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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1915 Page 1 of about 58 results (0.057 seconds)

Nov 01 1915 (FN)

United States Fidelity and Guaranty Co. Vs. Riefler

Court : US Supreme Court

Decided on : Nov-01-1915

..... of indemnity or guaranty? (2) or was it merely an offer to become indemnitors or guarantors, requiring notice of acceptance by the company, in accordance with davis ..... liability of defendants on a bond of indemnity to a surety company, are stated in the opinion. page 239 u. s. 23 mr. justice holmes delivered the opinion of the court. the ..... a parol offer in the same terms, the company, by becoming surety, would have furnished the consideration that would have converted the offer into a contract; but notice is held necessary in davis sewing mach. co. v. richards. if it had been a covenant, the company's act would have ..... was so delivered and was relied upon by the bonding company in issuing its bond, held, in this case, to have been a completed contract on the delivery thereof to the bonding company which was not required to notify the parties thereto of its acceptance. the facts, which involve the ..... indemnity bond. the defendants in error received no pecuniary consideration for their act, and were not notified of the acceptance of their bond or of the execution of the other by the company. the questions propounded are: page 239 u. s. 24 "(1) was the instrument which was signed by riefler and hall, and relied on by the company a completed contract .....

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Feb 23 1915 (FN)

Williams Vs. United States Fid. and Guar. Co.

Court : US Supreme Court

Decided on : Feb-23-1915

..... of appeals of georgia (11 ga.app. 635), and the cause is here upon writ of error. page 236 u. s. 554 the state court treated the written contract of indemnity between the bankrupts and the surety company as the expression of what would have been implied, and declared: "the bankrupts owed the surety nothing at the time the petition in ..... notwithstanding the discharge would have extinguished this if the surety had promptly performed as he agreed. such an interpretation would effectually defeat a fundamental purpose of the enactment. the written indemnity agreement embodied in the bankrupt's application to the surety company for execution of the bond, so far as its terms are important here, but expressed what otherwise would have ..... in bankruptcy acquits the express obligation of the principal to indemnify his surety against loss by reason of their joint bond conditioned to secure his faithful performance of a building contract broken prior to the bankruptcy, although the surety did not pay the consequent damage until thereafter. 11 ga.app. 635 reversed. the facts, which involve the construction of the ..... him to start afresh free from obligations and responsibilities consequent upon business misfortunes. within the intendment of the bankruptcy law, provable debts include all liabilities of the bankrupt founded on contract, express or implied which at the time of the bankruptcy were fixed in amount or susceptible of liquidation. under the provisions of the bankrupt act, the surety of the .....

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Apr 05 1915 (FN)

Thames and Mersey Marine Ins. Co., Ltd. Vs. United States

Court : US Supreme Court

Decided on : Apr-05-1915

..... . deer lodge county, 231 u. s. 495 . let it be assumed, as this court has said, that the insurance business, generically considered, is not commerce; that the contract of insurance is a personal contract -- an indemnity against the happening of a contingent event. the inquiry still remains page 237 u. s. 26 whether policies of insurance against marine risks during the voyage to ..... lading and policies or certificates of insurance. it is true that the bills of lading represent the goods, but the business of exporting requires not only the contract of carriage, but appropriate provision for indemnity against marine risks during the voyage. the policy of insurance is universally recognized as one of the ordinary "shipping documents." thus, when payment is to be made ..... lading without the policy. benjamin on sales, 590, note; hickox v. adams, 34 l. t. n.s. 404. the requirements of exportation are reflected in the familiar "c.i.f." contract (that is at a price to cover cost, insurance, and freight), which has "its recognized legal incidents, one of which is that the shipper fulfills his obligation when he has .....

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Jan 05 1915 (FN)

Gilbert Vs. David

Court : US Supreme Court

Decided on : Jan-05-1915

..... circuit court for the district of connecticut. on may 24th, 1905, a substituted complaint was filed. the object of the suit was to recover for alleged breaches of a certain indemnity contract set forth in the complaint. in this substituted complaint, as well as in the original complaint, the allegation as to diverse citizenship is that plaintiff is a citizen of the .....

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Jun 01 1915 (FN)

Hartford Life Ins. Co. Vs. Ibs

Court : US Supreme Court

Decided on : Jun-01-1915

..... his death, yet, whether treated as an expectancy or as contingent interest, her right to receive an indemnity depended upon her husband's being a member at the time of his death, since failure to pay the assessments would work a forfeiture. as the members ..... entered, and therefore not bound by its terms. but, in this regard, she was in privity with her husband. for while, under the terms of the contract embodied in the certificate, he may not have had the right to assign the policy, or to change the beneficiary, or to lessen the amount payable at ..... by the payment of all assessments duly levied upon all the members to create a mortuary fund, his wife should be entitled to receive at his death an indemnity of $2,000, payable out of such mortuary fund. on may 2, 1910, under call 127, he was assessed $35.95 to meet 145 claims ..... a mortuary fund which had been created under the terms of a plan which was, in effect, a contract between themselves, there was no reason why they and the company might not enter into a further contract as to its present distribution or future use. if they failed in making an arrangement among themselves, there ..... which her husband was a member makes her in privity with him, and she is bound by the contracts which he may have entered into with the corporation in regard to the mortuary fund created under contract between the members. while a mortuary fund made up by contributions from all members may be single, the .....

