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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1911 Page 1 of about 38 results (0.079 seconds)

Dec 04 1911 (FN)

Grigsby Vs. Russell

Court : US Supreme Court

Decided on : Dec-04-1911

..... to deny the right to sell except to persons having such an interest is to diminish appreciably the value of the contract in the owner's hands. the collateral difficulty that arose from regarding life insurance as a contract of indemnity only ( godsall v. boldero, 9 east 72), long has disappeared ( phoenix mutual life ins. co. v. ..... had become void by the failure of burchard to pay the third premium ad diem, and that, when grigsby paid, he was making a new contract. but a condition in a policy that it shall be void if premiums are not paid when due means only that it shall be voidable at ..... interest in the life insured is the public policy that refuses to allow insurance to be taken out by such persons in the first place. a contract of insurance upon a life in which the insured has no interest is a pure wager that gives the insured a sinister counter-interest in having ..... fire & marine ins. co., 135 mass. 248. the company waived the breach, if there was one, and the original contract with burchard remained on foot. no question as to the character of that contract is before us. it has been performed and the money is in court. but, this being so, not only does the objection ..... bailey, 13 wall. 616). and cases in which a person having an interest lends himself to one without any, as a cloak to what is in its inception a wager have no similarity to those where an honest contract .....

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Feb 20 1911 (FN)

Chicago, Burlington and Quincy R. Co. Vs. Mcguire

Court : US Supreme Court

Decided on : Feb-20-1911

..... agreements of absolute waiver. the policy of the amendatory act was the same as that page 219 u. s. 572 of the original statute. its provision that contracts of insurance relief, benefit, or indemnity, and the acceptance of such benefits, should not defeat recovery under the statute, was incidental to the regulation it was intended to enforce. assuming the right ..... use and operation of any railway on or about which they shall be employed, and no contract which restricts such liability shall be legal or binding." the amendment of 1898 added the following provision: "nor shall any contract of insurance relief, benefit or indemnity in case of injury or death entered into prior to the injury between the person so injured ..... contract for insurance relief should limit the liability for damages, upon what ground can it be said that it was beyond the legislative ..... of enforcement, the authority to enact this inhibition cannot be denied. if the legislature had the power to prohibit contracts limiting the liability imposed, it certainly could include in the prohibition stipulations of that sort in contracts of insurance relief, benefit or indemnity, as well as in other agreements. but if the legislature could specifically provide that no .....

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Nov 20 1911 (FN)

Hussey Vs. United States

Court : US Supreme Court

Decided on : Nov-20-1911

..... to be dismissed, and he, as executor and individually with curtis, was released "from all claims, debts, dues, or demands due . . . by reason of the contract or under said will, or any other matter or thing." the date of this receipt was july, 1855. this and the other transactions were, we repeat, contemporaneous with ..... was private, without authority therefor from the probate court, and was made for the joint benefit of perry and curtis "as copartners in interest in the contract for the sale of the premises known as the "united states assay office," and the conversion of the same into a branch mint," and was made to ..... by such partners of the lot, the building thereon, and of the machinery, tools, and fixtures in the building then used for assaying purposes; that the contract and its execution by curtis were for the benefit of the partnership. it also alleged the appraisement of the lot and tools and fixtures, respectively at $40,000 ..... (in 1852) for the establishment of a branch mint in the state of california, and for that purpose authorized the secretary of the treasury to make a contract for the erection of a building and procuring the necessary machinery at a sum not exceeding $300,000. the secretary of the treasury, in execution of the ..... make. he then might have been able to defend against it, and the united states, against the consequence of the disavowal, could have sought indemnity against perry and curtis. she must be deemed to have ratified the sale. judgment affirmed. .....

