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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1904 Page 1 of about 59 results (0.223 seconds)

Mar 14 1904 (FN)

Northern Securities Co. Vs. United States

Court : US Supreme Court

Decided on : Mar-14-1904

..... s. 183 ): "issuing a policy of insurance is not a transaction of commerce. the policies are simply 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 in any proper meaning of the word. they are not subjects of trade and ..... , regarding the future disposition of the manufactured articles; nothing looking to a transaction in the nature of interstate commerce." " * * * *" "we think the case now before us involves contracts of the nature last before mentioned, not incidentally or collaterally, page 193 u. s. 390 but as a direct and immediate result of the combination engaged in by defendants. . . ..... of its own stock, the american sugar refining company acquired nearly complete control of the manufacture of refined sugar within the united states. the bill charged that the contracts under which these purchases were made constituted combinations in restraint of trade, and that, in entering into them, the defendants combined and conspired to restrain the trade and ..... that the broad and sweeping language of the opinion of the court might tend to unsettle legitimate business enterprises, stifle or retard wholesome business activities, encourage improper disregard of reasonable contracts and invite unnecessary litigation. mr. justice white, with whom concurred mr. chief justice fuller, mr. justice peckham, and mr. justice holmes, dissenting. the northern securities .....

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Feb 23 1904 (FN)

Banker's Mut. Cas. Co. Vs. Minneapolis, St. P. andc.; Ry.

Court : US Supreme Court

Decided on : Feb-23-1904

..... state bank of harvey, and upon said mailing of said letter of advice, the contract of insurance and indemnity of said registered package of currency immediately attached thereto and became a valid and complete contract of insurance and indemnity by the said bankers' mutual casualty company in favor of said german state bank." ..... at minneapolis, said package and its contents was the property of said german state bank." "that said registered package was covered by insurance and indemnity against loss while in transit through the united states mails from minneapolis to said harvey under a policy of insurance issued by said bankers' mutual ..... whether the duty counted on was imposed by law or arose from contract, the question remained whether defendant was a public agent of the united page 192 u. s. 383 states and the consequences of that relation ..... any law of the united the constitution or of any law of the united states. the complaint did indeed deny that there was any contract between defendant and the government, but that was merely a conclusion of law, inconsistent with the statutes and with the facts alleged. and ..... attach to this petition said notice or a true copy thereof." "that, during all of the period hereinbefore referred to, there was no contract of any kind between defendant and the united states government, concerning or providing for the carriage by defendant of said mails or any part thereof .....

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May 16 1904 (FN)

J. Ribas Y Hijo Vs. United States

Court : US Supreme Court

Decided on : May-16-1904

..... and spain mutually relinquish all claims for indemnity, national and individual, of every kind, of either government, or of its citizens or subjects, against the other government, that may have arisen since the beginning of the late insurrection ..... declaration of war." 1 kent, 159, 161. if the original seizure made a case sounding in tort, as it undoubtedly did, the transaction was not converted into one of implied contract because of the retention and use of the vessel pending negotiations for a treaty of peace. besides, the treaty of peace between the two countries provided that "the united states ..... determine "all claims founded upon the constitution of the united states or any law of congress, except for pensions, or upon any regulation of an executive department, or upon any contract, expressed or implied, with the government of the united states, or for damages, liquidated or unliquidated, in cases not sounding in tort, in respect of which claims the party would ..... for such seizure and detention is not founded on the constitution of the united states or on any act of congress or regulation of an executive department, or on any contract, express or implied, and an action based thereon is not sanctioned by the tucker act, and cannot be maintained thereunder. this action was brought against the united states by j .....

