that state, and not by the laws of connecticut. the court said: "we are extremely reluctant to differ with ..... such a status, and one of its incidents in this state at the time of mrs. mitchell's marriage was a total disability to contract. so far as contracts of suretyship for their husbands are concerned, the disability of women married before 1877 remains absolute unless both husband and wife have executed for ..... designed to protect her against others. the common law was sufficient to protect her against herself, and prior to 1877, it precluded her from making any contract as surety for her husband. kilbourn v. brown, 56 conn. 149. a statute of that year establishes a different rule for women married after its ..... 1877, the provisions of the two preceding sections shall apply whenever any husband and wife have entered, or shall hereafter enter, during marriage, into a written contract with each other for the mutual abandonment of all rights of either in the property of the other, under prior statutes, or at common law, and .....

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Nov 11 1901 (FN)

Mitchell Vs. Potomac Ins. Co.

Court : US Supreme Court

Decided on : Nov-11-1901

..... privilege granted to keep not more [than] five (5) barrels of gasoline or other oil or vapor." the policy also contained the following printed indemnity clause: "against all such immediate loss or damage as may occur by fire to the property specified, not exceeding the sum insured, nor the interest ..... what the insurance is and its limits are stated in the printed portions. taking all the language together, the written and the printed, the contract is plain and unambiguous, without inconsistency or contradiction between the written and printed portions thereof, and therefore there is no room for the application ..... occur by fire to the property specified, not exceeding the sum insured," and there is the further condition, "it being covenanted as conditions of this contract that this company . . . shall not be liable . . . for loss caused by lightning or explosions of any kind unless fire ensues, and ..... property, except as hereinafter provided. . . ." in finer print are the following conditions and exceptions, among others: "it being covenanted as conditions of this contract that this company . . . shall not be liable . . . for loss caused by lightning or explosions of any kind unless fire ensues, and then ..... more than five barrels of gasoline or other oil or vapor. the policy also contained the following provisions: "it being covenanted as conditions of this contract that this company . . . shall not be liable . . . for loss caused by lightning or explosions of any kind unless fire ensues, .....

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Apr 16 1901 (FN)

Scott Vs. Deweese

Court : US Supreme Court

Decided on : Apr-16-1901

..... government." the doctrine of the matthews case has been often reaffirmed. whitney v. wyman, 101 u. s. 392 , 101 u. s. 397 ; jones v. new york guaranty & indemnity co., 101 u. s. 622 , 101 u. s. 628 ; fritts v. palmer, 132 u. s. 282 , 132 u. s. 291 ; logan county nat. bank ..... and that this object would be defeated in a great many cases if the comptroller were obliged to inquire into the validity of all the contracts by which the registered shareholders acquired their respective shares. the force of this objection is not apparent. it is doubtless within the scope of ..... it is based upon a statute designed not only for their protection, but to give confidence to all dealing with national banks in respect of their contracts, debts, and engagements, as well as to stockholders generally. if the subscriber became a shareholder in consequence of frauds practiced upon him by others ..... he was not a shareholder within the meaning of section 5151 so as to become individually liable, to the extent prescribed by that section, for the contracts, debts, and engagements of the bank. that position is supposed to be justified by section 5142 of the revised statutes, declaring that "any association ..... the revised statutes, "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 page 181 u. s. 208 extent of the amount of their stock therein at the par value .....

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May 27 1901 (FN)

Clews Vs. Jamieson

Court : US Supreme Court

Decided on : May-27-1901

..... 700, and that, in regard to those others, some had been sold originally by schwartz & company to other and different brokers than jamieson & company, will not prevent the contract as to the 700 shares from being enforced by complainants against jamieson & company, although, but for such settlement, there might have been some embarrassment in maintaining a suit page ..... , furnishes no reason for excluding the jurisdiction of equity in this case. it may be somewhat doubtful whether an action against these defendants could be maintained at law, the contract not being originally between schwartz & company and jamieson & company, but only becoming so by way of substitution under the rules of the clearinghouse, and the relief sought being ..... other words, the settlements by substitutions or otherwise through the clearinghouse were merely settlements between the members of the stock exchange, and were not settlements or cancellations of the contracts between the principals whom the brokers represented and the brokers themselves except where the same broker had both purchased and sold for the same client." it was also admitted ..... other defendants composing the firm of jamieson & company, brokers belonging to the exchange, alleged to have been sustained by the complainants by a violation by those defendants of their contract to purchase and pay for certain stock sold them by the complainants. still other defendants composed the firm of schwartz & company, the brokers who effected the sales of .....

