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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1913 Page 1 of about 72 results (0.088 seconds)

Dec 15 1913 (FN)

New York Life Ins. Co. Vs. Deer Lodge County

Court : US Supreme Court

Decided on : Dec-15-1913

..... answer the question, and it would rack ingenuity to attempt to vary its expression or more aptly illustrate it. a policy of insurance, the cases declare, is a personal contract, a mere indemnity, for a consideration, against the happening of some contingent event which may bring detriment to life or property, and its character is the same no matter what the event ..... of the business done. "issuing a policy of insurance is not a transaction of commerce. the policies are simply 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 not subjects of trade and barter ..... taken on essentially a national and international character, and that, when paul v. virginia was decided, the business was "to a great extent local -- that is, conducted through the domestic contracts by stock companies. the great and commanding organizations of the present day had hardly begun the amazing developments which have made them page 231 u. s. 508 the greatest associations ..... , collect the first premium, and deliver the policy, which is prepared and transmitted from the home office to him for such purpose. the company also employs an agency director by contract in writing directly with the home office through the mails, who supervises the work of soliciting agents and recommends those who desire to become such. the company also employs medical .....

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Jan 07 1913 (FN)

Houghton Vs. Burden

Court : US Supreme Court

Decided on : Jan-07-1913

..... of one percent per month upon the amount of the uncollected accounts at the end of each month was agreed upon. thereupon the contract in question was executed, a bond of indemnity was given to burden, and something like 100 accounts, aggregating about $14,000, were duly assigned, upon which an advance of ..... per month upon whatever part of the advance shall remain uncollected on the said accounts, and for the period that the same shall remain uncollected." the indemnity bond, styled an "assigned accounts bond," is in the usual form, and is undoubtedly a device resorted to, to enable merchants to use book ..... agree upon the position burden desired. some weeks later, the negotiations were resumed, the broker saying that he might get additional security through an indemnity bond, by which the validity of the book accounts which were agreed to be assigned might be guaranteed as well as the payment of collections ..... is to act as agent for the lender in their collection, providing that the lender shall, in pursuance of a provision in a bond of indemnity given by third parties, examine the accounts and books of the borrower monthly and receive a compensation therefor equivalent to a specified percent of the ..... $10,000 was made. the contract is elaborate, and too lengthy to be set out page 228 u. s. 167 in full. in substance, .....

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Feb 24 1913 (FN)

Supreme Ruling of Fraternal Mystic Circle Vs. Snyder

Court : US Supreme Court

Decided on : Feb-24-1913

..... the enforcement of the contract. neither the contract nor the existing law which entered into it contemplated contests promoted in bad faith, or justified the infliction of loss by such means. ..... , which is not to exceed twenty-five percent of the liability on the policy. it cannot be said that this effort to give indemnity for the injuries which would be sustained through perverse methods and through an abuse of the privileges accorded to honest litigants imposed a burden upon ..... where none would otherwise exist, or to deprive the company of any defense it might have. if the company is not liable according to its contract, it is not required to pay. nor does the statute permit a recovery of expenses or added damages as a mere consequence of success in ..... addition to the recovery of attorneys' fees or damages, or penalties, the question arose under the fourteenth amendment, and that, so far as they applied to suits upon contracts, the latter had been made after the enactments. atchison, t. & s.f. r. co. v. matthews, 174 u. s. 96 ; fidelity mutual life ..... out this writ of error. 122 tenn. 248. the sole federal question for decision is whether the above-mentioned statute, as applied, impaired the obligation of the contract in suit, and thus violated art. i, 10 of the constitution of the united states. the act in question provides: "section 1. . . . that .....