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Apr 05 1915 (FN)

Smoot Vs. United States

Court : US Supreme Court

Decided on : Apr-05-1915

..... ; bacon v. parker, 137 mass. 309, 311; or rather under parish v. united states, 100 u. s. 500 . we also pass the question whether complete indemnity is not embraced in the claim for profits. noble v. ames mfg. co., 112 mass. 492. the appellant admits that neither claim can be maintained unless the letter ..... quoted bound the united states as an unqualified contract. we agree with the court of claims that it neither purported to modify the formal agreement originally made nor had that or any effect upon it. ..... plant 140,200 cubic yards, more or less, of filter sand, to be deposited in twenty-nine filter beds at $2.65 per yard. the contract and specifications showed explicitly that the quantities mentioned were approximate only, and in october, 1904, there was a discussion in the claimant's presence as to ..... the opinion of the court. this is a claim for the profits that would have been realized on sand that the claimant alleges to have been contracted for by the united states, but that the united states refused to receive, and for the cost of additional plant alleged to have been provided ..... u.s. 38 appeal. from the court of claims syllabus a letter from the government engineer in charge to a contractor, who had, under written contract with the united states, agreed to furnish a specified amount of material at a specified price, that a larger amount of material would probably be required, .....

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Dec 20 1915 (FN)

Chicago and Alton R. Co. Vs. Wagner

Court : US Supreme Court

Decided on : Dec-20-1915

..... as an employee of that company in interstate commerce when he was hurt. there was thus no misconstruction of the federal act in holding that the contract between wagner and the burlington company, and his acceptance of benefits thereunder, did not release the latter from liability for the injury, and that, under ..... arose when the injury was received, and it is clear that, if it was received while wagner was engaged in interstate commerce, his acceptance of benefits under the relief contract would not bar an action against his employer. philadelphia, balt. & wash. r. co. v. schubert, 224 u. s. 603 , 224 u. s. 613 ..... common law of illinois. chicago v. babcock, 143 ill. 358, 366. that is, assuming that the burlington company was the employer, and that the contract for its discharge from liability for this injury through the acceptance of benefits from its relief department was invalid under 5 of the employers' release, thus invalid ..... . 91 . it was tried as a common law action on the case. it was also undisputed that the alton company was not a party to the contract for release, or associated in the burlington's relief department. section 5 of the federal act has plainly no application to releases given to those who are ..... 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 .....

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Nov 01 1915 (FN)

Steinfeld Vs. Zeckendorf

Court : US Supreme Court

Decided on : Nov-01-1915

..... the clause giving steinfeld a right to the personal custody of the money. the directors, consisting of steinfeld and his creatures, although not understanding the rescission to go beyond the indemnity clause, passed a vote behind zeckendorf's back under which the proceeds of the sale were divided and one half given to steinfeld. after the judgment of this court, the ..... has had his day in court to present his case, for, it is said, the territorial court simply ruled as matter of law that the vote of rescission rescinded the contract in toto, and this court, if it thought, as it did, that the ruling was wrong, properly could do no more than to send the case back for a finding ..... , $115,000 cash, $400,000 in notes for $100,000 each, and his action was confirmed. at the time of the conveyance to the purchaser, it was agreed by a contract in writing that the purchase price should belong to the silver bell copper company, and in the same instrument it was provided that the four notes should be held by .....

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Jun 21 1915 (FN)

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

Court : US Supreme Court

Decided on : Jun-21-1915

..... mining, transporting, and selling, in substance, as theretofore, and depriving the public of the benefits which the commodity clause was intended to produce." the petition alleged that, when the contract was made, in august, 1909, the stockholders of the two corporations were practically identical; that a large majority of the stock in both is still owned by the same persons ..... practically one, and attacking the validity of the contract. the petition alleged that the coal business was extremely profitable, and in order to continue it, in all its branches, the railroad company (which was controlled by a group ..... by the railroad company was then transported by the railroad company to destination, where it was delivered to the coal company, which paid the regular tariff freight rate and the contract prices on the 20th of each month. this course of dealing continued until february, 1913, when the government filed a petition against both corporation alleging that the two were ..... before transportation began, caused a coal company to be incorporated having stockholders and officers in common with itself; thereupon, the two corporations, having a common management, entered into a contract prepared by the railroad company under which the railroad company did not go out of the mining and selling business, but when the coal was brought to the surface, it .....

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Jan 25 1915 (FN)

Coppage Vs. Kansas

Court : US Supreme Court

Decided on : Jan-25-1915

..... than that under consideration -- whether one takes the view that labor organizations are advantageous or the reverse. it is certainly as much a matter for legislative consideration and action as contracts in restraint of trade. it is urged that a labor organization -- a voluntary association of working men -- has the constitutional right to deny membership to any man who ..... when brought in review by proper judicial proceedings. this is necessary to the assertion and maintenance of the supremacy of the constitution. conceding, then, that the right of contract is a subject of judicial protection within the authority given by the constitution of the united states, the question here is was the power of the state so arbitrarily exercised ..... by the agreement, any inconsistent exercise of his constitutional rights? these queries answer themselves. the answers, as we think, lead to a single conclusion: under constitutional freedom of contract, whatever either party has the right to treat as sufficient ground for terminating the employment, where there is no stipulation on the subject, he has the right to provide against ..... organization. in all such particulars, the employer and the employee have equality of right, and any legislation that disturbs that equality is an arbitrary interference with the liberty of contract, which no government can legally justify in a free land." unless it is to be overruled, this decision is controlling upon the present controversy, for if congress is prevented .....

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