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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1902 Page 1 of about 74 results (0.083 seconds)

Jan 06 1902 (FN)

Guarantee Co. Vs. Mechanics Bank

Court : US Supreme Court

Decided on : Jan-06-1902

..... that the bank was responsible for the representations of its cashier in the one instance and its president in the other in procuring these contracts of indemnity. the representations made in the declaration on which the cashier's bond was issued were clearly misrepresentations. the teller's bond required notification ..... just prior to schardt's death, he assigned to the bank some property of slight value and about eighty thousand dollars of life insurance as indemnity. from these collaterals the bank realized the sum of $46,448.86, and for the remainder of the default the company was held ..... terms of the instrument executed for the protection of the bank." but this rule cannot be availed of to refine away terms of a contract expressed with sufficient clearness to convey the plain meaning of the parties, and embodying requirements compliance with which is made the condition to liability ..... actually defrauded by the said employee, and that he suffers absolute and ultimate loss thereby to the full amount claimed hereunder, and that the contract created as aforesaid hath been fully performed and observed on the part of the said employer." "provided always, that this bond and guarantee ..... the employer has delivered to the company a certain statement, and it being agreed and understood that such statement constitutes an essential part of the contract hereinafter expressed;" "now, therefore, in consideration of the sum of one hundred dollars lawful money of the united states of america, to the .....

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Jan 13 1902 (FN)

Sun Printing and Publishing Ass'n Vs. Moore

Court : US Supreme Court

Decided on : Jan-13-1902

..... certain rules have been laid down as judicial aids." in irving v. manning, (1847) 1 h.l.cas. 287, it was recognized that a policy of assurance was a contract of indemnity, but it was declared that in a valued policy the agreed value was conclusive, and each party must be held to have conclusively admitted that the sum fixed by agreement ..... respecting the amount of damage. the last two of what were termed "artificial rules" on the subject of liquidated damages and penalties, recited in the opinion as being peculiar to contracts of this character, were as follows: "sixth. if, independently of the stipulated damages, the damages would be wholly uncertain and incapable of being ascertained except by conjecture, in such ..... for nonpayment of money, and i think i may say, in modern times, from nothing else." the doctrine of equity, as respects the withholding of or granting relief against a contract because of inadequacy of consideration, illustrates the conservative disposition of equity not to interfere unnecessarily declines to grant relief because of inadequacy of price or any other inequality in the ..... complainant's common law responsibility as bailee exempted him from liability for loss of the consigned goods arising from inevitable accident. a bailee may, however, enlarge his legal responsibility by contract, express or fairly implied, and render himself liable for the loss or destruction of the goods committed to his care-the bailment or compensation to be received therefor being a .....

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Jun 02 1902 (FN)

Hoffeld Vs. United States

Court : US Supreme Court

Decided on : Jun-02-1902

..... limited liability act, who, as above stated, takes the interest of the owner in the vessel and freight, but not his interest in a collateral contract of insurance. the contract evidenced by the statute is really a contract of indemnity, and provides, much like a policy of insurance, that, if the owner lose his property he shall recover what he paid for it. we ..... such interest under the law did not operate as an assignment of his insurance upon the vessel, which was a collateral contract, personal to the insured but not conferring upon him any interest in the property -- in other words, the contract of insurance does not attach itself to the thing insured or go with it when it is transferred. see cases cited ..... see no reason why the general rule above stated, that a contract of insurance does not accompany a transfer of the thing insured, does not apply to this statute. it .....

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Jan 13 1902 (FN)

Southern Pacific R. Co. Bell

Court : US Supreme Court

Decided on : Jan-13-1902

..... by secretary lamar in the case of the atlantic & pacific railroad co., 6 l.d. 84, 87: "as to the lands within the indemnity limits, the contract was based upon two contingencies -- that of losing lands within the granted limits and being able to find sufficient to indemnify the company among the odd ..... company, 6 l.d. 84: "waiving all questions as to whether or not said granting act took from the secretary all authority to withdraw said indemnity limits from settlement, it is manifest that the said act gave no special authority or direction to the executive to withdraw said lands, and when such ..... , 7 l.d. 100. the opinion of secretary lamar indicated that some of his predecessors had assumed that the power to withdraw lands within the indemnity limits could be exercised upon a definite location of the railroad before the loss in the place limits had been ascertained, but treating it as an ..... to the date of the grant, and takes precedence of all titles subsequently acquired, except those specifically named. (2) that to lands within the indemnity limits the company takes no title until a deficiency in the place limits has been ascertained and the company has exercised its right of selection, with ..... main object of which has been to fix the time when the right of the roads to particular lands within both the place limits and the indemnity limits finally attaches as against both prior and subsequent settlers. although, at the last term of this court, the question involved in the case under .....