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Mar 25 1901 (FN)

Freeport Water Co. Vs. Freeport City

Court : US Supreme Court

Decided on : Mar-25-1901

..... that it was not enacted under the authority to regulate private corporations, but upon the supposed existence in the legislature of a common law right to fix rates, any contract to the contrary notwithstanding. this will become manifest when it is observed that the statute in question authorized municipalities to fix the rates for the supply of water, whether ..... to fix the rates for such time, the reservation found in the general private incorporation law operated to confer upon the legislature the right to change the rates, because the contract, although originally made by the city with an individual, had been assigned to the defendant, a private corporation organized under the general private incorporation law. these propositions practically embrace ..... any way without the consent of both parties thereto or their successors or assigns. on june 27, 1872, within the time limited, shelton filed his written acceptance of the contract. in the following august, he assigned all his rights to the plaintiff in error, a corporation organized under the provisions of the general statute relating to private corporations, approved ..... great emphasis, quoting those cases. the court, however, left it disputable, placing the decision on other grounds. there was at least admonition in those cases to persons entering into contracts with municipalities. if there was anything more, we need not decide, as there are other grounds for judgment. the supreme court did decide in the danville case (1) that, .....

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Nov 18 1901 (FN)

Gulf and Ship Island R. Co. Vs. Hewes

Court : US Supreme Court

Decided on : Nov-18-1901

..... its terms or necessary operation, it gives effect to some provision of a state constitution or law which, as thus construed, impairs the obligation of a precedent contract. in railroad co. v. rock, 4 wall. 177, 71 u. s. 181 , this court pronounced it a "fundamental error that this court can, ..... certifies that the validity of the state legislation subsequent to the charter of 1882 was drawn in question upon the ground of its impairment of the contract contained in such charter, and that the decision was in favor of the validity of such legislation. while such a certificate is insufficient to ..... by averring that the charter and the exemption from taxation contained in the eighteenth section constituted a contract between the plaintiff corporation and the state of mississippi that the state would not demand any taxes upon its capital, property, or stock for the ..... brown delivered the opinion of the court. 1. the motion to dismiss must be overruled. counsel for the railroad company appears to have invoked the contract clause of the constitution upon the original argument; but whether this be so or not, the bill was subsequently amended under leave of the court ..... one which turns upon the construction of a state law, and is not reviewable here, although if the exemption were irrepealable and thus constituted a contract, it would be the duty of this court to decide for itself whether the subsequent act did repeal it or impair its obligation. a .....

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May 13 1901 (FN)

Wells Vs. Savannah

Court : US Supreme Court

Decided on : May-13-1901

..... the purchase money whenever they please, and until that time, an annual ground rent due by quarterly installments, the amount of which is fixed by contract and is the equivalent of interest at a moderate rate per annum on the unpaid purchase money. in all essential respects, so far as liability for ..... anything which may happen to the premises. only his security, not his property, will be affected thereby. it is to be assumed that the whole contract between the parties will be observed, not broken, and their true relation to the property is to be determined on that assumption. possession of real estate ..... is ad valorem, values are the ultimate objects of taxation, and they to whom the values belong should pay the taxes. land sold or by a contract of bargain and sale demised forever subject to a perpetual rent is taxable as corporeal property, and, in private hands, the rent also is taxable ..... in common by the holders of other lots in the city, necessarily including that of municipal taxation." "plaintiffs in error contend, however, that the contract they insist upon is evidenced sufficiently by the conduct of the municipal officers at the time the sales by the city took place. it was shown ..... upon other landowners in the city. the deed was signed by both parties. here, then, is a specific written agreement made between the parties to the contract relating to the sale of property by the city, whereby it is expressly declared that the property shall be held by the purchaser (and, of course .....

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Apr 15 1901 (FN)

Fairbank Vs. United States

Court : US Supreme Court

Decided on : Apr-15-1901

..... hundred dollars, a stamp tax or duty of one fifth of one percent upon the amount or value thereof, the payment whereof to be included in the bill of lading, contract, or agreement, or obligation page 181 u. s. 317 for the transportation or conveyance thereof, as in this section provided, having attached thereto or stamped thereon a stamp or stamps ..... , or other material upon which may be written, printed, engraved, or lithographed, or other means of designation, of either of the following-described instruments, to-wit: any bill of lading, contract, agreement, or obligation for the transportation or conveyance from any point or place in this state to any point or place without the limits of this state, of any sum ..... was placed in his hands. the merchant could not send an agent with every vessel to inform the consignee of the cargo what articles he had shipped, and prove the contract of the master if he failed to deliver them in safety. a bill of lading, therefore, or some equivalent instrument of writing, is invariably associated with every cargo of merchandise .....

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