Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1910 Page 1 of about 49 results (0.071 seconds)

Feb 21 1910 (FN)

Penman Vs. St. Paul Fire and Marine Ins. Co.

Court : US Supreme Court

Decided on : Feb-21-1910

..... and appliances in daily use in the business of the company. the rules of construction applicable to such a contract of insurance are well settled. the object of the contract is indemnity against the loss by fire of the business plant, or any portion of it, while used and occupied by ..... effective for the protection of the insured. in other words, the contract should be liberally construed in aid of the indemnity which was in contemplation of the parties who made it. w. & a. pipe lines ..... removed to the united states court for the western district of pennsylvania. plaintiff's statement, to use the local name for her pleading, alleged a contract of insurance whereby the insurance company insured, for the term of three years, against direct loss by fire, "a two-story shingle-roofed building, ..... against modification by custom of trade or manufacture or by agents, and are unambiguous, courts cannot admit parol testimony to alter the written words of the contract. northern assurance co. v. grand view building association, 183 u. s. 308 . 151 f. 961, affirmed. the facts, which involve ..... the owners in the manner and for the purposes for which it was designed. if its provisions are susceptible of two or more interpretations, that one should be adopted that will make the contract .....

Tag this Judgment!

Jan 17 1910 (FN)

MankIn Vs. Ludowici-celadon Co.

Court : US Supreme Court

Decided on : Jan-17-1910

..... statute, and the purpose of congress to provide security for payment for labor and material going into the construction of a public building, it was intended thereby to provide indemnity for a person or persons who furnished labor or materials to the subcontractor, thereby enabling the contractor to meet his engagement to supply the material and labor necessary to the ..... himself by requiring a bond securing him against liability on account of engagements of the subcontractor with persons who furnish labor and material upon his order. indeed, the present contract contained, as the record shows, a provision that the general contractor reserved the right to require a full release from all claims for which he had become liable for ..... persons supplying the contractor with labor and materials, and furnishing the affidavit that the same were supplied for the prosecution of such work, shall have a certified copy of the contract and bond for the purposes of the suit. the additional phrase used in this connection, "the person or persons supplying the contractor with labor and materials," it is contended, ..... . the building was completed about july 12, 1906, was accepted by the government, and payment therefor was made to the mankin construction company, in accordance with the terms of the contract. the defendants in error, the ludowici-celadon company, the nelson manufacturing company, and the j. l. mott iron works, respectively, sold and delivered to smythe, the subcontractor, certain materials .....

Tag this Judgment!

Dec 12 1910 (FN)

Thompson Vs. Thompson

Court : US Supreme Court

Decided on : Dec-12-1910

..... without his participation or sanction: provided, that no married woman shall have power to make any contract as surety or as guarantor, or as accommodation drawer, acceptor, maker, or indorser." the court below held that these provisions did not authorize an ..... unmarried, and upon judgments recovered against them execution may be issued as if they were unmarried; nor shall any husband be liable upon any contract made by his wife in her own name and upon her own responsibility, nor for any tort committed separately by her out of his presence ..... . reading this section, it is apparent that its purposes, among others, were to enable a married woman to engage in business and to make contracts free from the intervention or control of the husband, and to maintain actions separately for the recovery, security, and protection of her property. at the ..... , without his participation or sanction: provided, that no married woman shall have power to make any contract as surety or guarantor, or as accommodation drawer, acceptor, maker, or indorser." in construing a statute, the courts are to have in mind the ..... were unmarried, and upon judgments recovered against them execution may be issued as if they were unmarried; nor shall any husband be liable upon any contract made by his wife in her own name and upon her own responsibility, nor for any tort committed separately by her out of his presence .....

Tag this Judgment!

Nov 28 1910 (FN)

United States Vs. Ansonia Brass and Copper Co.