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Jun 02 1902 (FN)

Farmers' Loan and Trust Co. Vs. Penn Plate Glass Co.

Court : US Supreme Court

Decided on : Jun-02-1902

..... this mortgage, was of no materiality because, by its terms, the mortgagor was under no personal liability, and there was therefore no subject upon which indemnity could rest. if there is no contractual obligation arising from the terms of the mortgage and the taking of the deeds with an "under and subject ..... taken out by the mortgagor to the extent of the mortgagee's interest in the property destroyed, and that such equitable lien exists, although the contract provided that in case of the mortgagor's failure to procure and assign that insurance, the mortgagee might procure it at the mortgagor's expense ..... said funds or property have come into the hands of volunteers, or of others who may be affected with notice. there must therefore exist a contract by the party owning, either in praesenti or in expectancy, the property sought to be charged which directly or by necessary implication expresses the ..... impressed upon funds or property which, belonging to the promisor, were the very funds or property which constituted the subject matter of the contract, or to which the contract or promise related. it is essential, therefore, that the funds or other property which are to be charged with the lien should have ..... for the purpose of covering its own interest in the property, and the language of the policies covered such interest only. there was no contract in the policies covering the interest of the complainant as mortgagee, nor was the insurance, in fact effected for the purpose of carrying out .....

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Jan 06 1902 (FN)

Northern Assur. Co. Vs. Grand View Building Assn.

Court : US Supreme Court

Decided on : Jan-06-1902

..... regret that so great a loss, which the plaintiff and those under whom he claims intended to guard against by insurance, should happen entirely without indemnity. but it is to be remembered that the defendants gave abundant and page 183 u. s. 348 repeated notice to him, in writing ..... privilege or permission affecting the insurance under this policy exist or be claimed by the insured unless so written or attached." such being the contract, and the property insured having been destroyed by fire on june 1, 1898, and the insurance company having denied liability because informed that ..... county ins. co., 66 pa. 26, where justice sharswood said: "undoubtedly, if the company, after notice or knowledge of the overinsurance, treated the contract as subsisting by making and collecting assessments under it from the insured, they could not afterwards set up its forfeiture. it would be an estoppel, ..... illegalizes parol evidence under the conditions in question has been relaxed with respect to contracts for insurance. decisions of the utmost authority, both in england and in this country, propound this doctrine as applicable to policies in the clearest ..... a repeal of the principle, giving a controlling efficacy to written agreements. the memory and understanding of those present at the formation of the contract would be quite as potent as the written instrument." "i have not found that it is anywhere supposed that this general rule which .....

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Jun 02 1902 (FN)

Fidelity and Deposit Co. Vs. Courtney

Court : US Supreme Court

Decided on : Jun-02-1902

..... by the comptroller of the currency on january 22, 1897, four days after the closing of the bank. recovery was sought upon a bond of indemnity for ten thousand dollars and renewals thereof, taking effect respectively on june 1, 1894, june 1, 1895, and june 1, 1896. the condition of ..... stipulation to which we have referred, both as to doing and nondoing, contemplated in the reason of things the execution of the duties which the contract imposed on the bank, either by the governing body of the bank, its board of directors, or by a superior officer, such as the ..... "the said employer has delivered to the company a certain statement, it being agreed and understood that such statement constitutes an essential part of the contract hereinafter expressed." it was a reasonable and proper precaution, in anticipation of a desired renewal, to propound the inquiries which were submitted by the surety ..... immediate. if a notice is given 'with due diligence under the circumstances of the case, and without unnecessary and unreasonable delay,' it will answer the requirements of the contract. chamberlain v. insurance co., 55 n.h. 249, 265, 268; may, ins. (1st ed.) 462; id., (14th ed.) 1089; donahue v. insurance ..... expressions, with less strictness than the literal meaning requires -- as an immediate answer." "it is evident that the word was not used in this contract in its literal sense. it would generally be impossible to give notice in writing of a fact the instant it occurred. it cannot be presumed that .....

