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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1908 Page 1 of about 48 results (0.072 seconds)

Apr 06 1908 (FN)

Allemannia Fire Ins. Co. Vs. Firemen's Ins. Co.

Court : US Supreme Court

Decided on : Apr-06-1908

..... commercial world for a long number of years, and it is entirely different from what is termed "double insurance" -- i.e., an insurance of the same interest. the contract is one of indemnity to the person or corporation reinsured, and it binds the reinsurer to pay to the reinsured the whole loss sustained in respect to the subject of the insurance to ..... of payment specified in the policy of the fulton company -- otherwise the defendant's policy would not be the contract of indemnity intended, and endless litigation might ensue." bearing in mind what the contract of reinsurance, pure and simple, means, and how these contracts have been enforced in the past when some special language has been introduced in regard to the payment under a ..... reinsurance policy, the question arises whether, by the use of the language of the eleventh subdivision, the contract of reinsurance, while .....

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Apr 06 1908 (FN)

Ware and Leland Vs. Mobile County

Court : US Supreme Court

Decided on : Apr-06-1908

..... a policy of insurance is not a transaction of commerce. the policies are simple 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 ..... it was said: "if the power to regulate interstate commerce applied to all the incidents to which said commerce might give rise and to all contracts which might be made in the course of its transaction, that power would embrace the entire sphere of mercantile activity in any way connected with ..... of goods." while the general principles applied in these cases are not be denied, there is a class of cases which hold that contracts between citizens of different states are not the subjects of interstate commerce simply because they are negotiated between citizens of different states, or by ..... should be stipulated, agreed, and understood that an actual receipt and delivery of the cotton or grain was to be had, and that said contracts were transferable and assignable." the sole question here presented is whether the statute in question is an attempt to regulate interstate commerce, for if ..... were printed: "on all marginal business, we reserve the right to close transactions without further notice when margins are about exhausted, and to settle contracts in accordance with the rules and customs of the exchange on which the order is placed, it being understood and agreed in all trades that .....

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Jan 06 1908 (FN)

Employers' Liability Cases

Court : US Supreme Court

Decided on : Jan-06-1908

..... attributable to such employee. all questions of negligence and contributory negligence shall be for the jury." "sec. 3. that no contract of employment, insurance, relief, benefit, or indemnity for injury or death entered into by or on behalf of any employees, nor the acceptance of any such insurance, relief, benefit ..... trial of such action against any common carrier, the defendant may set off therein any sum it has contributed toward any such insurance, relief, benefit, or indemnity that may have been paid to the injured employee, or, in case of his death, to his personal representative." "sec. 4. that no action ..... of the states to provide against accidents on trains." in chicago &c.; railway v. solan, 169 u. s. 133 , a state statute forbidding a contract limiting liability for injury was sustained, the court, by mr. justice gray, saying: "the rules prescribed for the construction of railroads, and for their management ..... which it was within the constitutional power of the legislature to reach. it is the same rule which obtains in the interpretation of any private contract between individuals. that, whatever may be its words, is always to be construed in the light of the statute; of the law then ..... receivability of the coupons for "all taxes, debts, dues, and demands on the state" was in part beyond the constitutional power of the legislature, the contract evidenced by that statute was entirely void. the court, speaking by mr. justice brewer, answered this argument by saying, p. 135 u. s. 112 .....

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Feb 24 1908 (FN)

Atlantic Trust Co. Vs. Chapman

Court : US Supreme Court

Decided on : Feb-24-1908

..... there are cases where the court will, if the fund in court be insufficient to give the receiver reasonable compensation and indemnity, require the parties at whose instance he is placed in possession of the property to pay him. johnson v. garrett, 23 minn. 565; knickerbocker v. ..... fund which comes into his hands as receiver. the parties to the action are not personally liable therefor, unless they have given a bond or other contract to pay them as a condition of the appointment or continuance of the receiver. this may be conceded to be correct as a general rule, but ..... a receiver, as soon as he is appointed and qualifies, comes, as we have said, under the sole direction of the court. the contracts he makes or the engagements into which he enters from time to time under the order of the court are, in a substantial sense, the ..... contracts and engagements of the court. the liabilities which he incurs are liabilities chargeable upon the property under the control and in the possession of ..... mortgagor company in the usual and ordinary way as the same were then operated, discharging, so far as practicable, contracts for water supplies entered into by the company, collecting rents, tolls, moneys payable under water contracts, keeping the property in good condition and repair, employing needful agents and servants at such compensation as he deemed .....

