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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1903 Page 1 of about 64 results (0.052 seconds)

Feb 23 1903 (FN)

Lottery Case

Court : US Supreme Court

Decided on : Feb-23-1903

..... of the court, said: "issuing a policy of insurance is not a transaction of commerce. the policies are simple contracts of indemnity against loss by fire, entered into between the corporations and the assured for a consideration paid by the latter. these contracts are not articles of commerce page 188 u. s. 368 in any proper meaning of the word. they are ..... constitution. is the carriage of lottery tickets from one state to another commercial intercourse? the lottery ticket purports to create contractual relations, and to furnish the means of enforcing a contract right. this is true of insurance policies, and both are contingent in their nature. yet this court has held that the issuing of fire, marine, and life insurance ..... commerce clause of the constitution, and that the power of congress to regulate interstate commerce comprises the right to enact a law prohibiting the citizen from entering into those private contracts which directly and substantially, and not merely indirectly, remotely, incidentally, and collaterally, regulate to a greater or less degree commerce among the states." that regulation may sometimes take ..... may take the form of prohibition. the object of that act was to protect trade and commerce against unlawful restraints and monopolies. to accomplish that object congress declared certain contracts to be illegal. that act in effect prohibited the doing of certain things, and its prohibitory clauses have been sustained in several cases as valid under the power of .....

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Jan 06 1903 (FN)

Hartford Fire Ins. Co. Vs. Wilson

Court : US Supreme Court

Decided on : Jan-06-1903

..... ; that the condition upon which they were deposited with the agent of the insured failed, and therefore that, at the time of the fire, there was no subsisting contract of indemnity between the company and the insured. the judgment of the court of appeals is reversed, and the case remanded to that court with instructions to set aside its judgment ..... or statements made by the agent of the company, and not contained in the contract of insurance, would have formed no part thereof, and could not have been insisted upon by the plaintiff as against the defendant company. . . . insurance companies may with entire ..... executed instruments between the parties. all negotiations had before such event and all parol agreements between the assured and the agent of the defendant would have been merged in the contract evidenced by the policies themselves had the negotiations been carried out as intended, and such policies been absolutely delivered to and accepted by the plaintiff. hence, any oral representation ..... of the majority, after referring to other cases of conditional delivery (some of which we have notice in this opinion), stated as a reason for distinguishing this case: "the contracts and instruments involved in those cases are very different from the policies of insurance sued upon. these are elaborate instruments, and abound in stipulations and conditions. among these, note the .....

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Nov 30 1903 (FN)

Gertgens Vs. O'Connor

Court : US Supreme Court

Decided on : Nov-30-1903

..... might be entitled by virtue of the land grants of march 3, 1857, and march 3, 1865, and which were included within the indemnity limits of said grants. this contract expired december 31, 1881. on march 30, 1883, the railway company made a new agreement, which, after referring to the prior ..... to enter the lands as a homestead, and was denied such leave by the local land officers on the ground that it was within the twenty-mile indemnity limits of the railway company's grant, and had been selected by the company. he was charged with knowledge of the act of congress giving a ..... , and coterminous with a constructed part of the road. it was excepted from the operation of the grant because of a defect in the selection of indemnity lands. all these matters being beyond dispute, there remain open the questions whether the land could be deemed to have been sold by the company to ireland ..... such refusal sustained on appeal by the commissioner of the general land office. the refusal was on the ground that the land was within the twenty-mile indemnity limits of the railway company, and had been selected by the company in 1885, long before the defendant went upon the land. in july, 1880, the ..... . page 191 u. s. 238 the facts are these: the tract was surveyed public land, situate in the county of traverse, and lying within the twenty-mile indemnity limits of the grant to the st. paul, minneapolis & manitoba railway company, as defined by acts of congress dated respectively march 3, 1857, 11 stat.195, .....

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Mar 02 1903 (FN)

San Jose Land and Water Co. Vs. San Jose Ranch Co.

