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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1921 Page 1 of about 37 results (0.072 seconds)

Apr 11 1921 (FN)

United States

Court : US Supreme Court

Decided on : Apr-11-1921

..... company must submit to whatever of disadvantage results from it. this the company frankly recognizes, for in its brief it says: "it was a part of our contract that, until selected, lands within the indemnity belt should be open to settlement under page 256 u. s. 65 the homestead and preemption laws." and also: "the question here is not whether, in the ..... entitled to performance by the government. burke v. southern pacific r. co., 234 u. s. 669 , 234 u. s. 679 -680. the provision relating to indemnity lands was as much a part of the grant and contract as the one relating to land in place, payne v. central pacific ry. co., 255 u. s. 228 , and it is apparent from the granting ..... within the indemnity limits in lieu of land lost within the place limits was intended to be a substantial ..... the railroad and acceptance of the railroad by the president, the proposal was converted into a contract, entitling the company to performance by the government. p. 256 u. s. 64 . 3. the provision relating to indemnity land was as much a part of the grant and contract as the one relating to land in place, and the right of the grantee to land .....

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Feb 28 1921 (FN)

Payne Vs. Central Pacific Ry. Co.

Court : US Supreme Court

Decided on : Feb-28-1921

..... against the united states, and therefore not maintainable without its consent, but we think the suit is one to restrain the appellants from cancelling a valid indemnity selection through a mistaken conception of their authority, and thereby casting a cloud on the plaintiff's title. ballinger v. frost, 216 u. s. ..... of the time when the exertion of the authority was invoked by the lawful filling of the list of selections." as before shown, this indemnity selection was made in full compliance with the directions promulgated by the secretary, was of lands subject to selection, and was based on ..... is treated as only a preliminary land application or filing. counsel there say: "what is the effect then of the mere filing of an indemnity selection? its only effect, we submit, is to give the selector a preference right to the land as against one tendering a filing thereafter." ..... disposals, homestead settlements, and preemption claims antedating the definite location of the line of the road, thereby making it necessary to resort to the indemnity limits to satisfy the grant. the present ascertained losses amount to thousands of acres, and it is certain that further substantial losses will develop ..... and putting it in operation, the company performed its part of the contract, it became entitled to performance by the government. in other words, it earned the right to the lands described." and, speaking specially of the right to indemnity lands under such a grant, it was said in united states v .....

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Jun 06 1921 (FN)

Western Union Tel. Co. Vs. Poston

Court : US Supreme Court

Decided on : Jun-06-1921

..... against the director general. we find in them no basis for such liability. [ footnote 1 ] obviously neither proclamation, order, nor contract could create a liability not authorized by the resolution of congress on which they rest. nor did they attempt to do so. (a) the provision in the proclamation relied upon ..... by plaintiff in the missouri pacific case is not made here. but it is contended that the proclamation, the order of the postmaster general of august 1, 1918, and the contract between him and the company concerning compensation authorized suit against the company as the operating agent of the government in the same way that the federal control act authorized suit ..... their present duties, reporting to the same officers as heretofore and on the same terms of employment." (c) the contract of october 9, 1918, between the postmaster general and the western union, did not purport to make the company liable. it merely provided indemnity. the provision relied upon is this: "the postmaster general shall pay, or save the owner harmless from, all ..... general's order of like effect, dated august 1, 1918. p. 256 u. s. 665 . 3. the contract of october 9, 1918, between the postmaster general and the petitioner did not make the company liable for negligence under government operation, but merely provided indemnity. p. 256 u. s. 666 . 4. omission of congress to provide a remedy against the government in such .....