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Apr 03 1911 (FN)

Vilas Vs. Manila

Court : US Supreme Court

Decided on : Apr-03-1911

..... case: "the state's plenary power over its municipal corporations to change their organization, to modify their method of internal government, or to abolish them altogether, is not restricted by contracts entered into by the municipality with its creditors or with private parties. an absolute repeal of a municipal charter is therefor effectual so far as it abolishes the old corporate ..... clause, and provides for the repeal of "all acts, orders, and regulations" which are inconsistent with the provisions of the act. the charter contains no reference to the obligations or contracts of the old city. if we understand the argument against the liability here asserted, it proceeds mainly upon the theory that, inasmuch as the predecessor of the present city, the ..... by a mere change of sovereignty is obviously one which is without a shadow of moral force, and, if true, must result from settled principles of rigid law. while the contracts from which the claims in suit resulted were in progress, war between the united page 220 u. s. 354 states and spain ensued. on august 13, 1898, the city was ..... no evidence that the credit was given to the carriedo fund so held in trust under the will of carriedo. the contract was made with the ayuntamiento of manila, just as all other contracts for city supplies or works were made. the contract not having been made with special reference to the liability of the fund held in trust by the city, but .....

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Jan 03 1911 (FN)

Bailey Vs. Alabama

Court : US Supreme Court

Decided on : Jan-03-1911

..... jury to do so. although a state statute in terms be to punish fraud, if its natural and inevitable purpose is to punish for crime for failing to perform contracts of labor, thus compelling such performance, it violates the thirteenth amendment, and is unconstitutional. a constitutional prohibition cannot be transgressed indirectly by creating a statutory presumption any more ..... county charge that, before the finding of this indictment, alonzo bailey, with intent to injure or defraud his employer, the riverside company, a corporation, entered into a written contract to perform labor or services for the riverside company, a corporation, and obtained thereby the sum of fifteen dollars from the said the riverside company, and afterwards with like intent ..... was concerned with a fact, wherever it might exist -- with a condition, however named and wherever it might be established, maintained, or enforced. the fact that the debtor contracted to perform the labor which is sought to be compelled does not withdraw the attempted enforcement from the condemnation of the statute. the full intent of the constitutional provision could ..... be defeated with obvious facility if, through the guise of contracts under which advances had been made, debtors could be held to compulsory service. it is the compulsion of the service that the statute inhibits, for when that occurs, .....

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May 15 1911 (FN)

Standard Oil Co. of New Jersey Vs. United States

Court : US Supreme Court

Decided on : May-15-1911

..... foreign commerce was brought about could save such restraint from condemnation. the statute, under this view, evidenced the intent not to restrain the right to make and enforce contracts, whether resulting from combination or otherwise, which did not unduly restrain interstate or foreign commerce, but to protect that commerce from being restrained by methods, whether old or ..... decisions, served to enforce and illustrate the purpose to prevent the occurrence of the evils recognized in the mother country as consequent upon monopoly, by providing against contracts or acts of individuals or combinations of individuals or corporations deemed to be conducive to such results. to refer to the constitutional or legislative provisions on the subject ..... practises in favor of the combination by railroad companies; restraint and monopolization by control of pipelines, and unfair practises against competing page 221 u. s. 43 pipelines; contracts with competitors in restraint of trade; unfair methods of competition, such as local price-cutting at the points where necessary to suppress competition; espionage of the business of ..... the averments bearing upon the second period (1882 to 1899) had relation to the claim: "that, during the said second period of conspiracy, the defendants entered into a contract and trust agreement page 221 u. s. 34 by which various independent firms, corporations, limited partnerships and individuals engaged in purchasing, transporting, refining, shipping and selling oil and .....

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May 15 1911 (FN)

Strassheim Vs. Daily

Court : US Supreme Court

Decided on : May-15-1911

..... was not to communicate the fact to the proper officer of the state or to the board of control, that the plant was put in, that the contract price was paid in full, and that thereafter daily paid armstrong $1,500, as he had agreed. but it may be assumed, for the moment, ..... and to delay shipment. at the latter date, he told armstrong that eminger, the secretary of the company, had objected to the word "new" in the contract, and was afraid they would have trouble with the consulting engineer, but armstrong replied that he did not think they would have any trouble with him. finally, ..... of armstrong accompanying the requisition, it is stated explicitly that the present was offered if armstrong would let daily substitute his old machinery for new in case a contract should be made. on july 22, 1907, the successful bid of the hoover & gamble company was sent in. it was signed by daily, and ..... only to show that the guaranty is fulfilled. the guaranty does not exclude other representations and undertakings. as has been seen, it was expressed in the contract that the subject matter of the guaranty was machinery to be manufactured and new. if old machinery was put in and represented to be new, it ..... that he was authorized to accept the machinery and to pay for it from the funds of the state under his control; that said board and armstrong contracted with the hoover & gamble company, acting through daily, the agent, and one eminger, the secretary of the company, for the purchase of such machinery, all .....