Court : US Supreme Court

Decided on : Mar-02-1903

..... who claims an estate or interest in real property adverse to him, for the purpose of determining such adverse claim." the land in question was within the indemnity limits of the land grant of july 27, 1866, 14 stat. 292, to the atlantic and pacific railroad company. plaintiff, however, claims nothing under this ..... this action. the southern pacific had no title to convey, and, beyond this, there page 189 u. s. 182 is no finding that the contract was assigned by indorsement or with the written consent of the railroad company, or that there was any promise on the part of the assignees to perform ..... the annual interest to february 28, 1892, the grantees ceased all further payments. the findings show that, at the time of the execution of the contract, "said tract of land was not in the bona fide occupation of any adverse claimant under the preemption or homestead laws of the united states, and ..... nothing with regard to the title, but agreed to repay everything which had been paid by the grantees. there was a further agreement that the contract should not be assignable except by indorsement, and with the written consent of the company, and a written promise of the assignee to perform all the ..... pacific, which, upon forfeiture of its land grant, also reverted to the united states. hence, on february 28, 1887, when the southern pacific company contracted to sell these lands to nolan and heckenlively, it had really nothing to sell, and no interest in the land that could pass under that agreement .....

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Mar 23 1903 (FN)

Eastern Building and Loan Ass'n Vs. Williamson

Court : US Supreme Court

Decided on : Mar-23-1903

..... ." but it is not shown that there was any express agreement between the parties to change the terms of the original contract; the amendment was clearly prospective in its operation, knights templars' & m. l. indemnity co. v. jarman, 187 u. s. 197 , and we are unable to perceive that the mere borrowing or ..... of our own to these satisfactory declarations of the law of new york. a single matter remains to be noticed. it is contended that the contract evidenced by the certificates was changed by a loan subsequently obtained by the plaintiff from the defendant upon the security of the shares -- a loan ..... in new york independent of that created by these articles and statutes and shown by its decisions, and their effect upon the terms of the contract was a matter for judicial construction by the courts of south carolina. that the defendant so understood the matter is apparent from the instructions it asked ..... be given to the laws of new york as construed by its courts, and that, by reason thereof, "under the terms of the contract of membership, and the contract of loan, bylaws, and charter, the transaction between the plaintiff and defendant does not terminate merely upon making a fixed number of payments, ..... the promise to return the money so borrowed had in themselves any effect upon the prior contract. we see no error in the record, and the .....

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Mar 02 1903 (FN)

The Osceola

Court : US Supreme Court

Decided on : Mar-02-1903

..... injuries were received by negligence or accident. it will be observed in these cases that a departure has been made from the continental codes in allowing an indemnity beyond the expense of maintenance and cure in cases arising from unseaworthiness. this departure originated in england in the merchants' shipping act of 1876, above quoted, ..... said in this case, and in nevitt v. clarke, olcott 316, that the privilege of being cured continues no longer than the right to wages under the contract in the particular case. in the ben flint, 1 abb.u.s. 126; s.c., 1 biss. 562, the claim to be cured at the ..... which mr. justice story held that a claim for the expenses of cure in case of sickness constituted in contemplation of law a part of the contract for wages, over which the admiralty had a rightful jurisdiction. the action was in personam against the master and owner for wages and other expenses occasioned ..... the ship is imposed upon the owner by the merchants' shipping act of 1876, 39 & 40 vict. c. 80, section 5, wherein, in every contract of service, express or implied, between an owner of a ship and the master or any seaman thereof, there is an obligation implied that all reasonable means ..... the negligence of another member of the crew beyond the expense of their maintenance and cure. (4) that the seaman is not allowed to recover an indemnity for the negligence of the master, or any member of the crew, but is entitled to maintenance and cure whether the injuries were received from negligence .....

