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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1905 Page 1 of about 53 results (0.055 seconds)

Jan 09 1905 (FN)

Slavens Vs. United States

Court : US Supreme Court

Decided on : Jan-09-1905

..... general may discontinue the entire service on any route whenever the public interest, in his judgment, shall require such discontinuance, he allowing, as full indemnity to the contractor, one month's extra pay." in the contract it is stipulated: "it is hereby stipulated and agreed by the said contractor and his sureties that the postmaster general may change the schedule and ..... and, the contractor declining to perform the work remaining at the lower compensation, put an end to the contract by an order of discontinuance, allowing the contractor one month's extra pay as full indemnity. it is contended by the appellant that this contract, properly construed, while it permits the postmaster general to make changes in the schedule and termini of the ..... , it was within the power of the postmaster general to put an end to the contract by order of discontinuance, allowing one month's pay as indemnity, and to relet the remaining service; the power to terminate the contract on allowing a month's pay as indemnity was not predicated on an abandonment of the entire service. while the provisions in a ..... reservation, the postmaster general would be authorized to discontinue the entire service contemplated by the contract, and the practical effect of that would be to terminate the contract itself on making the indemnity specified." as to the other claim for extra services, n the stipulation of the contracts, it appears that the contractor was required to perform all new or additional or changed .....

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Nov 27 1905 (FN)

Royal Ins. Co. Vs. Miller

Court : US Supreme Court

Decided on : Nov-27-1905

..... affected by the mortgage after its harvest or manufacture into sugar up to the time of its removal or warehousing. third. that the rights of the mortgage creditor attached to indemnity for insurance upon the mortgaged property, including the crops, provided the loss occurred after the execution of the mortgage. under the construction which we have given the policy of insurance ..... from the same source of title, or based upon the same cause of action, may be joined and brought in one action." the claims of both parties depended upon the contract of insurance. there was no inherent antagonism between the two claims, since the amendment making lucas amadeo a party expressly alleged that his rights in and to the policy were ..... the contracts with which the controversy is concerned, the pleadings, and such uncontroverted facts as are essential to be borne in mind in order to comprehend the issues raised by the assignments ..... plaintiff. the facts are stated in the opinion. mr. justice white delivered the opinion of the court. whether a judgment upon a verdict enforcing against the plaintiff in error a contract of fire insurance is erroneous is the general question for decision. the record is confused, the pleadings involved, and the errors assigned numerous. we shall therefore, at the outset, state .....

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Dec 18 1905 (FN)

Sjoli Vs. Dreschel

Court : US Supreme Court

Decided on : Dec-18-1905

..... homestead laws of the united states; and, that the secretary of the interior has no authority to withdraw from sale or settlement lands that are within indemnity limits which have not been previously selected, with his approval, to supply deficiencies within the place limits of the company's road. * these principles, ..... therefore, stand in the way of the lands' being occupied and entered under the homestead laws. the mere filing of its lists of selections of indemnity page 199 u. s. 569 lands did not have the effect to exclude them from occupancy under the preemption or homestead laws. on the contrary, ..... as already stated, the result of the cases in this court is that the railroad company did not acquire an interest in any particular lands within the indemnity limits merely by filing its lists of selections, nor until its selections were approved by the secretary of the interior. in musser v. mcrae, 38 ..... was issued to him under date of june 18, 1901. his title rests upon that patent. dreschel's claim to the land arises out of a contract made by him april 21, 1900, with the northern pacific railway company, by which that corporation agreed to sell to him the land in question. ..... and homestead laws of the united states. 4. the secretary of the interior has no authority to withdraw from sale or settlement lands within the indemnity limits which have not been previously selected, with his approval, to supply deficiencies within the place limits of the company's road. the facts are .....

