Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1923 Page 1 of about 44 results (0.055 seconds)

Dec 10 1923 (FN)

Arnold Vs. GuimarIn and Co.

Court : US Supreme Court

Decided on : Dec-10-1923

..... no appearance by them in the circuit court of appeals. [ footnote 4 ] the circuit court of appeals, after disposing, adversely to arnold and the indemnity company, of various assignments of error relating to the alleged prematurity of the suit and the claim of guimarin & co., said: "considering the action to ..... ] the case was then tried upon the issues relating to the claim of guimarin & co., and a verdict rendered by direction, finding that arnold's contract had been completely performed and finally settled on april 16, 1920, and that guimarin & co. was entitled to recover under its subcontract $7,693.31, ..... on the bond. the defendants answered, denying liability on page 263 u. s. 430 various grounds, specifically denying that arnold's contract had been finally settled on april 17, or that more than six months had elapsed since its completion or final settlement, and averring that the ..... to be due it from arnold under a subcontract for supplying the plumbing and other material in the storehouse. the complaint alleged that arnold's contract with the united states had been completely performed and finally settled on april 17, 1920, and that the united states had not entered suit ..... the writ. the materialmen's act, as amended, provides [ footnote 1 ] that the usual penal bond executed by anyone entering into a contract with the united states for the construction of any public work shall contain an additional obligation for the payment by the contractor of all persons supplying .....

Tag this Judgment!

Apr 09 1923 (FN)

Hartford Life Ins. Co. Vs. Douds

Court : US Supreme Court

Decided on : Apr-09-1923

..... u. s. 478 is at 60 -- $2.68. immediately after the table, this statement appears: "these rates decrease in proportion as the total indemnity in force increases above one million dollars in amount, and are calculated so as to cover the usual expense for collecting." during the years 1903 to 1914 ..... upon us. in harmony with dresser v. hartford life insurance co., 80 conn. 681, 709, it held that the membership certificate constituted a contract not to demand of the assured more than $2.68 per thousand for any mortuary assessment, and also that the jurisdiction of the iowa court ..... interfere with the discretion of petitioner's officers or the management of its internal affairs. this conclusion, we think, is plainly right. by a written contract, petitioner had agreed that no mortuary assessment should exceed $2.68 per thousand. it demanded and received more, and respondent sued to recover the excess ..... amount so collected to the assured's legal representatives. the "table of graduated assessment rates for death losses for every $1,000 of a total indemnity of $1,000,000" is printed upon the certificate, and shows increasing rates for ages from 15 to 60. the highest specified rate page 261 ..... it of jurisdiction to render a pecuniary judgment, in an action by an insured to recover amounts collected through assessments exceeding the maxima specified in the contract of insurance. p. 261 u. s. 478 . so held where the company appeared and contested the jurisdiction upon the ground that the proceedings .....

Tag this Judgment!

Apr 16 1923 (FN)

Board of Trade Vs. Olsen

Court : US Supreme Court

Decided on : Apr-16-1923

..... act by which this abuse may be restrained and avoided. the next provision of the act which is attacked as invalid is that which forbids a board, designated as a contract market, from excluding from membership in, and all privileges on, its exchanges any duly authorized representative of a lawfully formed and conducted association of producers having adequate financial responsibility, ..... proper distribution and precipitating a crash in prices. [ footnote 1 ] page 262 u. s. 14 it was charged before the congressional committees that the limitation of deliveries under contracts for futures to warehouse receipts of twelve regular warehouses aggregating but 13,000,000 bushels capacity, with the privilege of a tender of grain in cars on the last three ..... sufficient volume and under such conditions as to reflect the general value of grain and its different grades, and which have been designated by the secretary of agriculture as "contract markets." the act puts these boards of trade under supervision of the secretary of agriculture and imposes conditions page 262 u. s. 6 precedent and subsequent on his power ..... 6. congress having reasonably found that sales of grain for future delivery (most of which transactions do not result in actual delivery, but are settled by off-setting with like contracts), are susceptible to speculation, manipulation, and control, affecting cash prices and consignments of grain in such wise as to cause a direct burden on and interference with interstate commerce .....

