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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1912 Page 1 of about 50 results (0.136 seconds)

May 13 1912 (FN)

Philadelphia, B. and W. R. Co. Vs. Schubert

Court : US Supreme Court

Decided on : May-13-1912

..... the alleged defects of a particular scheme may be permitted to determine the validity of the statute, which is general in its application. . . . 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 of enforcement ..... 2071 of the code of iowa. this section, in the cases within its purview, abrogated the fellow servant rule, and the amendment provided: "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 and such corporation or any other person or association acting for ..... , 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. . . . it does not aid the argument to describe the defense as ..... 215 u. s. 87 , 215 u. s. 97 -98), contained explicit provision that such a contract or the acceptance of benefits thereunder should not defeat the action. section 3 of that act was as follows: "that no contract of employment, insurance, relief benefit, or indemnity for injury or death, entered into by or on behalf of any employee, nor the acceptance of .....

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May 13 1912 (FN)

Leary Vs. United States

Court : US Supreme Court

Decided on : May-13-1912

..... principal bill to raise a trust for the government, and also that, so far as appears, it might be brought upon a supposed implied contract, whereas no such undertaking of indemnity would be implied by the law, citing united states v. ryder, 110 u. s. 729 . but observing that the petition might be ..... the petitioner knew of this suit, and still less that she knew the position taken by kellogg. he set up that the stock was taken as indemnity to himself for his promise to indemnify leary, etc., and said nothing about the petitioner's claim. if that claim is well founded and she ..... securities held in trust or on deposit" by kellogg from greene, being the above-mentioned railroad stock, should remain in kellogg's hands as security and indemnity to leary for signing the bond. it goes on to allege greene's failure to appear, a forfeiture of the bond, a suit upon it brought ..... under an agreement indemnifying him as bail of the party fraudulently procuring such funds was, under the circumstances of this case, entitled to intervene. a contract that certain specific assets in the hands of a trustee should be held as security for a specific contingent claim is necessarily express, and is nonetheless ..... amended in these respects, it held that amendment would be unavailing, as the contract was against public policy and void. 163 f. 442. the circuit court .....

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May 27 1912 (FN)

United States Fidelity and Guaranty Co. Vs. Bray

Court : US Supreme Court

Decided on : May-27-1912

..... of the eichels. by the bill the surety company asserts (1) that, under the indemnity agreements made with it by the contractor, under the contracts with the government and the bonds given pursuant to the act of august 13, 1894, supra, for their performance, and ..... to the payment of general claims as to which recourse cannot be had to the bond of the contractor. the seven banks which gave the indemnity bond to the surety company are no longer creditors of the bankrupt's estate, their claims being now held by bray or one or both ..... 19, 1905, had on hand a balance of $36,602.96, subject to allowances and costs of administration yet undetermined. the completion of the contracts was undertaken in the expectation of all concerned that a profit to the estate would result therefrom, but the expectation was not realized. in march, 1906 ..... and expense whatever incurred by said the united states page 225 u. s. 209 fidelity & guaranty company in adjusting such loss or in completing said contract, as conclusive evidence against it, its successors and assigns, of the fact and extent of its liability under said obligation to the said the united states ..... the bankrupt's estate, who was sued in that capacity and also as an individual, is a citizen and resident of indiana. the bankrupt, the evansville contract company, was no indiana corporation. of course, the national banks are federal corporation, but their citizenship and places of residence are, for jurisdictional purposes, as .....

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Dec 02 1912 (FN)

German Alliance Ins. Co. Vs. Home Water Supply Co.