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Apr 03 1911 (FN)

Dr. Miles Medical Co. Vs. John D. Park and Sons Co.

Court : US Supreme Court

Decided on : Apr-03-1911

..... goods procured by the defendant from "wholesale agents" were goods consigned to the latter for sale. the description "wholesale agent" refers to those who have signed the "consignment contract." this contract, however, permits one "wholesale agent" to sell to another "wholesale agent." for all that appears, the goods procured by the defendant may have been purchased by the ..... by means "of false and fraudulent representations and statements, and by surreptitious and dishonest methods, and by persuading and inducing, directly and indirectly," a violation of their contracts. it is further charged that the defendant, having procured the remedies in this manner, had advertised and sold them at less than the jobbing and retail prices established by ..... effect:" " consignment contract -- wholesale " "the dr. miles medical company" "this agreement made by and between the dr. miles medical company, a corporation, of elkhart, indiana, hereafter referred to as ..... and reputation," the complainant had established a method "of governing, regulating, and controlling the sale and marketing" of its remedies, which is thus described in the bill: "contracts in writing were required to be executed by all jobbers and wholesale druggists to whom your orator sold its aforesaid remedies, medicines, and cures, of the following tenor and .....

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Mar 06 1911 (FN)

Virginia Vs. West Virginia

Court : US Supreme Court

Decided on : Mar-06-1911

..... to no expense. finally, an act of march 6, 1900, authorized the commission to receive and take on deposit the certificates upon a contract that the certificate holders would accept the amount realized from west virginia in full settlement of all their claims under the same. it also authorized ..... the state of west virginia that the legislature shall ascertain the proportion as soon as may be practicable was not intended to undo the contract in the preceding words by making the representative and mouthpiece of one of the parties the sole tribunal for its enforcement. it was simply ..... adopt, but we are of opinion that her share should be ascertained in a different way. all the modes, however, consistent with the plain contract of west virginia, whether under the wheeling ordinance or the constitution of that state, come out with surprisingly similar results. it was argued, to ..... expenditures within the limits thereof, and a just proportion of the ordinary expenses of the state government since any part of said debt was contracted, and deducting therefrom the moneys paid into the treasury of the commonwealth from the counties included within the said new state during the same ..... balances, subject to accounting for the surplus on hand received from counties outside of the new state. then follows an argumentative averment of a contract in the constitution of west virginia to assume an equitable proportion of the above-mentioned public debt, as hereafter will be explained. attempts between .....

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Feb 20 1911 (FN)

Louisville and Nashville R. Co. Vs. Mottley

Court : US Supreme Court

Decided on : Feb-20-1911

..... is carried on among the states, whether it is state legislation or private contracts between individuals or corporations, should be subject to the power of congress in the regulation of that commerce." these authorities and principles condemn the proposition that the defendants in error ..... , and in the violation of an act of congress upon that subject. the provision in the constitution does not, as we believe, exclude congress from legislating with regard to contracts of the above nature while in the exercise of its constitutional right to regulate commerce among the states. . . . anything which directly obstructs and thus regulates that commerce which ..... regulating interstate commerce as to render that agreement unenforceable or to impair its value. that the exercise of such power may be hampered or restricted to any extent by contracts previously made between individuals or corporations is inconceivable. the framers of the constitution never intended any such state of things to exist. it is said that if congress ..... u. s. 479 be made in respect of the prohibition of free tickets, free passes, and free transportation. it solved the question when, without making any exceptions of existing contracts, it forbade by broad, explicit words any carrier to charge, demand, collect, or receive a "greater or less or different compensation" for any services in connection with the .....

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