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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1907 Page 1 of about 48 results (0.053 seconds)

Apr 22 1907 (FN)

Whitfield Vs. Aetna Life Ins. Co.

Court : US Supreme Court

Decided on : Apr-22-1907

..... the maximum liability of the company hereunder in any policy year shall not exceed the principal sum hereby insured, and in no event will claim for weekly indemnity be valid if claim is also made for any of the stated amounts herein provided for specified injuries, based upon the same accident and resulting injuries." ..... 205 u. s. 495 committed suicide without having contemplated self-destruction at the time he made application for insurance, the question arises whether the contract of insurance limiting the recovery to one-tenth of the principal sum specified was valid and enforceable. 1. that the statute is a legitimate exertion ..... because of such suicide, from liability for the principal sum? we cannot agree with the learned courts below in their interpretation of the statute. the contract between the parties, evidenced by the policy, is, we think, an evasion of the statute, and tends to defeat the objects for which it ..... assured. its very object was to prohibit and annul such stipulations in policies, and it cannot be waived or abrogated by any form of contract or by any device whatever. the legislative will, when expressed in the peremptory terms of this statute, is paramount and absolute, and cannot ..... policy.' this was, in effect, a legislative declaration of the public policy of this state. that it was intended to limit the power to contract for a lesser liability in cases of death by suicide, not within the limitation expressed in the statute, is also apparent from its terms, to .....

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May 13 1907 (FN)

United States Vs. Cramp and Sons Co.

Court : US Supreme Court

Decided on : May-13-1907

..... return to the party of the second part of the amount so paid, upon demand being made by the secretary of the navy therefor, for indemnity of the party of the second part against loss or injury by reason of such payment, and, in consideration of such advance payment, the party ..... of significance, it must be borne in mind that the release referred specifically to the provisions in the sixth paragraph of the nineteenth clause of the contract, which provided for the character of the release. indeed, the general language of the release itself and the number of words of description in it ..... , reckonings, claims and demands whatsoever, in law or in equity, for or by reason of or on account of the construction of said vessel under the contract aforesaid." now whatever limitation may be placed upon the words "for" or "on account of" the construction, the provision for the release of all claims ..... account of delays of the contractor, deductions in price on certain conditions, approval of the work by the secretary of the navy, forfeiture of the contract, with authority to the secretary to complete the vessel. the nineteenth clause contains the stipulations as to the amounts and times of payment with authority for ..... , reckonings, claims, and demands whatsoever, in law or in equity, for or by reason of or on account of the construction of said vessel under the contract aforesaid." "in witness whereof i have hereunto set my hand and page 206 u. s. 122 affixed the seal of the william cramp & sons ship .....

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Dec 02 1907 (FN)

United States Vs. R. P. Andrews and Co.

Court : US Supreme Court

Decided on : Dec-02-1907

..... agent of the secretary of war, representing the united states. the statement of the fund from which the payment was to be made, instead of justifying the inference that the contract was intended to be made in the name of the government of the philippine islands, through its agent, gives countenance to a contrary inference. this follows, because, if the ..... loss and damage fell upon them. we proceed to consider these propositions: 1. we need not consider the contention that the philippine islands were a distinct governmental entity, for whose contracts the united states was not bound, because that subject is irrelevant, since it begs the real question -- that is, whether the purchase was made by the united states. testing ..... competent force of operators therefor; which duty was performed by said division. on and prior to august 17, 1901, claimant was furnishing and supplying defendants divers papers and stationery, under contract, for use in various of its departments, and thereupon the chief of the division of insular affairs solicited claimant to furnish and supply, for use in said philippine public printing ..... congress on july 1, 1902 (32 stat. 712), and after that act the division became known as the bureau of insular affairs of the war department. the facts concerning the contract in controversy are these: in may, 1901, the president of the philippine commission telegraphed the secretary of war, stating the necessity for a government printing office at manila, asking concerning .....