Court : US Supreme Court

Decided on : Nov-28-1910

..... assembled, that the secretary of the treasury be, and he hereby is, authorized to make partial payments, from time to time, upon existing contracts and all contracts hereafter made for the construction of vessels for the treasury department, but not in excess of 75 percent of the amount of the value ..... quality." "if the trigg company should fail to begin or prosecute the work in accordance with the specifications, which were made part of the contract, the contract might be annulled by the government. in that case, all payments were to cease, and all money or reserved percentage must page 218 u. ..... in the building of the vessel, who might become entitled, by reason of such claims against the company, to liens upon the property. the contract was made with the virginia corporation, and it was intended that the bond required of the trigg company should protect the government against rights arising ..... lessens the binding force of the clear and distinct provisions of 211 as to ownership. the parties therein dealt with a specific part of the contract, they expressed themselves clearly upon the subject, and it is not to be presumed, in the absence of clear expression or necessary implication, that ..... trigg company should be responsible for and pay all liabilities incurred in the prosecution of the work for labor and materials." "section 9 of the contract was as follows:" " it is further agreed by and between the parties hereto that, until final inspection and acceptance of, and payment for, all .....

Tag this Judgment!

Feb 21 1910 (FN)

Wright Vs. Georgia R. and Banking Co.

Court : US Supreme Court

Decided on : Feb-21-1910

..... the limit of the fixed capital, it was provided that the engagements of the company should not exceed the company's capital, and that the officers and directors who should contract beyond that capital should be jointly and severally liable to the contractors and to the corporation. finally, no power was given to issue bonds, the usual incident to any modern ..... entered was one which reversed the judgment below and directed that the proceeding be dismissed for want of jurisdiction. this judgment in no way involved the construction of this exemption contract, nor the liability of the georgia railroad company to taxation upon its property, or otherwise, and does not therefore have any efficacy as an estoppel. there was therefore no error ..... of the legislature of that state to stipulate for either an entire or partial exemption from taxation. it is therefore not denied by the state that the charter constitutes a contract which may not be impaired by subsequent legislation. in view of this concession, we are only called upon to decide the extent of the charter exemption, and, incidentally, its duration ..... express limitation and method of taxation, such as in this case, by any method other than that specified therein, impairs the obligation of the charter and is unconstitutional under the contract clause of the federal constitution. a state statute authorizing or directing the grant or transfer of the privileges of a corporation which enjoys immunity from taxation or regulation should not .....

Tag this Judgment!

Dec 19 1910 (FN)

Title Guaranty and Trust Co. Vs. Crane Co.

Court : US Supreme Court

Decided on : Dec-19-1910

..... omission was only a formal defect. the language of the statute that, after giving the affidavit, the party should be furnished with a certified copy of the contract and bond, "upon which he or they shall have a right of action," etc., may be read as meaning "upon which bond" as easily as ..... built and accepted, and is now in possession of the united states. notwithstanding these facts, it was argued that the statute did not apply to the contract, because the laborers and materials had a lien by the state law, and that, even if the statute applied, they had lost their rights by not ..... work" within the meaning of the words as used. as a preliminary to the answer, it is relevant to mention that, by article 3 of the contract, partial payments are provided for as the "labor and materials furnished" equal certain percentages of the total, and that, by article 4 "the portion of ..... for the plaintiffs, against the surety, in the circuit court of appeals. 163 f. 168. the amended statute requires any person "entering into a formal contract with the united states for the construction of any public building, or the prosecution and completion of any public work, or for repairs upon any public building ..... seal, consideration is presumed; in this case, although the bond was not executed until ten days after execution page 219 u. s. 25 of the contract which it was given to secure, the transactions may be regarded as simultaneous. assignments of claims of materialmen on a public works held in this case not .....

Tag this Judgment!

Nov 28 1910 (FN)

Western Union Tel. Co. Vs. Commercial Milling Co.

Court : US Supreme Court

Decided on : Nov-28-1910

..... of the equal protection of the laws. this is sought to be sustained on the ground that express companies and other common carriers may by contract limit their liability. the argument to sustain the contention is in effect that which we have considered. if an unjust discrimination is intended to be ..... of that state; it was disregarded in pennsylvania, where the act of negligence occurred, and the law of the latter enforced. in this case, the contract limiting liability was made in michigan, the negligent act occurred in another state, and yet the limitation, it is insisted, is void. in other ..... commerce, that it was valid at common law, and that the statute of iowa was void and unconstitutional, "as being an attempt to regulate and limit contracts relating to interstate commerce." the contentions were rejected. the court said (p. 169 u. s. 137 ): page 218 u. s. 418 "railroad corporations ..... defendant within and without this state for a single charge." the service was not performed, and for the breach of the common law and contract duty the milling company has brought suit, it was said, and that the telegraph company seeks to avoid liability by the stipulation on the ..... company moved for a new trial, repeating the propositions expressed in the instructions, and added the further ground that the statute, when construed as prohibiting contracts between persons sui juris, is in violation of the fourteenth amendment to the constitution of the united states. judgment was entered on the verdict, .....