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May 19 1902 (FN)

Bement Vs. National Harrow Co.

Court : US Supreme Court

Decided on : May-19-1902

..... there made in territory lying south and west of virginia and west virginia and pennsylvania, and the referee finds that a number of harrows have been sold under that contract. the contracts plainly look to the sale, and they also determine the price of the article sold, throughout the united states, as well as to the manufacture in the ..... was an attempt, whether executory or consummated, to monopolize commerce, even though, in order to dispose of the product, the instrumentality of commerce was necessarily invoked." in these contracts, provision is expressly made not alone for manufacture, but for the sale of the manufactured product throughout the united states, and at prices which are particularly stated, and which the ..... united states letters patent and license rights and privileges under united states letters patent, all of which related to the defendant's float spring tooth harrow business. such contracts constituted an absolute sale of the property and privileges thereby transferred, and the defendant agreed to accept in payment thereof the paid-up capital stock of the national harrow ..... national harrow company.' that corporation was duly legally incorporated, and after its incorporation it received from the said six firms the transfer of their separate united states letters patent, license contracts, and privileges under patents. the defendant's president, arthur o. bement, became and continued a director of this corporation until its dissolution, which followed in a little over .....

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Mar 10 1902 (FN)

Connolly Vs. Union Sewer Pipe Co.

Court : US Supreme Court

Decided on : Mar-10-1902

..... the alleged combination in this case was illegal, it would not follow that they could, at common law, refuse to pay for pipes bought for them under special contracts. the contracts between the plaintiff and the respective defendants were collateral to the agreement between the plaintiff and other corporations, etc., whereby an illegal combination was formed for the sale ..... from such vendors or manufacturers, and for the further express purpose of unlawfully and contrary to the common law making and entering into and carrying out a certain contract or certain contracts by which the several persons or corporations forming the plaintiff, or being the pretended stockholders thereof, to they have agreed to keep the prices of said of, ..... illinois and elsewhere, contrary to the provisions of an act of the legislature of the state of illinois entitled" "an act to define trusts and conspiracies against trade, declaring contracts in violation of this provision void, and making certain acts and violations thereof misdemeanors, and prescribing punishment thereof and matters connected therewith, approved june 20, 1893, in force ..... sale similar to that made by the present plaintiff to the defendants respectively would, in itself, be illegal or void under the principles of the common law. the contracts between the plaintiff and the respective defendants were in every sense collateral to the alleged agreement between the plaintiff and other corporations, firms, or associations whereby an illegal .....

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Jun 02 1902 (FN)

Capital City Light and Fuel Co. Vs. Tallahassee

Court : US Supreme Court

Decided on : Jun-02-1902

..... lighting its streets and buildings from the company at prices not to exceed the amounts named for a certain term of years. there is no contract therefore between the city and the company that the latter shall have the right to furnish the city for lighting its streets and public buildings ..... the foregoing statement of facts, delivered the opinion of the court. the plaintiff in error claims that, under the city ordinance, it has a valid contract for the exclusive use of the streets of the city of tallahassee for the purpose of furnishing both gas and electric light, and that the subsequent ..... , to-wit, until the year 1913. the bill also prayed that the city should be enjoined from making or entering into any contract or from performing any contract with any corporation or firm for furnishing electric lighting and other machinery, and that the city should be enjoined from issuing its bonds ..... with the company as the lawful successor of the tallahassee gas & electric light company and the legal assignee of all the rights, franchises, privileges, and contracts created and conferred on that company by the ordinance of the city of tallahassee. the legislature, on june 5, 1897, passed an act, chapter 4600 ..... tallahassee has never been under obligation to take electric lighting from the capital city light and fuel company. there has been no impairment of any contract between the city and the plaintiff in error or its predecessor, and the city has the right to avail itself of the privileges granted .....

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