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Mar 10 1913 (FN)

Kansas City Southern Ry. Co. Vs. Carl

Court : US Supreme Court

Decided on : Mar-10-1913

..... of the articles before receiving them. if the shipper is guilty of fraud or imposition by misrepresenting the nature or value of the articles, he destroys his claim to indemnity, because he has attempted to deprive the carrier of the right to be compensated in proportion to the value of the articles and the consequent risk assumed, and what ..... the purpose of congress to bring contracts for interstate shipments under on uniform rule or law, and therefore withdraw them from the influence of state regulation. adams express co. v. croninger, above cited. every such ..... valuation agreed upon for the purpose of determining which of two alternative lawful rates shall apply to a particular shipment. but it is said that, upon the face of the contract of limitation here involved, it is an exemption from liability for negligence forbidden by the carmack amendment, and that the judgment should therefore be affirmed. that amendment undoubtedly manifested ..... valuation agreed upon for the purpose of determining which of two alternative lawful rates shall apply to a particular shipment. the carmack amendment manifested the purpose of congress to bring contracts for interstate shipments under one uniform rule or law, and therefore withdraw them from the influence of state regulation. adams express co. v. croninger, 226 u. s. 491 . .....

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Jan 13 1913 (FN)

El Paso and Southwestern R. Co. Vs. Eichel

Court : US Supreme Court

Decided on : Jan-13-1913

..... quarry, crush, prepare, and deliver ballast at the rate of 750 cubic yards for each day's work at prices fixed by the contract. the contract contained a clause providing that monthly payments to the extent of 90 percentum of the engineer's estimates should be made to the defendants in ..... specially set up or claimed." an examination of the record discloses that, while it was repeatedly insisted that the rights of the parties under the contract should be determined according to the law of the territory of new mexico, that such law was to be ascertained from the reported decisions of this ..... u. s. 298 . at the conclusion of the evidence, the defendant, among other special charges, requested the court to instruct the jury that the contract sued on provided that the decision of the company's engineer of maintenance of way should be final and conclusive in any dispute between the parties relative ..... the incapacity of the plant and the unsuitability of the coal and water, plaintiffs were prevented from producing the quantity of ballast required by the contract, and which they had a right to produce and would have produced but for the defendant's alleged defaults; that the cost of the ..... the action was brought by defendants in error in the district court of el paso county, texas, to recover damages for certain alleged breaches of contract committed by the railroad company, now plaintiff in error. damages were recovered accordingly, and the judgment awarding them was affirmed by the court of civil .....

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May 26 1913 (FN)

Southern Pacific R. Co. Vs. United States

Court : US Supreme Court

Decided on : May-26-1913

..... railroad company, and also that the then-subsisting withdrawal of lands within the primary grant limit of the southern pacific railroad (branch line), which are also within the granted and indemnity limits of the atlantic & pacific railroad, should remain undisturbed until the rights of the southern pacific company could be determined by suits before the courts." the court then observed, in ..... pending for patents as to 72,000 acres. although this suit sought to quiet the title of the government to lands claimed by numerous individual defendants by purchase from or contract with the railroad company, the decree entered in the circuit court provided that it should not "affect any right which the defendants, or any of them, other than the southern ..... and other corporations and individuals asserting title under that company. the first of the cases involved lands within in the grant or place limits, and the second lands within the indemnity limits. no money recovery was prayed other than costs of suit. the cases were ultimately decided in this court on december 12, 1892. united states v. southern pacific railroad company ..... made the duty of the secretary of the interior to demand from such company a relinquishment or reconveyance to the united states of all such lands, whether within granted or indemnity limits, and, if such company should neglect or fail to so reconvey such lands to the united states within ninety days after such demand, it should thereupon be the duty .....

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Apr 28 1913 (FN)

Bradford Vs. United States

Court : US Supreme Court

Decided on : Apr-28-1913

..... ,000 -- payments for something which could be of no benefit to the united states, which would be mere uncompensated outlay; not reparation received from appellant, but indemnity given to him. and it is to be observed that the restitution was to be "in respect to all lands, land titles, or claims to lands." ..... of certain lands, but that he was charged with fraud in regard to the lands which he relinquished, and on account of which he contends a contract arose between him and the government. this must be regarded page 228 u. s. 453 as an element in the consideration of the case. appellant ..... attorney and by the land department of the united states, in accepting and filing the several relinquishments, whereby, it is further alleged, the united states contracted to pay petitioner the amount and value of his improvements made upon the lands, and the taxes. mr. justice mckenna delivered the opinion of the court ..... be entered for homestead purposes by other parties. it is alleged that the united states, by accepting the relinquishment of the lands, became bound and contracted with appellant to pay to and reimburse him for the price and value of the improvements made by him on the lands and the taxes paid ..... to make restitution to it. whatever rights the laws of the state might give under such conditions, the united states is not bound thereby, as no contract was established against it. 47 ct.cl. 141 affirmed. suit in the court of claims under the tucker act, so-called, to recover the sum .....