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Jan 07 1907 (FN)

Old Wayne Mut. Life Ass'n Vs. McDonough

Court : US Supreme Court

Decided on : Jan-07-1907

..... ins. co., 1 mccrary 123, 129; knapp, stout & co. v. nat. mut. fire ins. co., 30 f. 607; berry v. knights templars' & m. life indemnity co. 46 f. 439, 441-442; diamond plate glass co. v. minneapolis mut. fire ins. co., 55 f. 27; stewart v. harmon, 98 f. 190, 192. conceding ..... another state, although citizens of the former state may be interested in such business. as the suit in the pennsylvania court was upon a contract executed in indiana; as the personal judgment in that court against the indiana corporation was only upon notice to the insurance commissioner, without any ..... ." the defendant association introduced no evidence. if, looking alone at the pleadings in the pennsylvania suit, it be taken that at the time of the contract in question, the page 204 u. s. 20 indiana corporation was engaged in transacting at least some business in pennsylvania, without having complied with the provisions ..... as to service of process upon the insurance commissioner of pennsylvania. a suit was brought on the contract in a pennsylvania court, process was served on the state insurance commissioner alone, a personal judgment taken against the insurance company, and suit brought ..... of indiana issued a policy of insurance upon the life of a citizen of pennsylvania, the beneficiaries being also citizens of that commonwealth. the contract of insurance was made in indiana without the insurance company having filed the stipulation required by page 204 u. s. 9 the local statute .....

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Mar 25 1907 (FN)

Rochester Ry. Co. Vs. Rochester

Court : US Supreme Court

Decided on : Mar-25-1907

..... principles steadily in mind, we proceed to inquire whether the state of new york has authorized or directed the transfer from the brighton railroad to the rochester railroad of the contract of exemption. a legislative authorization of the transfer of "the property and franchises," morgan v. louisiana, ub. sup., picard v. tennessee &c.;, ubi supra, of "the ..... contention presents the question to be decided. this court has frequently had occasion to decide whether an immunity from the exercise of governmental power which has been granted by contract to one has, by legislative authority, been vested in or transferred to another, and in the decisions certain general principles, which control in the determination of the ..... rights, privileges, page 205 u. s. 237 and franchises of a corporation to another corporation does not authorize the transfer of a legislative contract of immunity from assessment. where a corporation incorporates under a general act which creates certain obligations and regulations, it cannot receive by transfer from another corporation an exemption which ..... in favor of the continuance of governmental power, and that clear and unmistakable evidence of the intent to part therewith is required, which applies to determining whether a legislative contract of exemption from such power was granted, also applies to determining whether its transfer to another was authorized or directed. a legislative authority to transfer the estate, property, .....

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Mar 11 1907 (FN)

United States Vs. Bethlehem Steel Co.

Court : US Supreme Court

Decided on : Mar-11-1907

..... no. of date for delivery date of delivery extent of carriages fixed by contract (actual) delay ----------------------------------------------------------- 16 aug. 4, 1898 jan. 28, 1899 77 days 17 sept. 4, 1898 mar. 6, 1899 183 " 18 oct. 4, 1898 apr. 13 ..... carriages, and ultimately delivered them to the united states, and they were accepted by the latter. the following table gives first, the date fixed by the said contract for the delivery of each one of said carriages; second, the date of its delivery, and, third, the extent of the delay in its delivery." ----------------------------------------------------------- ..... should prefer, instead of taking the average difference, that the exact difference per day for each particular carriage should be prescribed, the forms will be altered accordingly." "the contracts are returned, hoping this explanation will be satisfactory." "respectfully, d. w. flagler" " brigadier general, chief of ordnance " "thereafter it was found that an error ..... " "united states army" "washington, april 4, 1898" "the bethlehem iron co., south bethlehem, pa." "gentlemen: i am instructed by the chief of ordnance to transmit herewith contract, in quintuplicate, dated the 4th instant, for six 12-inch disappearing gun carriages, model 1896, for execution and return to this office." "respectfully, r. birnie" " capt., .....

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Feb 25 1907 (FN)

Gulf Colorado and Santa Fe Ry. Co. Vs. Texas

Court : US Supreme Court

Decided on : Feb-25-1907

..... find itself mulcted in penalties for not obeying the law of the other jurisdiction, simply because the shipper intended a transportation beyond that specified in the contract. it must be remembered that there is no presumption that a transportation, when commenced, is to be continued beyond the state limits, and the ..... had reached texarkana, to forward them to some other place outside the state? to state the question in other words -- if the only contract of shipment was for local transportation, would the state law in respect to the mode of transportation be set one side by a federal law ..... the corn, in obedience to the demands of the owner, to the texas & pacific railway company, to be delivered by it, under its contract with such owner. whatever obligations may rest upon the carrier at the terminus of its transportation to deliver to some further carrier, in obedience to ..... saylor & burnett and should be shipped to goldthwaite, from texarkana as soon as practicable, and, on december 26th, 1901, two days after this contract for purchase had been made, hardin was informed that the corn with which harroun commission company expected to fill his order would be sacked in ..... those findings are conclusive upon this court. an interstate shipment -- in this case of carload lots -- on reaching the point specified in the original contract of transportation, ceases to be an interstate shipment, and its further transportation to another point within the same state, on the order of the consignee .....

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Jan 07 1907 (FN)

Cleveland Elec. Ry. Co. Vs. Cleveland

Court : US Supreme Court

Decided on : Jan-07-1907

..... the action of the city council and the acceptance by the complainant of the various ordinances and resolutions adopted by that council, a valid contract has been entered into between the city and the complainant, by which the right to use the streets named in the ordinances by the garden ..... should be finally adjudicated upon by a court. a temporary restraining order was granted. the defendants made separate answers, denying the existence of any contract between the complainant and the city upon the subject of the garden street branch subsequent to march 22, 1905, and the forest city railway company ..... railroad, passed by the city council january 11, 1904, on the ground that it was null and void because it impaired the obligations of various contracts which the complainant alleged had been entered into between the complainant and the city, providing for the use until either july 13, 1913, or ..... council of cleveland, and the acceptance by the cleveland electric railway company of the various ordinances adopted by the council did not amount to a contract between the city and the company extending the time of the franchise involved in this action, and a later ordinance affecting that franchise after its ..... blair v. chicago, 200 u. s. 400 , 200 u. s. 471 . the ohio legislature has granted the city of cleveland comprehensive power to contract with street railroad companies with regard to the use of its streets and length of time, not exceeding twenty-five years, for which such franchise may be .....

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Dec 16 1907 (FN)

Vandalia Railroad Co. Vs. Indiana

Court : US Supreme Court

Decided on : Dec-16-1907

..... the board of trustees of the town of myler, as an inducement to and consideration for entering into the compromise agreement pleaded, and that said contract having been legally executed and not rescinded, the railway company was thereby absolved from the duty declared upon, to construct and maintain a grade crossing ..... federal character. now, the construction of a pleading, the meaning to be given to its various allegations, and the determination of the validity of a contract made by parties in reference to real estate in the state, are, as a rule, local questions. doubtless this court is not concluded by the ..... the attempt to open the street. but the supreme court held that these were merely matters of inducement leading up to the making of the contract for a viaduct; that they were only presented for the purpose of showing the state of the controversy, which was settled between the parties by ..... said conflicting claims of the relator, and the defendant, the relator, acting by its then board of public works, made and entered into a contract whereby the defendant agreed to construct a steel viaduct above and across its tracks at said elmira street where claimed by the relator, and the relator ..... the state of indiana syllabus the construction of a pleading, the meaning to be given to its various allegations, the determination of the validity of a contract in reference to real estate within the state, and whether the form of remedy sought is proper are, as a general rule, local questions. .....

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Dec 02 1907 (FN)

Polk Vs. Mutual Reserve Fund Life Ass'n

Court : US Supreme Court

Decided on : Dec-02-1907

..... amendment made to us is that the reincorporation, under the circumstances of this case, deprived the complainants of their vested rights and privileges and property rights under their contracts without due process of law. since the incorporation has deprived the complainants of no vested rights, privileges, or property, the contention fails. the whole argument of ..... . the first question certified is whether the incorporation of the company and the transfer to it of the assets, property, and membership of the association impaired any contract obligations between the association and the complainants. this question possibly implies that, by the reincorporation, an entirely new corporation was created to which the property of the ..... protection of the laws." the circuit court of appeals desires instruction upon the following: " questions " "1. does the amended bill of complaint disclose that any contract obligations between complainants and the defendant mutual reserve fund life association were impaired by the incorporation of the mutual reserve life insurance company in 1902, pursuant to the provisions ..... to alter, amend, or repeal charters, a law permitting mutual life associations to reincorporate as regular life insurance companies is not unconstitutional as impairing the obligation of the contracts existing between such associations and their policyholders, or as depriving such policyholders of their property without due process of law. wright v. minnesota mutual life insurance co., .....

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