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May 29 1905 (FN)

Supreme Lodge Vs. Meyer

Court : US Supreme Court

Decided on : May-29-1905

..... -- namely, to accept it 'subject to all the conditions therein contained.' the contract was not completed, in the sense that page 198 u. s. 519 it was binding upon either party to it, until it was delivered in new ..... was one of those 'further agreements.' from these terms of the agreements of the parties, the only natural conclusion is that the place of the contract was where it was intended and understood to be consummated. its completion depended upon the execution by the member of the further agreement indorsed upon the certificate ..... we quote counsel: "the attempted application of sections 834 and 836 of the civil code of procedure of the state of new york to the contract in the case at bar is a violation of the federal constitution." these contentions may be said to have the same ultimate foundation, but regarding ..... ," and that their testimony was therefore properly excluded under 834 and 836. the court also held that the certificate of insurance was a new york contract. judge gray and chief judge parker concurred in the latter view, but dissented as to the application of the code sections. plaintiff in error contests ..... to which the case was remitted, and this writ of error was then sued out. there are two questions in the case -- the place of the contract page 198 u. s. 516 and the effect of the following provision in the certificate of insurance: "and i hereby, for myself, my heirs, assigns .....

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Jan 09 1905 (FN)

Union Stock Yards Vs. Chicago, B. and Q. R. Co.

Court : US Supreme Court

Decided on : Jan-09-1905

..... 's negligence has been established by a competent tribunal, and the inquiry here is may the terminal company recover contribution, or, more strictly speaking, indemnity, from the railroad company because of the damages which it has been compelled to pay under the circumstances stated? nor is the question to be ..... inspect the car with such reasonable diligence as would have discovered the defect in it. it may be conceded that, the railroad company having a contract with the terminal company to receive and transport the cars furnished, it was bound to use reasonable diligence to see that the cars were turned ..... matter as to which the defendants were experts and the plaintiff presumably was not. whether the false warranty be called a tort or a breach of contract, the consequences which ensued must be taken to have been contemplated, and were not too remote. the fact that the reliance page 196 u. ..... court of appeals propounds the following question: "is a railroad company which delivers a car in bad order to a terminal company, that is under contract to deliver it to its ultimate destination on its premises for a fixed compensation, to be paid to it by the railroad company, liable to the ..... to it by the defendant. the plaintiff receives no part of the charge to the shipper for the transportation of the cars, but the defendant contracts with the shipper to deliver the cars to their places of ultimate destination in the plaintiff's yards, and receives from the shipper the compensation therefor .....

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Oct 30 1905 (FN)

The Eliza Lines

Court : US Supreme Court

Decided on : Oct-30-1905

..... for holding that the abandonment of the ship was a rescission of the contract of affreightment than that such abandonment was a renunciation of all the owner's title to the ship in case she were subsequently rescued. whether ..... repairs. it apparently ignores the principle that, to constitute a rescission, there must be the same intent to rescind as there was originally to contract, and that the intent to rescind should not be inferred without some act which points unmistakably to that conclusion. there is no more reason ..... thus squarely presented as to which of these parties was entitled to the cargo, which was manifestly dependent upon the other question, whether the contract of affreightment was still in existence. that there was no definite intention of abandoning the lien of the ship upon the cargo is shown ..... compelled to this course. post v. robertson, 1 johns. 24, 27. if it be once granted that, in case of shipwreck or other disaster, the contract of affreightment is not dissolved, and the authorities on this question, both in this country and in england, settle this beyond controversy, cargo v. galam, br. ..... company in personam, for freight, is the proposition that the abandonment of the vessel by the master and crew operated as a dissolution of the contract of affreightment, and authorized ward & company to reclaim possession of the cargo, either freed altogether from any claim for freight or upon the payment .....

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May 08 1905 (FN)

Board of Trade Vs. Christie GraIn and Stock Co.

Court : US Supreme Court

Decided on : May-08-1905

..... case of the same kind. these settlements would be frequent, as the number of persons buying and selling was comparatively small. the fact that contracts are satisfied in this way by set-off and the payment of differences detracts in no degree from the good faith of the parties, and ..... through its eighteen hundred members, is transacted a large part of the grain and provision business of the world. of course, in a modern market, contracts are not confined to sales for immediate delivery. people will endeavor to forecast the future, and to make agreements according to their prophecy. speculation of ..... it claims. but as the defendants do not get them from the telegraph companies authorized to distribute them, have declined to sign the above-mentioned contracts, and deny the plaintiff's rights altogether, it is a reasonable conclusion that they get, and intend to get, their knowledge in a way ..... statistics of crime are property to the same extent as other statistics, even if collected by a criminal who furnishes some of the data. contracts under which the board of trade furnishes telegraph companies with its quotations, which it could refrain from communicating at all on condition that they will ..... trade collects at its own expense quotations of prices offered and accepted for wheat, corn and provisions in its exchange and distributes them under contract to persons approved by it and under certain conditions. in a suit brought by it to restrain parties from using the quotations obtained and .....

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Nov 27 1905 (FN)

Simpson Vs. United States

Court : US Supreme Court

Decided on : Nov-27-1905

..... indefinite oral agreement. the facts are stated in the opinion. mr. justice holmes delivered the opinion of the court. this case arises upon a contract between the commissary general of subsistence and the claimant by which it was agreed that the claimant should "deliver to the commissaries of the united states ..... commanding officers, they shall designate, such quantities of fresh beef . . . fit for immediate use . . . as from time to time they may require." the contract was to "be in force from the fifth day of january, 1899, to the thirtieth day of june, 1899, inclusive, or such less time for any post as ..... connected with both points by rail. there was a refrigerator plant there which had been erected by swift & co., so that, if the claimant regarded his contract as the supplement to that of swift & co., there was notice on the face of the earth that this point was supposed to be within their ..... the interior of the island." obviously the two phrases were used as meaning the same thing, and they may be considered in interpreting the word "interior" in the contract. bradley v. washington, alexandria and georgetown steam packet co., 13 pet. 89, 38 u. s. 101 ; stoops v. smith, 100 mass. 63, 65- ..... third parties. on february 21, he was notified that commissaries throughout the island had been instructed to call on him to furnish fresh beef under his contract whenever swift & co. could not do so under theirs, and he furnished beef for los quemados for the first thirteen days of march, and was .....

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Apr 10 1905 (FN)

Muhlker Vs. New York and Harlem R. Co.

Court : US Supreme Court

Decided on : Apr-10-1905

..... cause of action by reason of his being an abutter upon a public street. the plaintiff's rights, whether expressed in terms of property or of contract, are all a construction of the courts, deduced by way of consequence from dedication to and trusts for the purposes of a public street. they never ..... plaintiff acquired his title, those cases were the law of new york, and assured to him that his easements of light and air were secured by contract as expressed in those cases, and could not be taken from him without payment of compensation. and this is the ground of our decision. we ..... the land in the street had been taken from plaintiff's grantor by proceedings in invitum. and rights of abutting owners were held to rest in contract constituted by the conditions upon which the city received the property. equally untenable are the grounds of distinction urged in the case at bar against the ..... of the state and the duty of the railroads; the rights of abutting property owners must be considered, and, against their infringement, plaintiff urges the contract clause of the constitution of the united states and the fourteenth amendment. the latter is invoked because the act of 1892 does not provide for compensation to ..... the beds whereof had been deeded to the city of new york in trust for streets, that their easements of light and air were secured by contract, and could not be taken from them without compensation, and the courts of that state cannot change or modify their decisions so as to take away .....

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Nov 27 1905 (FN)

United States Vs. Stage Co.

Court : US Supreme Court

Decided on : Nov-27-1905

..... hardly be seriously entertained. the same principles of right and justice which prevail between individuals should control in the construction and carrying out of contracts between the government and individuals. the phrase "new or additional service" is not one of exact meaning, defining the precise extent of the obligation incurred, and permits ..... power of the government to ruin a contractor by new and wholly unanticipated demands, which caution and prudence, however great, could not have foreseen. if this were a contract between individuals, a claim of the right to require this vast amount of additional work -- evidently no within the contemplation of the parties -- without additional compensation would ..... or changed covered regulation wagon, mail messenger, transfer, and mail station service that the postmaster general may order at the city of new york, n.y., during the contract term, without additional compensation, whether caused by change of location of post office, stations, landing, or the establishment of others than those existing at the date hereof, or ..... required to perform, without additional compensation, any and all new or additional service that may be ordered from july 1, 1893, or at any time thereafter during the contract term, whether between post offices and railroad stations, between post offices and steamboat landings, between post offices and mail stations, or between the several railroad stations, steamboat landings .....

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