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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1914 Page 1 of about 63 results (0.194 seconds)

Apr 20 1914 (FN)

German Alliance Ins. Co. Vs. Lewis

Court : US Supreme Court

Decided on : Apr-20-1914

..... the constitution, he also has the right to name the wage for his labor and to fix the terms of contracts of indemnity, whether they be contracts of indorsement or suretyship or contracts of indemnity against loss by fire, flood, or accident. in view of what judge cooley calls the general supposition that "the ..... have themselves fixed this charge, and this makes most strongly in favor of their right to continue to agree upon the price of a private contract of indemnity against loss by fire. the act now under review not only takes property without due process of law, but it unequally and arbitrarily selects ..... "the number of transactions do not give the business any other character than magnitude." the character of insurance, therefore, as a private and personal contract of indemnity has not been changed by page 233 u. s. 423 its magnitude or by the fact that more policies and for greater amounts are now ..... be regulated by statute. and such laws are not without english precedent. for while no statute ever before attempted to fix the price of a contract of indemnity, * yet under a parliament that sat as a perpetual constitutional convention, with power page 233 u. s. 421 to pass bills of attainder ..... are classed among those "strictly private." leavenworth county v. miller, 7 kan. 520. the fact that insurance is a strictly private and a personal contract of indemnity puts it on the extreme outside limit, and removes it as far as any business can be from those that are in their nature public. .....

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Apr 06 1914 (FN)

Miller Vs. United States

Court : US Supreme Court

Decided on : Apr-06-1914

..... right to rescind any acceptance of a proposal at any time before the signing on behalf of the united states of the formal contract, without the allowance of any indemnity to the accepted bidder." under this proposal, the bid of john b. crittenden to do the called-for work at $46, ..... superior service,' or whenever the public interest in his judgment should require its discontinuance or curtailment for any other cause, he allowing as a full indemnity to the contractor, one month's extra pay on the amount of service dispensed with and pro rata compensation for the amount of service retained and ..... 233 u. s. 6 interest, in his judgment, shall require such discontinuance, change, or curtailment for any other cause, he allowing a full indemnity to contractor one month's extra pay on the amount of service dispensed with, and not to exceed pro rata compensation for the amount of service ..... , on august 11, 1908, the postmaster general issued an order discontinuing the contract service over the route which the contract embraced, to take effect on september 30, 1908, and this order was enforced at the time mentioned and an indemnity allowance of pay for one month only was made the contractor. the petition ..... 000 per annum was accepted, and on the first of february, 1906, a contract was entered into between the government and crittenden and his sureties, john .....

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Nov 30 1914 (FN)

Monagas Vs. Albertucci

Court : US Supreme Court

Decided on : Nov-30-1914

..... recorded into an unconditional one. the findings disclose that there was no evidence that the right to redeem had been exercised within the time fixed by the contract, that the purchaser inscribed that fact upon the records, and that thereby she became apparently the indefeasible owner. the following facts, however, relating to ..... authorities which the court cited and relied upon as sustaining its action expressly recognized that testimony was admissible for the purpose of showing that a contract of conditional sale was one of mortgage, but pointed out the nature and character of the testimony and the force of the proof required ..... degree asserting the existence of a mortgage as now relied upon. indeed, the findings fail to show anything directly or indirectly asserting that view of the contract prior to its being made the basis of this suit, filed, as we have seen, in august, 1909. the conclusions drawn from the findings ..... that the findings if accepted do not support the conclusion which the court based on them, it is sufficient to give the following summary: the contract in question was notarial in form, on its face a sale transferring ownership and possession to the purchaser for a stipulated cash price, conditioned, however ..... or liability between the parties. if such exists, the conveyance may be held to be merely a security for the debt or an indemnity against the liability. on the contrary, if no debt or liability is found to exist, then the transaction is not a mortgage, but merely .....