Court : US Supreme Court

Decided on : Dec-02-1912

..... had therein was indirect -- that incidental benefit only which every citizen has in the performance of every other contract made by and with the government under which he lives, but for the breach of which he has no private right of action. he is ..... page 226 u. s. 231 agreement was not made to pay a debt or discharge a duty to the spartan mills, but, like other municipal contracts, was made by spartanburg in its corporate capacity, for its corporate advantage, and for the benefit of the inhabitants collectively. the interest which each taxpayer ..... the much controverted question as to a water company's liability to a taxpayer for failure to furnish fire protection according to the terms of its contract with the city. the courts have almost uniformly held that municipalities are not bound to furnish water for fire protection. such was the unquestioned ..... water supply company on the ground that the fire could easily have been extinguished and the damage prevented if the water company had complied with its contract and duty to furnish the inhabitants of the city with water for fire protection. the complaint alleged that, on february 14, 1900, the city ..... right to fire protection if, instead of doing so itself, the city contracted with a private company to furnish water. it bought the citizen no new right of action, and did not bargain to secure for him an indemnity against loss by fire, but left him to protect himself against that hazard .....

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Jan 15 1912 (FN)

Second Employers' Liability Cases

Court : US Supreme Court

Decided on : Jan-15-1912

..... provisions of this act, such common carrier may set off therein any sum it has contributed or paid to any insurance, relief benefit, or indemnity that may have been paid to the injured employee or the person entitled thereto on account of the injury or death for which said action was ..... possesses the power to impose that liability, which we here hold that it does, it also possesses the power to insure its efficacy by prohibiting any contract, rule, regulation, or device in evasion of it. coming to the question of classification, it is true that the liability which the act creates ..... to exempt itself from the liability which the act creates is repugnant to the fifth amendment to the constitution as an unwarranted interference with the liberty of contract. but of this it suffices to say, in view of our recent decisions in chicago, burlington & quincy railroad co. v. mcguire, 219 u ..... are so engaged, and (3) because the act offends against the fifth amendment to the constitution (a) by unwarrantably interfering with the liberty of contract, and (b) by arbitrarily placing all employers engaged in interstate commerce by railroad in a disfavored class, and all their employees engaged in such commerce ..... a liability imposed by congress on interstate carriers does not deprive any person of property without due process of law, or abridge liberty of contract in violation of the fifth amendment. quaere whether an element of the due process provisions of the fifth amendment is the equivalent of the .....

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Jun 07 1912 (FN)

Zeckendorf Vs. Steinfeld

Court : US Supreme Court

Decided on : Jun-07-1912

..... in our minds that the stockholders intended to affirm the previous transactions except so far as they related to steinfeld's right to hold the money and notes for his indemnity, and that steinfeld acquiesced in such modification as one of the stockholders. in interpreting the action of the stockholders in passing the resolution, the facts and circumstances surrounding them may ..... , with interest, and upon your assuming and guaranteeing with security satisfactory to me the performance on your part, of all the matters and things and payments which, under the various contracts, i am liable or responsible for. to this end, i herewith submit to you the following proposition." the silver bell company was given until october 15, 1901, to accept the ..... mining operations. william and julia zeckendorf were the owners of a certain mine known as the old boot or mammoth mine, which was being operated by the carl nielsen under contract with steinfeld as trustee of the owners. nielsen became so indebted to the partnership that, in order to secure such indebtedness, in january, 1899, a company was incorporated under the ..... court. under the circumstances, the appointment of a receiver and his continuance for final settlement of the affairs of the company was proper. the facts, which involve the construction of contracts relating to sale of mining properties in arizona, are stated in the opinion. mr. justice day delivered the opinion of the court. louis zeckendorf brought this suit in the district .....

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Jan 15 1912 (FN)

Herrera Vs. United States

Court : US Supreme Court

Decided on : Jan-15-1912

..... action was embraced in the stipulation in the treaty of peace between spain and the united states, by which they "mutually relinquished all claims for indemnity, national and individual, of every kind, of either government, or of its citizens or subjects, against the other government, that may have arisen ..... such destruction was wrongful and unnecessary, a tort was committed, and though committed in the interest of the united states, there was no element of contract, and the action was not one of which the court of claims could "take cognizance, whatever other redress was open to the plaintiff." we have ..... , as expressed in the act, omitting grounds of action with which the case was not concerned, that court was given jurisdiction of suits "upon any contract, express or implied, with the government of the united states, or for damages, liquidated or unliquidated, in cases not sounding in tort." considering whether ..... and that, besides, the record does not show a "convention between the parties" or circumstances from which a contract could be implied, and that therefore the case is one sounding in tort, and claimants have no right of recovery. the court found as ..... worth" the sum of $5,000, amounting in all to the sum of $93,200. claimants base their right to recover upon an implied contract arising from the facts which we shall presently detail. opposing this view, the government contends that the property was enemy property seized for military uses, .....

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Apr 08 1912 (FN)

Title Guaranty and Surety Co. Vs. Nichols

Court : US Supreme Court

Decided on : Apr-08-1912

..... the onus was upon the surety company to prove a breach of the obligation to make examinations. piedmont & a. l. ins. co. v. ewing, 98 u. s. 377 ; american credit indemnity co. v. wood, 73 f. 81; redman v. aetna ins. co., 49 wis. page 224 u. s. 352 431; murray v. new york life ins. co., 85 n.y. 236 ..... contract subject to a condition precedent, the performance of that condition must be averred and proved; but if the contract sued upon is subject to a condition subsequent, there is no occasion for any averment in respect to the condition. it is ..... condition here involved, if properly a condition at all, is of the latter class. the coming into effect of a contract may be made to depend upon the happening or performance of a condition. but a condition subsequent presupposes a contract in effect which may be defeated by the happening or performance of a condition. where, therefore, an action is upon a .....

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Mar 11 1912 (FN)

Henry Vs. A. B. Dick Co.

Court : US Supreme Court

Decided on : Mar-11-1912

..... see the application of english cases in view of the possible difference between the public policy of great britain concerning the right, irrespective of the patent law, to make contracts with the monopolistic restriction which the one here recognized embodies and the public policy of the united states on that subject, as established, after great consideration, by this ..... transferred to miss skou, and the very existence of the particular restriction under consideration presupposes such right of complete enjoyment, and because of its possession there was engrafted a contract restriction not upon the use of the machine, but upon the materials. and these considerations are equally applicable to the exercise of the exclusive right to vend protected ..... be confined to sporadic or isolated cases, but will be as broad as society itself, affecting a multitude of people, and capable of operation upon every conceivable subject of human contract, interest, or activity, however page 224 u. s. 50 intensely local and exclusively within state authority they otherwise might be. third, because the gravity of the consequences ..... affairs, whether of internal commerce or of police regulation." in that case, the question was not one of infringement, but one arising in a suit to enforce certain contracts directly restraining commerce in patented articles which were claimed to violate the sherman law, although the agreements covered only patented articles. the court, after referring to the exceptions to .....

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Dec 16 1912 (FN)

United States Vs. Reading Co.

Court : US Supreme Court

Decided on : Dec-16-1912

..... removed forever. upon this aspect of the case, we find ourselves in agreement with judge buffington, who concluded a discussion of the evidence by saying: "by such perpetual contracts . . . , these defendant railroads, through their subsidiary coal companies, severally made with other collieries, these combiners withdrew and still continue to withdraw such product for all ..... many years before this proceeding, they maintained an organization called "the anthracite coal operators' association," and through that body endeavored to improve their situation. the series of contracts here involved were all made since 1900, and are therefore subsequent to the combination through the temple iron company, already considered. the charge is that, since that combination ..... product of their mines for the consideration of sixty-five percent of the average market price at tidewater. thus there exists, independently of any agreement, combination, or contract between the several defendant carrier companies for the purpose of suppressing competition among them, this condition: first: excluding two carrier companies not made defendants, which reach ..... company; the hillside coal company; the reading company, and the temple iron company. by an amendment, certain other defendants were brought in, consisting of holders of contracts made by independent operators of coal mines and trustees holding securities which might be affected by the relief sought against the carrier and coal mining companies, the original .....

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