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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1903 Page 3 of about 64 results (0.053 seconds)

Dec 14 1903 (FN)

Deposit Bank Vs. Frankfort

Court : US Supreme Court

Decided on : Dec-14-1903

..... asserts to be a contract was a contract of the class to which the constitution of the united states refers. this court must determine -- indeed, it cannot, consistently with its duty, refuse to determine -- upon its ..... to him by the final judgment of the highest court of kentucky, and which the state seeks to prevent him from exercising, were acquired under an agreement that constituted a contract within the meaning of the federal constitution. this contention is disputed by the state. so that the issue presented makes it necessary to inquire whether that which the defendant ..... right to tax the bank, there can be no question that this subsequent legislation is violative of the constitutional inhibition against the states from enacting laws impairing the obligation of contracts. this legislation is in absolute conflict with the hewitt law. citizens' savings bank of owensboro v. owensboro, 173 u. s. 636 . the decree declares in terms, as direct and ..... as upon an original question, and under the doctrine of res judicata, such adjudication will estop either party in subsequent litigation between themselves from again litigating the question of contract determined in the former action, even though the judgment of the state court upon which the federal court based its decision has meanwhile been reversed by the highest court of .....

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Dec 07 1903 (FN)

Guaranty Co. Vs. Pressed Brick Co.

Court : US Supreme Court

Decided on : Dec-07-1903

..... the protection of the latter, requires a covenant for the prompt payment of his claims, and the same security that it requires for the performance of the principal contract. in this covenant, the surety guarantees nothing to the principal obligee -- the government -- though the latter permits an action upon the bond for the benefit of the subcontractors. ..... him, though it really redound to his benefit. this covenant, however, is inserted for an entirely different purpose from that of securing to the government the performance of the contract for the construction of the building. inasmuch as neither the contractor nor his subcontractor can secure themselves by a mechanic's lien upon the proposed building, the government, solely for ..... , c. 280, "for the protection of persons furnishing materials and labor for the construction of public works." the act page 191 u. s. 423 requires, in substance, that persons contracting with the united states for the construction of any public building, etc., shall be required, before commencing such work, to execute the usual penal bond, "with the additional obligations that ..... him labor or materials" will not necessarily relieve the surety company from obligation under the ordinary rule that exonerates a guarantor in case the time fixed for performance of the contract by the principal be extended without his consent, where it does not appear that such extension was unreasonable or that the surety was prejudiced thereby. this was an action .....

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Nov 30 1903 (FN)

Defiance Water Co. Vs. Defiance

Court : US Supreme Court

Decided on : Nov-30-1903

..... attached. defendants disclaimed any reliance on or benefit from any or all said resolutions and ordinances as releasing or intending to release the city from the obligation of the alleged contract, or that they served any other purpose than as notice that defendants claimed the ordinance of 1887 was void and illegal from the beginning. defendants denied combination or collusion ..... ; denying the passage of any resolution or ordinance by the city council impairing or intended to impair the obligation of any contract with complainant or its assignors, and the performance of any act, or the intention to perform any act, toward the erection or construction of waterworks by the city, and ..... the circuit court had not. the plea was overruled, and defendants answered, may 1, 1899, reserving their rights under their demurrers and plea; asserting the illegality of the alleged contract; insisting that complainant's bill was an attempt to secure a removal of the case from the state court to the circuit court, which had already been determined against complainant ..... the payment of any other indebtedness than that due complainant, and that, on final hearing, the council and the city be perpetually enjoined from thereafter denying the existence of the contract and abrogating or attempting to abrogate or annul the same, and for general relief. the bill was subsequently amended, and a supplemental bill filed. to the bill as amended, .....

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Jun 01 1903 (FN)

Globe Refining Co. Vs. Landa Cotton Oil Co.

Court : US Supreme Court

Decided on : Jun-01-1903

..... burned before the time came for delivery. such a misfortune would not have been an excuse, although probably it would have prevented performance of the contract. if a contract is broken, the measure of damages generally is the same, whatever the cause of the breach. we have to consider, therefore, what the ..... liability the defendant fairly may be supposed to have assumed consciously, or to have warranted the plaintiff reasonably to suppose that it assumed, when the contract was made. this point of view is taken by implication in the rule that "a person can only be held to be responsible for such ..... established what the parties probably would have said if they had spoken about the matter. but a man never can be absolutely certain of performing any contract when the time of performance arrives, and, in many cases, he obviously is taking the risk of an event which is wholly, or to an ..... meant) did so willfully and maliciously, causing an unnecessary loss of two thousand dollars. next it is alleged that, by reason of the breach of contract and want of notice, plaintiff lost the use of its tanks for thirty days -- a loss estimated at seven hundred dollars more. next it is ..... plaintiff would send its tank cars to the defendant's mills, and that the defendant promptly would fill them with oil (so far, simply following the contract), and that the plaintiff sent tanks. "in order to do this, the plaintiff was under the necessity of obligating itself unconditionally to the railroad company .....

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Feb 23 1903 (FN)

Waggoner Vs. Flack

Court : US Supreme Court

Decided on : Feb-23-1903

..... a particular means by which such right might be enforced. we are of opinion that the act of 1897 does not impair the obligation of any contract within the meaning of the federal constitution, as asserted by the plaintiff in error, and the judgment of the court of civil appeals of texas ..... subsequent enactment which provided a forfeiture as a remedy. in both cases, there is a plain alteration of remedy, while in neither is there any contract springing from the passage of the first act that no other remedy more effective should be given as against one who purchased land during the existence ..... which might thereafter be resorted to by it was the one therein provided for. the court recognized the plain distinction between the obligation of a contract and a remedy given by the legislature to enforce that obligation, and it held that the remedy might be modified and enlarged without impairing such ..... court to the court of civil appeals, and the record has been brought here for review. the plaintiff in error alleges the existence of a contract with the state of texas, the obligations of which he asserts have been impaired by subsequent legislation in that state. the case involves an inquiry ..... of texas syllabus while this court is not bound by the construction placed by the state court upon statutes of that state when the impairment of contract clause of the constitution is invoked, yet, when the true construction of a particular statute is not free from doubt considering former legislation of .....

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Jan 26 1903 (FN)

SmyThe Vs. United States

Court : US Supreme Court

Decided on : Jan-26-1903

..... that the recovery was at least based upon the amount of the damage, and not upon the penalty, and it therefore further shows that it was indemnity, pure and simple, which the government claimed. therefore it was necessary for it to prove the damage, and in proving the defense at least as ..... or makes a motion to the court verifying such plea or motion by his oath, and the court thereupon requires the production of the original bond, contract, or other paper certified in the affidavit. and no continuance shall be granted except as herein provided. " page 188 u. s. 173 the defendants ..... control the legal effect of a contract in any case, and his discretion, were he at liberty to use it, would be influenced by considerations of general policy." to the same effect ..... to relieve him from the performance of it. . . . the keepers of the public moneys, or their sponsors, are to be held strictly to their contract, for if they were to be let off on shallow pretenses, delinquencies, which are fearfully frequent already, would be incessant. a chancellor is not bound to ..... is regarded as laying the foundation of a more stringent responsibility upon collectors and receivers of public moneys. it is referred to as a special contract by which they assume additional obligations with regard to the safe keeping and payment of those moneys and as an indication of the policy of the .....

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Jan 23 1903 (FN)

The Manila Prize Cases

Court : US Supreme Court

Decided on : Jan-23-1903

..... vessel should be treated as destroyed or as a prize is denied in the latter, and another difference suggested is that the owner of a submerged or stranded vessel could contract with a third party to page 188 u. s. 265 raise it, while captors cannot. we think, however, that the alleged differences destroy the analogy altogether, or rather that its ..... an examination of the wrecks of the don juan de austria, the isla de cuba, and the isla de luzon was made, and subsequently the vessels were raised, under a contract entered into by the commander-in-chief for the government, and reconstructed. if the vessels had not been raised and saved, they would have remained abandoned as destroyed; but, as ..... juan de austria, the isla de cuba, and the isla de luzon, and the commander-in-chief advertised for bids for raising, repairing, and fitting them out. in october, he contracted, on behalf of the united states, with a dock company to effect this purpose. the work of raising the vessels was begun on october 29 and finished on november 24 .....

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Jan 12 1903 (FN)

Caldwell Vs. North Carolina

Court : US Supreme Court

Decided on : Jan-12-1903

..... v. titusville would have applied, as the tax would have been upon the commerce. but, instead of completing the pictures in chicago and shipping them to the parties who had contracted for them, they were shipped to itself (the chicago portrait company) in greensboro. this being so, no title ever passed from the chicago portrait company, until the pictures were put ..... , 1900, the defendant, being employed by the chicago portrait company, a foreign corporation, of chicago, illinois, came to greensboro for the purpose of delivering certain pictures and frames for which contracts of sale had previously been made by other employees of the chicago portrait company, who had preceded the defendant in greensboro;" "that the defendant went to the southern railway freight ..... was not guilty. but, to our minds, there is a decided difference between this case and that. the contract to make and deliver these pictures was an executory contract, and no title passed by this contract. . . . if they had been completed in chicago, and under contract shipped to the purchaser, the title would have passed to the consignee upon delivery to the railroad in .....

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Dec 18 1903 (FN)

Crossman Vs. Lurman

Court : US Supreme Court

Decided on : Dec-18-1903

..... erroneously held to control. this proposition is based on the assumption that, because the buyers of the coffee were residents of maryland, therefore the contract must be treated as having been made for the purpose of securing the shipment of the coffee from rio janeiro to the residence of the buyers ..... buyers were not bound to accept despite the finding of the grader that it conformed to the types of the coffee exchange referred to in the contract. finally, all incidental questions being eliminated, the cause was tried on the distinct issue whether the coffee was adulterated within the provisions of the ..... coffee had been coated with the wash, its average quality was yet equal to the specified types of the coffee exchange referred to in the contract. the buyers refused to abide by this finding and to accept delivery and pay for the adulterated coffee. the sellers then disposed of the coffee ..... with these provisions in force, in july, 1894, the firm of crossman & brothers, hereafter referred to as the sellers, residents of new york city, by contract made in new york, sold to the firm of theodore g. lurman & company, hereafter referred to as the buyers, residents of baltimore, five hundred bags ..... within the provisions of a state statute prohibiting the sale thereof because, notwithstanding the adulteration, it is equal in grade to a standard specified in the contract. the facts are stated in the opinion. page 192 u. s. 193 mr. justice white delivered the opinion of the court. the law .....

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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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