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Dec 12 1904 (FN)

Humbird Vs. Avery

Court : US Supreme Court

Decided on : Dec-12-1904

..... the plaintiffs as grantees of the northern pacific railway company (the alleged successor in interest of the northern pacific railroad company) are lands admittedly within indemnity, as distinguished from granted or place, limits. the mere filing of lists of selections, after the acceptance of the map of definite location of ..... be delivered to the railroad grantee or its successor in interest. the court should not, by any decree, as between parties who have no contract relations with each other, attempt indirectly to control the authority and discretion of that officer to determine what lands shall be what lands shall not ..... company was concerned, subject to such settlement as the land department might legally make under that act. it could not, by any sale or contract made after the acceptance of the act, interfere with the full execution of its provisions. and the plaintiffs, who claim to have purchased from the ..... far as the act of 1898 was concerned, could, notwithstanding the acceptance of its provisions, and on the day after such acceptance, have sold or contracted to sell its right, title, and interest in and to all the lands embraced by those provisions. this would have left no lands whatever to which ..... the interior as conclusive with respect to the particular lands to be relinquished by it, but it shall not be bound to relinquish lands sold or contracted by it, or lands which it uses or needs for railroad purposes, or lands valuable for stone, iron, or coal:" "4. and provided .....

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Dec 12 1904 (FN)

United States Vs. Chicago, M. and St.P. Ry. Co.

Court : US Supreme Court

Decided on : Dec-12-1904

..... transferred was a lot eighty acres in extent, in faribault county, minnesota, being the property in dispute in this suit. the land was within the indemnity limits of the grant by congress to the state, as determined by the map of definite location of the railroad, which became effective february 25, 1867 ..... the certification of the land by the secretary of the interior to the state, and the conveyance by the state to the railway company, and the contract and conveyances following thereon, conveyed no interest in or title to the premises in question, but that they rightfully belonged to donovan, and therefore the ..... , or page 195 u. s. 529 right to the possession of the same, and that thompson had the right to the possession thereof under the contract already mentioned. this judgment against him in the state court was never appealed from by donovan, nor has it ever been vacated, modified, or reversed. ..... the general land office, where, it is stated, the matter is still pending and undetermined. in 1885, the defendant thompson, an assignee of the contract made by the railway company with boyeson, went into possession of the eighty acres in section 35, and ordered donovan off the same, and donovan left ..... s. thompson, and, in turn, on the third day of february, 1888, the latter assigned it to ericksrud, who paid the balance due upon the contract, and received the warranty deed for the land from the railway company on the twentieth day of march, 1888. ericksrud died intestate on march 27, 1888 .....

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Apr 04 1904 (FN)

Wright Vs. Minnesota Mut. Life Ins. Co.

Court : US Supreme Court

Decided on : Apr-04-1904

..... in the maturing of certificates, and the abandonment of the plan for other insurance by the better class of risks, has not infrequently resulted in so increasing assessments and diminishing indemnity as to result in failure. the testimony that such was the history of this enterprise is ample. the changes of 1898 to a plan of issuing, in exchange for certificates ..... changes and transfer of membership, but to no case holding legislative authorization of a change of this character to work the impairment by the state of the obligation of a contract. the courts are slow to interfere with the management of societies such as this mutual insurance company. while the rights of members will be protected against arbitrary action, such ..... adjudicated upon, which gives a right of direct appeal from the decree dismissing the bill to this court, is the constitutional guaranty against the impairment of the obligation of a contract contained in section 10 of article i of the constitution of the united states. the complaining certificate holders allege that the laws of minnesota, under which the changes in the ..... and be governed by this chapter, anything in its special charter to the contrary notwithstanding. provided, that nothing herein contained shall impair or operate to impair the obligation of any contract, and provided further that, after such qualification, the company qualifying shall be governed solely by the act, and provided further that nothing in this act contained shall apply to any .....

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May 02 1904 (FN)

Raphael Vs. Trask

Court : US Supreme Court

Decided on : May-02-1904

..... company to hinder and delay the complainant is unqualifiedly false. the western company is in no way a party to the agreement or provision for such indemnity or such guaranty. the western company, if the purchase of its common stock shall be completed, will be itself indemnified against any claim of complainant." ..... of success, it is proper that our guaranty be ratably shared by all who avail themselves of the contract made by us for the vendors. from the $80 per share and interest mentioned above, we shall therefore deduct such amount per share as counsel ..... circuit court for utah a suit against the title of the western company to the bingham and alta spurs of its railroad, and in making the contract for the vendors, our firm gave its personal guarantee against any liability of the company in that suit. although the company's solicitors are confident ..... . although the company's solicitors are confident of success, it is proper that our guarantee be ratably shared by all who avail themselves of the contract made by us for the vendors. from the $80 per share and interest mentioned above, we shall therefore deduct such amount per share as counsel ..... or to stay waste, as ancillary to a foreclosure suit pending in another circuit court of the united states, where there is no privity of contract or trust relations between complainant and defendants and the record does not show that the defendant in the foreclosure suit could not respond to any .....