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May 26 1913 (FN)

Barry Vs. United States

Court : US Supreme Court

Decided on : May-26-1913

..... that and wallsend coal, is demonstrated by the finding that it was agreed "that the same should be considered as a purchase outside of the contract, to meet existing conditions." it could not be regarded as an "outside purchase" to meet conditions brought about by the contractors' fault, and ..... ground upon which the claim of appellants must rest. the situation was one brought about by the inability of the contractors to carry out their contract. the coal was needed for present necessities. the deficiency in wallsend coal had to be made up. there was thus presented one of ..... mountain coal at the same price as that specified in the contract for wallsend coal, without reserve as to quality. the mountain coal was inferior to wallsend coal, but its market value at manila at that time ..... the quartermaster general for test, and in case of its falling below the wallsend coal, that difference would be charged against the claimants under the contract. the claimants, by letter of february 18, 1905, protested against this qualification, insisting that the agreement orally made with colonel clem was to accept ..... a condition contemplated by the act of april 23, 1904, providing for open market emergency purchases, and a purchase of coal other than that contracted for so made from the contractor is an emergency purchase, and not an outside purchase to meet contractor's default and accepted as fulfillment. where .....

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Dec 08 1913 (FN)

Graham Vs. United States

Court : US Supreme Court

Decided on : Dec-08-1913

..... there was evidence warranting a finding, and the measure followed the contract, and was correct. united states v. mcmullen, 222 u. s. 460 , 222 u. s. 471 . a superfluous number of prayers was submitted ..... and necessary cost to the plaintiff for transporting, cutting, and delivering the granite mentioned in this case . . . and the amount specified in the contract" to be paid to graham. there was some cavil at the phrase "granite mentioned in this case," but obviously it meant the granite in controversy. ..... modifications. the modifications were exhibited in letters, but perhaps it is unnecessary to consider how far a surety whose undertaking extends to modifications of the principal contract is concerned with the form in which they are made. the surety was not discharged. united states v. mcmullen, 222 u. s. 460 , ..... states. on march 7, 1908, after the time fixed for the completion of the work, graham discharged his workmen and stopped work, the contract not having been performed. on march 11, the superintendent wrote to him, saying that he had heard that graham apparently had stopped work indefinitely, ..... between the reasonable and necessary cost to it for transporting, cutting, and delivering the granite mentioned in the case and the amount specified in the contract held to have referred simply to the granite actually in controversy, and, there page 231 u. s. 475 being evidence in the case .....

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Dec 01 1913 (FN)

Delaware, Lackawanna and Western R. Co. Vs. United States

Court : US Supreme Court

Decided on : Dec-01-1913

..... buffalo, but that the railroad company might rescind if, on later inspection, the quality was found to be different from what had been described in the contract of sale. but, after such delivery and before such rescission, the title was in the railroad company. allen v. maury, 66 ala. 10; burrows ..... a departure from the published tariff, contrary to the provisions of the act to regulate commerce. no such offense, however, was committed, for the contract, both by its terms and in the light of the conduct of the parties, meant that the title should pass when delivery was accepted by ..... use of the ambiguous phrase, "pay after inspection and acceptance," and no such construction should be given unless demanded by the explicit terms of the contract. the parties, by their conduct, showed that they did not understand that the hay remained the property of the seller after it had been delivered ..... these facts the defendant insists that the title did not pass until after acceptance, and many authorities are cited to support the proposition that, in a contract for the sale of personal property, not only delivery by the page 231 u. s. 372 seller, but acceptance by the buyer is necessary for ..... of the twenty counts. it brought the case here insisting that the commodity clause violated the fifth amendment, deprived the company of a right to contract, and prevented it from carrying its own property needed in a legitimate intrastate business conducted under authority of a charter granted by the state of .....

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