Tag this Judgment!

May 02 1910 (FN)

Grenada Lumber Co. Vs. Mississippi

Court : US Supreme Court

Decided on : May-02-1910

..... the federal constitution. the decree must therefore be affirmed. [ footnote 1 ] "5002. (4437) definition of term; criminal conspiracy (laws 1900, c. 88). -- a trust and combine is a combination, contract, understanding, or agreement, expressed or implied, between two or more persons, corporations, or firms, or associations of persons, or between one or more of either with one or more of ..... destroyed by legislative enactment. in pursuance of that freedom, parties may seek to further their business interests, and it may not be always easy to draw the line between those contracts which are beyond the reach of the police power, and those which are subject to prohibition or restraint. but a secret arrangement, by which, under penalties, an apparently existing ..... limitation upon the legislative power will be found in the constitution of each state. that legislation night be so arbitrary or so irrational in depriving a citizen of freedom of contract as to come under the condemnation of the amendment may be conceded. in dealing with certain kansas legislation in regulation of state commerce which was claimed to be so ..... in an action by the state in equity, and not to enforce penalties, held that the antitrust statute of mississippi, 5002, code, is not unconstitutional as abridging the liberty of contract as against retail lumber dealers uniting in an agreement, which the state court decided was within the prohibition of the statute, not to purchase any materials from wholesale dealers selling .....

Tag this Judgment!

Apr 04 1910 (FN)

international Textbook Co. Vs. Pigg

Court : US Supreme Court

Decided on : Apr-04-1910

..... within the meaning of the constitution, especially where, as here, such intercourse and communication really relate to matters of regular, continuous business, and to the making of contracts and the transportation of books, papers, etc., appertaining to such business. in our further consideration of this case, we shall therefore assume that the business of the textbook ..... 17, that "all interstate commerce is not sales of goods. importation into one state from another is the indispensable element, the test, of interstate commerce, and every negotiation, contract, trade, and dealing between citizens of different states, which contemplates and causes such importation, whether it be of goods, persons, or information, is a transaction of interstate commerce." ..... before it should be "authorized or permitted to do any business" in colorado. it became necessary to inquire whether the ohio corporation, by reason of the above isolated contract, did business in colorado within the meaning of the constitution and laws of the latter state. this court said: "reasonably construed, the constitution and statute of colorado ..... communication between persons in different states through the mails and otherwise, and relating to matters of regular continuous business, such as teaching by correspondence, and the making of contracts relating to the transportation thereof, is commerce among the states within the commerce clause of the federal constitution. a state statute which makes it a condition precedent to .....

Tag this Judgment!

1910

Weems Vs. United States

Court : US Supreme Court

Decided on : Jan-01-1910

weems v. united states - 217 u.s. 349 (1910) u.s. supreme court weems v. united states, 217 u.s. 349 (1910) weems v. united states no. 20 argued november 30 december 1, 1909 decided may 2,19i0 217 u.s. 349 error to the supreme court of the philippine islands syllabus a paramount governmental authority may make use of subordinate governmental instruments without the creation of a distinct legal entity, as is the case of the united states and the united states government of the philippine islands. under the philippine criminal code of procedure, a public offense need not necessarily be described in the information in exact words of the statute, but only in ordinary and concise language, so as to enable a person of common understanding to understand the charge and the court to pronounce judgment. a charge describing the accused as a public official of the united states government of the philippine islands and his offense as falsifying a public and official document in this case held sufficient. carrington v. united states, 208 u. s. 1 , distinguished. the provision in rule 35 that this court may, at its option, notice a plain error not assigned is not a rigid rule controlled by precedent, but confers a discretion exercisable at any time, regardless of what may have been done at other times; the court has less reluctance to disregard prior examples in criminal, than in civil, cases, and will act under the rule when rights constitutional in nature or secured under a bill of .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //