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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1903 Page 5 of about 64 results (0.075 seconds)

Feb 23 1903 (FN)

American Ice Co. Vs. Eastern Trust Co.

Court : US Supreme Court

Decided on : Feb-23-1903

..... extent of their interest in the property destroyed, an equitable lien upon the money due from the policy taken our by him, and that this equity exists although though the contract provides that, in case of the mortgagor's failure to procure and assign such insurance, the mortgagees may procure it at the mortgagor's expense. so in this case, we .....

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Jan 05 1903 (FN)

Worden Vs. California Fig Syrup Co.

Court : US Supreme Court

Decided on : Jan-05-1903

worden v. california fig syrup co. - 187 u.s. 516 (1903) u.s. supreme court worden v. california fig syrup co., 187 u.s. 516 (1903) worden v. california fig syrup company no. 36 argued march 18-19, 1902 decided january 5, 1903 187 u.s. 516 certiorari to the circuit court of appeals for the ninth circuit syllabus when the owner of a trademark applies for an injunction to restrain the defendant from injuring his property by making false representations to the public, it is essential that the plaintiff should not in his trademark or in his advertisements and business, be himself guilty of any false or misleading representation, and if he makes any material false statement page 187 u. s. 517 in connection with the property which he seeks to protect, he loses his right to claim the assistance of a court of equity, and where any symbol or label claimed as a trademark is so constructed or worded as to make or contain a distinct material assertion which is false, no property can be claimed on it, or, in other words, the right to the exclusive use of it cannot be maintained. on june 1, 1897, the california fig syrup company, created under the laws of the state of nevada and having its principal place of business in san francisco, california, filed a bill in equity in the circuit court of the united states for the northern district of california against clinton e. worden & company, a corporation of the state of california, and against j. a. bright, t. f. bacon, c.j. schmelz, and .....

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Feb 23 1903 (FN)

Gutierres Vs. Albuquerque Land and Irrigation Co.

Court : US Supreme Court

Decided on : Feb-23-1903

..... ." "xv. that the plaintiff is not the owner of any lands along the line of its proposed canal or elsewhere." "xvi. that there is no evidence that plaintiff has any contract with or employment by any person who is the owner of lands irrigable from said proposed canal for the conduct of water upon any such lands, or that any owner .....

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Nov 09 1903 (FN)

Hubbert Vs. Campbellsville Lumber Co.

Court : US Supreme Court

Decided on : Nov-09-1903

..... extraordinary remedy, it would seem reasonable to hold that all of the provisions of the statute which grant such remedy should be complied with before it can be considered as contracted for. we are of opinion that the court of appeals did not err, and its judgment is affirmed. mr. justice white and mr. justice mckenna concur in the result. mr ..... adjudged that he is also entitled to it in the absence of such stipulation, for it is a reasonable presumption that, if the county, in issuing the bonds, intended to contract for such extraordinary remedy, it would have complied with the express provision of the statute and incorporated the stipulation into the bonds. that the authority in this amendatory act to ..... language of the bond plainly excludes it as page 191 u. s. 76 the basis of authority, and therefore as plainly implies that the remedies by that act were not contracted for by the county. we need not stop to inquire what would be the effect of a recital on the face of the bonds that they were issued under the ..... act. there is nothing in the nature of things nor in the terms of the two acts which prevents the parties -- the county and the recipient of the bonds -- from contracting for solely the remedies provided in the original act. the later act provided remedies not in lieu of, but in addition to, those given by the former. there is nothing .....

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Jun 01 1903 (FN)

Hawaii Vs. Mankichi

Court : US Supreme Court

Decided on : Jun-01-1903

hawaii v. mankichi - 190 u.s. 197 (1903) u.s. supreme court hawaii v. mankichi, 190 u.s. 197 (1903) hawaii v. mankichi no. 219 argued march 4-5, 1903 decided june 1, 1903 190 u.s. 197 appeal from the district court of the united states for the territory of hawaii syllabus in interpreting a statute, the intention of the lawmaking power will prevail even against the letter of the statute; a thing may be within the letter of the statute and not within its meaning, and within its meaning, though not within its letter. smythe v. fisk, 23 wall. 374. in inserting in the resolution of july 7, 1898, annexing hawaii, a provision that municipal legislation not inconsistent with the constitution of the united states should remain in force until congress otherwise determined, congress did not intend to impose upon the islands every clause of the constitution, and to nullify convictions and verdicts which might, before the legislature could act, be rendered in accordance with existing legislation of the islands but not in accordance with the provisions of the constitution, nor was such the intention of hawaii in surrendering its autonomy. the conviction of one who, between august 12, 1898, and june 14, 1900, was tried on information and convicted by a jury not unanimous, in accordance page 190 u. s. 198 with legislation of the republic of hawaii existing at the time of the annexation, is legal notwithstanding it is not in compliance with the provisions of the fifth and sixth amendments of .....

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Apr 06 1903 (FN)

Fidelity and Deposit Co. Vs. L. Bucki and Son Lumber Co.