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Apr 06 1914 (FN)

Russell Vs. Sebastian

Court : US Supreme Court

Decided on : Apr-06-1914

..... this state shall, under the direction of the superintendent of streets or other officer in control thereof, and under such general regulations as the municipality may prescribe for damages and indemnity for damages, have the privilege of using the public streets and thoroughfares thereof, and of laying down pipes and conduits therein, and connections therewith, so far as may be ..... devoted to the described public service and an assumption of the duty to perform that service. that the grant, resulting from an acceptance of the state's offer, constituted a contract, and vested in the accepting individual or corporation a property right, protected by the federal constitution, is not open to dispute in view of the repeated decisions of this ..... los angeles in accordance with the general regulations of the municipality in regard to such work. 163 cal. 668 reversed. the facts, which involve the construction and constitutionality under the contract clause of the federal constitution of provisions of the constitution of california in regard to right of gas and water companies to excavate streets in municipalities for their mains, and ..... acceptance and preparation for compliance with the offer, the grant cannot be withdrawn as to the streets in which pipes have not been laid. such action would impair the contract. the duty of a public service corporation to extend its service to meet reasonable demands of the community is correlative to the obligation of the municipality to allow the service .....

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1914

Manhattan Life Ins. Co. Vs. Cohen

Court : US Supreme Court

Decided on : Jan-01-1914

..... 128 relieve it from responsibility, its failure to secure that result, and its payment to hilsman of the amount upon the giving by him of indemnity, all substantially as alleged in the pleadings we have stated. the agreed facts contained this statement: "it was not the purpose of the insurance company ..... contention concerning the wrong which it was insisted was done in declaring the assignment of the policies void because of the gambling nature of the contract, and yet permitting the assignor to hold on to the price paid for such assignment. that question was involved in and controlled by the ..... the constitution in many particulars, but more especially with reference to the action of the court in treating the sales of the policies as texas contracts, and refusing to apply the georgia law, which admittedly differed fundamentally from that of texas. it is elementary that a federal question may not ..... one, the court would not allow the executor of cohen to derive any rights from assailing that transaction, but would leave the parties where their illegal contract had placed them -- that is, let the assignment to hilsman stand, and hence leave no right in cohen, executor, to recover; (4) that ..... the recourse of the plaintiff was against hilsman, and not against the company; (2) that the transfer of the policies to hilsman was a georgia contract, and valid under the law of that state because the existence of insurable interest at the time of the transfer, although necessary under the texas law .....

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Apr 06 1914 (FN)

Boston and Maine R. Co. Vs. Hooker

Court : US Supreme Court

Decided on : Apr-06-1914

..... receiving them. page 233 u. s. 135 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 he ..... received; that such a construction would encourage, rather than discourage, unlawful agreements for rebates, since the carrier might prefer them to a liability for the freight, and that, although the contract for rebate was void and unenforceable, the shipper could nevertheless recover for loss of his freight through the carrier's negligence. this decision has never been overruled or qualified, and ..... advised of the full extent of its responsibility, and, consequently, of the degree of precaution necessary upon its part, it may rightfully require, as a condition precedent to any contract for the transportation of baggage, information from the passenger as to its value, and if the value thus disclosed exceeds that which the passenger may reasonably demand to be transported ..... advised of the full extent of its responsibility, and, consequently, of the degree of precaution necessary upon its part, it may rightfully require, as a condition precedent to any contract for the transportation of baggage, information from the passenger as to its value, and if the value thus disclosed exceeds that which the passenger may reasonably demand to be transported .....

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Feb 24 1914 (FN)

Plymouth Coal Co. Vs. Pennsylvania

Court : US Supreme Court

Decided on : Feb-24-1914

..... in excess of, its constitutional authority. sinking fund cases, 99 u. s. 700 , 99 u. s. 718 ; mugler v. kansas, 123 u. s. 623 , 123 u. s. 661 ; knights templars' indemnity co. v. jarman, 187 u. s. 197 , 187 u. s. 205 ; united states v. delaware & hudson co., 213 u. s. 366 , 213 u. s. 407 . approaching the subject from this ..... this regard, but rather to say merely whether the section admits of any reasonable construction that will sustain its constitutionality. for, in cases other than such as arise under the contract clause of the constitution, it is the appropriate function of the court of last resort of a state to determine the meaning of the local statutes. and in exercising the ..... , until the contrary is shown, that any administrative body to which power is delegated will act with reasonable regard to property rights. except in such cases as arise under the contract clause of the constitution, it is for the court of last resort of the state to construe the statutes of that state, and in exercising jurisdiction under 237, judicial code .....