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Dec 21 1908 (FN)

Bailey Vs. Alabama

Court : US Supreme Court

Decided on : Dec-21-1908

..... intent, without just cause, and without refunding such money or paying for such property, refuses or fails to cultivate such land, or to comply with his contract relative thereto, must, on conviction, be page 211 u. s. 456 punished by a fine in double the damage suffered by the injured party, but ..... . the statute of alabama referred to is as follows: "6845. any person who, with intent to injure or defraud his employer, enters into a contract in writing for the performance of any act or service, and thereby obtains money or other personal property from such employer, and with like intent, and ..... penalty a fine in double the damage suffered, one-half to go to the party injured, and creates a similar offense with regard to persons making contracts in writing "for the rent of land." it is contended that the statute, as it now stands, is unconstitutional under the thirteenth and fourteenth amendments ..... 1907, p. 636), amending the code of 1896, 4730. this section of the code made it an offense punishable like larceny to enter into a contract in writing for service with intent to injure or defraud the employer, and, after thereby obtaining money or personal property from such employer with such intent, ..... after a preliminary trial before a justice of the peace, the plaintiff in error was committed for detention on a charge of obtaining $15 under a contract in writing, with intent to injure or defraud his employer. at this stage, the writ was issued. if the supreme court had affirmed the denial .....

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May 18 1908 (FN)

La Bourgogne

Court : US Supreme Court

Decided on : May-18-1908

..... petitioner must have had privity or knowledge of the habit of running at an immoderate speed. ultimately considered, the proposition but asserts that the contract on its face manifested a clear purpose on the part of the french government and the petitioner to violate the international rule. we think ..... contractor." the deductions referred to in this provision evidently contemplated the system of fines and premiums concerning speed, contained in article 45 of the contract, as follows: "in the case that the mean annual speed fixed in article 20 above shall be exceeded, there shall be allowed to ..... cognizance of the operation of the steamers, to examine their logs and other documents, and to enforce in every particular the performance of the contract requirements. there was a clause, moreover, authorizing the presence on each steamer of an agent of the postal department and a delegation of ..... the french law, and that the steamers thereafter to be built for the service should come up to the requirements of construction exacted by the contract, and should also, before being permitted to enter the service, be inspected and certified as being properly constructed and equipped in every respect. to ..... for the distinct sailing between the regular termini, and does not include the freight earned on the outward trip. notwithstanding that, where a contract of transportation is unperformed and no freight is earned, no freight is to be surrendered, such freight and passage money as are received under .....

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Nov 30 1908 (FN)

Phoenix Bridge Co. Vs. United States

Court : US Supreme Court

Decided on : Nov-30-1908

..... many express exactions looking to the execution of the work so as to enable the bridge to be continuously operated for the passage of trains during the progress of the contract. the contract contained the following clause: "5th. if any default shall be made by the party of the first part in delivering all or any of the work mentioned in this ..... necessary to expressly provide for the contingency of the interruption of navigation by the execution of the work, when such interruption was impossible to arise if the duties which the contract imposed were executed according to their express requirements. as the findings beyond peradventure established that the liftspan was the most feasible and least expensive substitute page 211 u. s. 199 ..... work for supporting the drawspan, although in so doing the navigation of the river would be entirely obstructed. and, upon the assumption that such is the true interpretation of the contract, it is urged the final receipt which was given did not constitute accord and satisfaction for the expenditure made concerning the liftspan. in logical order, the question of accord and ..... from such failure. nothing contained in this stipulation shall be construed to prevent the chief of ordnance, at his option, upon the happening of any such default, from declaring this contract to be thereafter null and void, without affecting the right of the united states to recover for defaults which may have occurred; but, in case of overwhelming and unforeseen accident .....