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Dec 05 1921 (FN)

North Pacific Steamship Co. Vs. Soley

Court : US Supreme Court

Decided on : Dec-05-1921

..... introduced in evidence, from which the commission found that the disability suffered by solely terminated on the 10th day of december, 1917; that the disability indemnity payable to him up to and including december 10, 1917, amounted to $855, which, together with the medical expenses theretofore awarded, amounted to $ ..... had returned to work on december 10, 1917, eight days before the action was brought. the order of the commission, terminating the disability indemnity, found that the disability suffered by reason of the injury had terminated on december 10, 1917, and that the total liability of the defendant ..... of the matter in controversy herein, exclusive of interest and costs, exceeds the sum of three thousand dollars, and alleges that the weekly indemnity of eleven and 25/100 dollars awarded to defendant from complainant under the terms of said award and judgment was contingent upon the continuance of ..... $3,015.35. the bill further alleged that, at the time of his injury, soley was engaged in the performance of a maritime contract aboard a vessel in the navigable waters of the united states engaged in interstate commerce; that his remedy was exclusively within the admiralty and ..... in a suit to enjoin execution of an award for disabling personal injuries, made under the california compensation act and requiring present payments and future indemnity payments during a maximum period, it was proven that the defendant was cured before the bill as filed, so that the total liability was less .....

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Jun 06 1921 (FN)

Texas Co. Vs. Hogarth Shipping Co., Ltd.

Court : US Supreme Court

Decided on : Jun-06-1921

..... implied condition that if. before the time for the voyage. the ship was rendered unavailable by such a supervening act as the requisition, the contract should be at an end and the parties absolved from liability under it. that the charter party was entered into in this country is not material ..... as a seaworthy vessel and capable of carrying cargo and earning freight and of entering on the voyage. all the fundamental conditions forming part of the contract of the shipowner were wanting at the time when the earning of freight could commence." here, the ship, although still in existence and entirely seaworthy ..... light co. v. columbus, 249 u. s. 399 , 249 u. s. 410 et seq. perhaps the oldest and most familiar application of the principle is to contracts for personal service, where performance is prevented by death or illness. robinson v. davison, (1871) l.r. 6 exch. 269; spalding v. rosa, 71 n.y. ..... responsible for its continued existence and availability, the contract must be regarded as subject to an implied condition that, if before the time for performance page 256 u. s. 630 and without the default ..... . it long has been settled in the english courts and in those of this country, federal and state, that where parties enter into a contract on the assumption that some particular thing essential to its performance will continue to exist and be available for the purpose, and neither agrees to be .....

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Feb 28 1921 (FN)

Stoehr Vs. Wallace

Court : US Supreme Court

Decided on : Feb-28-1921

..... feared he would lose that position if he took any other course. the district court, after reviewing the proofs at length, concluded that the contract was not prompted by commercial motives, nor based on an estimate of mutual advantages, and was not intended as a genuine business transaction, but ..... stoehr, the brother, the results of such dissolution being, of course, obviously unfortunate and conceivably disastrous" and saying of the 14,900 shares: "regarding the contract for the purchase of said 14,900 shares of stoehr & sons, incorporated, from stoehr & co., of leipzig, germany, it has been fully explained that ..... and the botany worsted mills, he being the attorney who had advised and assisted the stoehrs in adjusting their copartnership affairs and in making the contract. february 5, 1918, while heyn was attending one of the conferences, hans e. stoehr, as president of the new york corporation and treasurer ..... 000 was to be retained by the german corporation, and neither corporation was to have "any further claim against the other" by reason of the contract. possibly the stipulated price was less than the actual value; but, however this may have been, the assets and situation of the new york ..... the proofs that the german corporation was the beneficial owner, that the new york corporation had no actual interest in the shares, and that the contract between those corporations, stressed by the plaintiff, "was not intended to represent the real purpose of the parties at all, but to serve as .....