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Apr 20 1914 (FN)

Carondelet Canal and Navigation Co. Vs. Louisiana

Court : US Supreme Court

Decided on : Apr-20-1914

..... council may prescribe. after five years from the passage of the act, the city was prohibited from draining in the bayou except upon payment of indemnity. and the city is given the right to build bridges over the canal and bayou. section 4 is as follows: "that the said company ..... to dismiss must therefore be denied, and we are brought to the merits of the controversy -- did the acts of 1857 and 1858 constitute a contract? in the consideration of that question, we do not think it is necessary to discuss with any particularity the contributions, respectively, of the state ..... act of 1906 can be construed to authorize the board of control to take possession of the property without compensating the company therefor, it violates the contract clause of the constitution of the united states. (4) the state never claimed any right or property in or to the canal and the improvements ..... after denying the allegations of the petition of the state, the following propositions: (1) the state had no interest in the canal except under the contract between the canal company and the state, constituted of the acts of 1857 and 1858. (2) in 1857 the legislature, after anticipating the inability of ..... 279 reversed. the facts, which involve the jurisdiction of this court to review judgments of the state courts and also the constitutionality under the contract clause of the federal constitution of a statute of louisiana relating to the property of carondelet canal and navigation company and the right of the state .....

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Dec 07 1914 (FN)

Alexander Bryant Co. Vs. New York Steam Fitting Co.

Court : US Supreme Court

Decided on : Dec-07-1914

..... of february 24th, 1905, amendatory thereof, notice is hereby given to all creditors of the above named defendant new york steam fitting company under the contract between the plaintiff and the said last-named defendant (and the codefendant as their surety) for work incident to the construction of the customhouse, ..... money alleged to be due and owing to the aforesaid alexander bryant company for work, labor, materials, and services furnished as subcontractors under the contract and bond entered into by the new york steam fitting company for the mechanical equipment of the new customhouse at new york city, new york, ..... to all known creditors, and in addition thereto notice of publication in some newspaper of general circulation, published in the state or town where the contract is being performed, for at least three successive weeks, the last publication to be at least three months before the time limited therefor." it ..... materials and labor for the construction of public works." it provides for the execution of a bond by any person entering into any formal contract with the united states for any public work, and that, in any action instituted by the united states, any person who has furnished ..... , among other things, promptly make a payment to all persons supplying it labor and material in the prosecution of the work contemplated by the contract of the steam fitting company with the united states. the bond was accepted and the work undertaken and duly completed on or about february 19 .....

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Nov 30 1914 (FN)

Louisiana Ry. and Nav. Co. Vs. Behrman

Court : US Supreme Court

Decided on : Nov-30-1914

..... was under legal obligation to undertake a partial construction if it became legally impossible to carry out its undertaking as a whole. we conclude that the contract upon which the plaintiff in error relies was subject, in any aspect, to a suspensive condition (civil code, la., art. 2021), that the ..... actually carried out. the final judgment completed and made permanent this protection, with respect to operation as well as construction, as against the claim of contract right. it must follow that this court has jurisdiction to determine whether that claim is well founded -- that is, whether there is a contractual ..... effect of the judgment to give vitality and operation to the subsequent law, and this court might be of the opinion that there was a valid contract which thereby would be impaired, it would be powerless to enforce the constitutional guaranty. jefferson branch bank v. skelly, 1 black 436, 66 u. ..... seeks to review the judgment of the state court upon the ground that it denied a federal right page 235 u. s. 166 asserted under the contract clause of the constitution. art. i, 10. the suit was brought by the mayor of the city of new orleans, in his official capacity, ..... them a fair and reasonable interpretation, public grants are not to be extended by implication beyond their clear intent. as the ordinance on which the contract claimed to have been impaired was based was intended to confer rights exclusively with reference to an existing plan of construction, and as that plan .....

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