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May 18 1908 (FN)

Reuben Quick Bear Vs. Leupp

Court : US Supreme Court

Decided on : May-18-1908

..... 362, c. 296; 21 stat. 292, c. 251; 22 stat. 30, c. 46; 25 stat. 895, c. 405; 26 stat. 146, 344." " * * * *" "accordingly, the following contracts were made by the united states with various sectarian organizations for the education of indian children from 'tribal funds' for the fiscal year ending june 30, 1906:" --------------------------------------------------------------------- name of school ..... funds for educational purposes under treaty stipulations, contracts were also made with the mission schools of the different denominations payable out of the treaty funds. in 1876, congress began the general appropriation 'for the support ..... among indian tribes not otherwise provided for, i.e., among tribes not having treaty stipulations providing funds for educational purposes, and these appropriations continued until 1876. contracts were made annually with the mission schools of the different denominations, payable out of this appropriation for the education of indian pupils. as to the tribes having ..... plaintiffs ask relief, as follows:" "i. that a permanent injunction issue against the said francis e. leupp, commissioner of indian affairs, to restrain him from executing any contract with the said bureau of catholic indian missions of washington, district of columbia, or any other sectarian organization whatever, for the support, education, or maintenance of any .....

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Mar 23 1908 (FN)

Ex Parte Young

Court : US Supreme Court

Decided on : Mar-23-1908

..... virginia had for its object to compel, by indirection, the performance of the contract which that commonwealth was alleged to have made with bondholders -- such performance, on the part of the state, to be effected by means of orders in a federal circuit court ..... it is said that the ayers case is not applicable here, because the orders made by the federal circuit court had for their object to compel virginia to perform its contract with bondholders, which is not this case. but that difference between the ayers case and this case cannot affect the principle involved. the proceeding against the attorney general of ..... against taxpayers, who, although they may have tendered tax-receivable coupons, are charged as delinquents, cannot be alleged against them as an individual act in violation of any legal or contract rights of such taxpayers." again: "the relief sought is against the defendants, not in their individual, but in their representative, capacity as officers of the state of virginia. the ..... the state was said not to be against the state, although the complainants sought to restrain the defendants, officials of the state, from violating, under an unconstitutional act, the complainants' contract with the state, and thereby working irreparable damage to the property rights of the complainants. osborn v. united states bank, supra, was cited, and it was stated: "but the .....

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Mar 16 1908 (FN)

Armour Packing Co. Vs. United States

Court : US Supreme Court

Decided on : Mar-16-1908

..... words, the court has unloaded upon congress the injustice which the construction placed by it upon the statute accomplishes. to my mind, a better way would be to enforce the contract and thus secure justice in this case, leaving to congress the enactment of additional legislation, if deemed necessary, to prevent the possibilities of secret arrangements between carrier and shipper. i ..... , and could have been enforced by the packing company against the railway company, but, according to the ruling of the court, the railway company was authorized arbitrarily to break the contract, raise the amount to be paid for transportation, thus unsettling the business of the shipper, even, it may be, to the extent of wholly destroying it. sustaining under those ..... remote from the place of delivery, and through a number of districts of the united states. if it was contemplated that the crime could only be committed when the carriage contracted for was concluded, quite a different provision would have been inserted than the one requiring punishment in the district where committed. congress, in passing this act and providing for ..... contention. upon august 17, 1905, the packing company delivered at kansas city, kansas, to the burlington company, sixty-seven tierces of oleo oil, property of the character covered by the contract, for export to christiania, norway, and upon receipt thereof at kansas city, kansas, the burlington company issued and delivered a bill of lading, agreeing to carry the same to the .....

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