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Mar 02 1903 (FN)

Davis and Farnum Mfg. Co. Vs. Los Angeles

Court : US Supreme Court

Decided on : Mar-02-1903

..... in innumerable actions at law and a multiplicity of suits, which would have to be instituted at great expense and without the possibility of recovering indemnity. we are not, however, bound by this allegation when the facts set forth in the bill show that, if the plaintiff be entitled to ..... , under color of an unconstitutional statute, were committing acts of wrong and injury to the rights and property of the plaintiff acquired under a contract with the state. it would seem that, if there were jurisdiction in a court of equity to enjoin the invasion of property rights through ..... but upon the alleged unconstitutionality of the municipal ordinances of november 25, 1901, and march 3, 1902, as impairing the obligation of mrs. dobbins' contract with the city under prior ordinances, an appeal lies directly to this court, and upon such appeal the whole case is opened for consideration. horner v ..... tanks or reservoirs within certain portions of the city. the gravamen of the bill was that, on september 1, 1901, caroline w. dobbins made a contract with the valley gas & fuel company, a california corporation, to build certain gas works for her, including all things necessary for the manufacture, page ..... bill is based not only upon diversity of citizenship, but also upon the alleged unconstitutionality of municipal ordinances as impairing the obligation of a contract, an appeal lies to this court and the whole case is opened for consideration. where a statute delegates powers to a city, the ordinances .....

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Jan 05 1903 (FN)

Mexican Central Ry. Co. Vs. Eckman

Court : US Supreme Court

Decided on : Jan-05-1903

..... of mexico as pleaded and proved in this case, insofar as such laws give rights that are to be determined by successive suits, give the right to extraordinary indemnity, considering the social position of the injured party, and insofar as the same are vague, indefinite, and dissimilar to the laws of our country and contrary to our policy?" "fourth ..... defendant, mexican central railway company, limited, are not citizens of this state and district, and where the cause of action arose in the republic of mexico, in which republic the contract of service was made and the services thereby contemplated were to be performed?" "third. whether or not this court has jurisdiction to try and determine this suit under the laws .....

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May 18 1903 (FN)

Colombia Vs. Cauca Co.

Court : US Supreme Court

Decided on : May-18-1903

..... . the essential features of the agreement were that the company, by the second article, surrendered the railroad, and that colombia agreed to pay a just indemnity, the scope of which will be considered later, and which was to be determined by the commission. the commission consisted of three -- one appointed on ..... concession. if, as would seem, this was the sum which the construction company was to pay cherry for the assignment of the cauca company contract, it requires a layman's superiority to form in the interest of substance to connect this with the cauca company at all. but, assuming that ..... the colombian construction and improvement company also was incorporated for many purposes, including that of building the road, and cherry forthwith assigned to it his contract with the cauca company, stipulating that he should receive in return a large amount of full-paid stock of the company and $135,000 in ..... u. s. 525 allow the office and traveling expenses and salaries of the officers, but not the cash paid by the corporation for the contract and concession or the amounts paid to the officers of the corporation for securing the agreement to submit the matter to arbitration. the case is ..... , after the discussions have been closed. where a foreign state grants a concession to build a railroad to an individual who assigns it and other contracts connected therewith to a corporation, and thereafter the state forfeits and cancels the concession, but agrees, as a compromise, to take over the road .....

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Nov 30 1903 (FN)

Owensboro Vs. Owensboro Waterworks Co.

Court : US Supreme Court

Decided on : Nov-30-1903

..... the owensboro water company the right to construct waterworks, nor by the ordinance of june 3, 1889, approving the transfer of the rights and contracts of that company to the owensboro water works company, the appellee herein. nor is the city, by said ordinance, precluded from regulating the business ..... or knowledge, and, besides, the page 191 u. s. 366 city had no power to pass the ordinance, and that the latter violates the contract existing between appellee and the city. it is also alleged that financial injury will result to appellee from the enforcement of the ordinance in regard to ..... 10th of june, 1889, relying upon the ordinance of the 3d, the appellee consummated the purchase from the water company of its works, franchises, and contracts, and received them from that company, and it "has ever since then under the orders and direction" of the city, maintained and extended its ..... a waterworks plant for supplying the city and its inhabitants with water, and accepted the appellee as the successor of the water company to the contracts between the latter and the city. the ordinance was expressed to be in consideration "of the purchase, by the owensboro waterworks company of owensboro, ..... of the state. the construction of the statute is contested by the appellee. the appellee urges, besides, that the statute, so interpreted, violates its contract with the city, and that the rates as fixed deprive it (the appellee) of its property without due process of law. these contentions make the .....

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