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Apr 18 1921 (FN)

Block Vs. Hirsch

Court : US Supreme Court

Decided on : Apr-18-1921

..... conception of the public interest. page 256 u. s. 170 indeed, we ask, may not the state have other interests besides the nullification of contracts, and may not its police power be exerted for their consummation? if not, why not? under the decision just announced, if one provision of ..... comes to our recollection also that some states of the union, in consummation of what is conceived to be a present necessity, have also entered into contracts of like kind. they, too, may come under a subsequent declaration of an imperious public interest, and their promises be made subject to it. ..... at any rate, does not the decision just delivered cause a dread of such result and take away assurance of security and value from the contracts and their evidences? and it is well to remember that other exigencies may come to the government making necessary other appeals. the government can ..... marks the doom of judicial judgment on legislative action. the wonder comes to us, what will the country do with its new freedom? contracts and the obligation of contracts are the basis of its life and of all its business, and the constitution, fortifying the conventions of honor, is their conserving power ..... this disproportion, it is assumed, makes a tyranny in the landlord, and an oppression to the tenant, notwithstanding the tenant is only required to perform a contract entered into not under the statute, but before the statute, and that the condition is remedied by rent fixing -- value adjustment -- by the power of .....

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Dec 19 1921 (FN)

American Column and Lumber Co. Vs. United States

Court : US Supreme Court

Decided on : Dec-19-1921

..... , are clearly settled by the antitrust statute and the decisions of this court interpreting it. the applicable provision of the act (c. 647, 26 stat. 209) reads: "section 1. every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several states . . . is hereby declared to be illegal." obviously the organization of ..... a misleading misnomer. genuine competitors do not make daily, weekly, and monthly reports of the minutest details of their business to their rivals, as the defendants did; they do not contract, as was done here, to submit their books to the discretionary audit, and their stocks to the discretionary inspection, of their rivals for the purpose of successfully competing with them .....

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Dec 12 1921 (FN)

Danke-walker Milling Co. Vs. Bondurant

Court : US Supreme Court

Decided on : Dec-12-1921

..... failure to have complied with 571, supra, is fatal to appellee's right of recovery. . . . so the question for decision is: was the contract between appellant and appellee one which is protected by article i, chapter 8, paragraph 3 of the federal constitution, from regulation by the state of kentucky, ..... selling and the transportation incidental thereto constitute commerce." in united states v. e. c. knight co., 156 u. s. 1 , 156 u. s. 13 , "contracts to buy, sell, or exchange goods to be transported among the several states" were declared "part of interstate trade or commerce." and in addyston pipe & steel co. ..... as to that transaction, and reversed the judgment with a direction for a new trial. that court proceeded on the theory that, as the contract was made in kentucky, related to property then in that state, and was to be wholly performed therein, the transaction was strictly intrastate, and ..... of kentucky (ky.stats.1915, 571) prescribing the conditions on which corporations of other states might do business in that state, and that the contract was therefore not enforceable. to this the plaintiff replied that the only business done by it in kentucky consisted in purchasing page 257 u. s ..... of a public carrier, intending to forward it as soon as delivery was made. held that the transaction was in interstate commerce notwithstanding the contract was made and to be performed in kentucky, and that the possibility that the purchaser might change its mind after delivery and sell the .....

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Jan 03 1921 (FN)

Duplex Printing Press Co. Vs. Deering

Court : US Supreme Court

Decided on : Jan-03-1921

..... , or corporation concerned in the purchase, transportation, carting, installation, use, operation, exhibition, display, or repairing of any such press or presses, or the performance of any such contract or contracts, and also and especially from using any force, threats, command, direction, or even persuasion with the object or having the effect of causing any person or persons to decline employment ..... press or presses manufactured by complainant, or the transportation, carting, installation, use, operation, exhibition, display, or repairing of any such press or presses, or the performance of any contract or contracts made by complainant respecting the sale, transportation, delivery, or installation of any such press or presses, by causing or threatening to cause loss, damage, trouble, or inconvenience to any ..... presses made by it. unlike hitchman coal & coke co. v. mitchell, 245 u. s. 229 , there is here no charge that defendants are inducing employees to break their contracts. nor is it now urged that defendants threaten acts of violence. but plaintiff insists that the acts complained of violate both the common law of new york and the sherman ..... the sherman act as amended by the clayton act. looking first to the former act, the thing declared illegal by its first section (26 stat. 209) is: "every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several states, or with foreign nations." the accepted definition of a .....

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