Court : US Supreme Court

Decided on : Apr-06-1903

..... that there was no such substantial error as justifies a reversal of the judgment. that there may be such certainty of profits as in some actions for breach of contract will justify their recovery is undoubtedly true. howard v. stillwell & bierce manufacturing company, 139 u. s. 199 , 139 u. s. 206 ; cincinnati gas ..... two common law suits commenced, both of which have been terminated. that is one attending circumstance. the other is that the atlantic lumber company cancelled its contract or considered it cancelled. that is, the atlantic company refused and ceased to deliver any more logs to the bucki company. so that the three ..... then there might have been such testimony as would prove a loss of profits; but in this case, the particular circumstances, the suspension of the contract for the delivery of logs and the bringing of the two common law suits, so changed the circumstances that there is no certainty that there could ..... doing in prior years, the net profits of such business during the nine or ten months preceding the levy of the attachments, the orders and contracts which it had on hand for timber and lumber, an alleged increase in the price of timber in the year succeeding the levy. there was ..... one thing in a court of the united states and a different thing in the courts of the various states, which would imply that the parties did not contract with reference to any definite rule of liability." see also missouri, kansas &c.; railway company v. elliott, 184 u. s. 530 . in reference .....

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Feb 23 1903 (FN)

The Infanta Maria Teresa

Court : US Supreme Court

Decided on : Feb-23-1903

..... after the report of the board convened by admiral sampson, the contractors began work on the colon, and on july 29, 1898, a supplemental contract was made in regard to the work on that vessel. the operations were carried on for some time for the purpose of raising and floating both ..... the secretary, shall be present at the scene of the work as the department's representative, to supervise and inspect the operations under this contract, and the party of the first part shall subsist such officer on board its vessel during the performance of such work and until the return ..... possible to recover, the vessel and appurtenances, if so required by the united states, to be transported to the navy yard at norfolk, virginia. the contract further stated: "inasmuch as it is believed that the cristobal colon is the least damaged of all the spanish vessels above referred to, the party ..... 285 and, as to the cristobal colon, "that if the weather continues favorable, the probabilities are good for saving the vessel." july 6, 1898, a contract was entered into between the merritt-chapman derrick wrecking company and the united states, stating in its preamble that the united states was "desirous of raising and ..... the use of the united states and the value deposited under sec. 4825, rev.stat. subsequently she was raised by a wrecking company under a contract with the government and taken as far as guantanamo, whence, after certain temporary repairs were made, it being impossible to completely repair her at that .....

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Jan 19 1903 (FN)

Earle Vs. Carson

Court : US Supreme Court

Decided on : Jan-19-1903

..... 9 ) is as follows: "whether, the bank being in fact insolvent, the transferrer is liable to be treated as a shareholder in respect of its existing contracts, debts, and engagements, if he believed in good faith at the time of transfer, that the bank was solvent, is a question which, in the view ..... , nebraska. he was a director of the bank and a member of its finance committee. on the 22d day of december, 1892, in consequence of contracts made by stuart with gruetter & joers, stuart delivered to them his certificates of stock, with the power to transfer, and a few days afterwards the ..... that is, that the exercise of the power to transfer stock in a national bank is controlled by the rules of good faith applicable to other contracts. the qualification just stated gives no support to the proposition that, where a sale of stock in a national bank is made in good faith, ..... most apt to obtain. taking into view the whole act -- the provision conferring the power to transfer stock, the one already referred to, which avoids contracts made in contemplation of insolvency, the authority conferred upon the comptroller to constantly test the condition of a national bank, the right given him to suspend ..... made effective upon a stockholder in transferring his stock when such restriction was not made operative on the bank and its officers when they entered into contracts. but this would cause the unknown insolvency to restrict the power of the person less likely to be aware of its existence, and to cause .....

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Jan 05 1903 (FN)

Telluride Power Co. Vs. Rio Grande Western Ry. Co.

Court : US Supreme Court

Decided on : Jan-05-1903

..... appropriating it as a reservoir site, and this contract (the contract with ferguson) only amounted to a waiver of ferguson's rights as a squatter in favor of plaintiffs in error." but their rights under that ..... section was and is their reliance. they say in their brief, that they "do not claim to bold the land in controversy" under the alleged contract with ferguson. "they claim to have obtained title to it under section 2339 of the revised statutes of the united states by entering upon it and ..... , has been occupied by said ferguson as a residence, but defendants allege having paid said ferguson a large sum of money, and have obtained a contract from him by which he covenants and agrees to convey all his interest in the premises so occupied by him to the said defendants." the good faith ..... was alleged with the view of obtaining title thereto as soon as the lands could be entered, and that he had erected improvements thereon and had contracted to sell the same to the power company and nunn for the purpose of enabling them to "use the same for a reservoir upon which to ..... and residents of colorado and the plaintiff was a resident and citizen of utah, that holbrook had no interest in the controversy, and that ferguson had contracted to sell to them the lands involved. the petition was denied. subsequently said corporation and nunn filed a certified transcript of the proceedings in the circuit .....

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May 04 1903 (FN)

Kean Vs. Calumet Canal Co.

Court : US Supreme Court

Decided on : May-04-1903

..... the court, considering the fourth section of the homestead act of may 20, 1862, which provided that no lands acquired thereunder should, in any event, become liable to any debt contracted prior to the issuing of the patent therefor, it was declared that congress, by such provision had made the exemption of such lands from sale on execution a permanent part ..... the government are to be interpreted and applied so as to create and maintain a system, general, equal, and beneficial as a whole. by this rule, the acts and the contracts of the government must be understood as referring to and sustaining the rights and interests of all the members of this confederacy, and as neither emanating from nor intended for .....

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