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Nov 14 1904 (FN)

Dobbins Vs. Los Angeles

Court : US Supreme Court

Decided on : Nov-14-1904

..... this state, shall, under the direction of the superintendent of streets or other officer in control thereof, and under such general regulations as the municipality may prescribe for damages and indemnity for damages, have the privilege of using the public streets and thoroughfares thereof, and of laying down pipes and conduits therein, and connections therewith, so far as may be necessary ..... of the fourteenth amendment to the constitution of the united states, prays that the permit granted by the board of fire commissioners be declared to be a valid and subsisting contract between the city of los angeles and herself, and that all ordinances passed by the city council in contravention thereof be declared void; that the defendant be enjoined from enforcing ..... gas works outside of a certain district described in the ordinance, and fixing penalties for the violation thereof. while this ordinance was in force, the plaintiff in error made a contract with the valley gas & fuel company for the erection of certain gas works upon territory to be thereafter designated by her, and on september 28, 1901, purchased lands within the ..... the police power, or whether, under the guise of enforcing police regulations, there has been an unwarranted and arbitrary interference with constitutional rights to carry on a lawful business, make contracts, or use and enjoy property. while the right to exercise the police power is a continuing one and a business lawful today may in the future become a menace to .....

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May 31 1904 (FN)

Shepard Vs. Barron

Court : US Supreme Court

Decided on : May-31-1904

..... to pay the bonds. in this view, the constant and frequent promises and representations made by the plaintiffs after the work was embarked upon are material evidence of the implied contract to pay for the work, arising from the request for its performance. it is therefore upon these facts, immaterial that the law under which the proceedings were conducted was unconstitutional ..... number of the property owners had informed the contractor that they would rather have grass seed sown thereon. the petitioners concluded: "we therefore petition that you cancel the above mentioned contract, and that each one, for their respective frontage upon said street, will see to it that grass seed is sown upon said sideways of east broad street this fall, ..... and adorning the circle, upon page 194 u. s. 557 the condition that the street around the circle should be completed and paved in accordance with the plat, order, and contract mentioned. the plaintiffs, acting under the name of the alum creek ice company, together with the other owners of real estate abutting upon these improvements, addressed a written communication to ..... bill was filed on june 12, 1899, for the purpose of enjoining the collection of the balance remaining unpaid on the assessment, on the grounds already stated. immediately after the contract for doing the work of improvement was entered into between the county commissioners and the contractor, and in compliance with the provisions of the act (section 13), the commissioners designated .....

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Jan 18 1904 (FN)

Sanislaus County Vs. San JoaquIn C. and I. Co.

Court : US Supreme Court

Decided on : Jan-18-1904

..... to fix rates that would secure to it one and one-half percent a month income upon the capital actually invested in the undertaking. if not hampered by an unalterable contract, providing that a certain compensation should always be received, we think that a law which reduces the compensation theretofore allowed to six percent upon the present value of the property ..... preclude legislative interference with their exercise if the public interest should at any time require such interference. it is a provision intended to preserve to the state control over its contract with the corporators which, without that provision, would be irrepealable and protected from any measures affecting its obligation." it was also said (p. 82 u. s. 459 ): "the reservation affects ..... corporation under the act of 1862, and that, if otherwise construed, the act of 1885 would run counter to the constitutional provision that no law impairing the obligation of a contract should be passed, and the statute would be subjected to the further objection that, as so construed, the state would deprive complainant of its property without due process of law ..... in the california water act of 1862 that county boards of supervisors should regulate water rates but could not reduce them below a certain point does not amount to a contract with water companies, which would be impaired within the meaning of the federal constitution by a subsequent act either reducing the rates below such point or authorizing boards of supervisors .....

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