Tag this Judgment!

Jun 04 1923 (FN)

United States Vs. American Linseed Oil Co.

Court : US Supreme Court

Decided on : Jun-04-1923

..... called "exchange," through which one subscribing manufacturer may obtain detailed information concerning the affairs of others doing like business. the defendant "crushers" constitute one of the groups who contract for this service. they manufacture and distribute throughout the union a very large part of the linseed products consumed therein, and, prior to the challenged combination, were active, ..... are in direct conflict. the sherman act was intended to secure equality of opportunity, and to protect the public against evils commonly incident to monopolies and those abnormal contracts and combinations which tend directly to suppress the conflict for advantage called competition -- the play of the contending forces ordinarily engendered by an honest desire for gain. "the ..... statute did not forbid or restrain the power to make normal and useful contracts to further trade by resorting to all normal methods, whether by agreement or otherwise, to accomplish such purpose. . . . the words 'restraint of trade' should be given ..... or how far competitors may reveal to each other the details of their affairs. in the absence of a purpose to monopolize, or the compulsion that results from contract or agreement, the individual certainly may exercise great freedom; but concerted action through combination presents a wholly different problem, and is forbidden when the necessary tendency is .....

Tag this Judgment!

Apr 09 1923 (FN)

Russell Motor Car Co. Vs. United States

Court : US Supreme Court

Decided on : Apr-09-1923

..... departments. these departments constitute his peculiar and intimate agencies, and, in devolving authority upon them, meticulous precision of language is neither expected nor required. in cancelling the contract, it was not necessary that the statute should be expressly referred to. it was public law of which everyone was bound to take notice. it is contended further that ..... emergency, to enable him to utilize these same powers to stop that production as quickly as possible. to the latter accomplishment authority to modify and cancel government war contracts would contribute most effectively. these considerations lend support to the judgment of the court below construing the statute as having this effect. in this connection, it is not ..... page 261 u. s. 518 empowering the president, within the limits of the amounts appropriated: " . . . (b) to modify, suspend, cancel, or requisition any existing or future contract for the building, production, or purchase of ships or material." the president was authorized to exercise the authority conferred upon him by the act and expend the money therein and ..... be felt during the transition." in its communication, the navy department requested that immediate arrangements be made for the reduction and eventual stoppage of production of materials under these contracts and the substitution therefor of commercial products, and that the company "initiate preparations for the cancellation along the lines indicated." on november 23, 1918, the company was .....

Tag this Judgment!

Jun 04 1923 (FN)

William C. Atwater and Co., Inc Vs. United States

Court : US Supreme Court

Decided on : Jun-04-1923

..... miners, laborers, or boatmen, accidents at the mines, or interruption or shortage of transportation. in such cases, the obligation to deliver coal under their contracts will be cancelled to an extent corresponding to the extent or duration of such war, strikes, combinations, accidents, interruption, or shortage, and no ..... ) have no relation to price. the purpose of that paragraph was to relieve the contractors from liability resulting from their inability to fulfill their contracts on account of causes mentioned therein. the department at all times adhered to its position both as to quantity and price. appellant's protest ..... department might call for more or less than the 200,000 tons mentioned therein, and that, because of lack of consideration and mutuality, the contract at its inception was not enforceable, but that it became valid and binding to the extent that it was performed. on the facts found ..... department, saying: "we beg to call attention to department's notice to us under date march twenty-sixth we would be required to deliver contract tonnage plus ten percent eighty-two hundred nineteen tons of which, by reasons of short car supply, we are delivering under protest. with completion ..... quantity specifically mentioned was 200,000 tons. on march 26, 1917, appellant was informed by the department that the estimated quantity mentioned in its contract would be exceeded by about 10 percent. appellant stated that it had not bid on tonnage in excess of 200,000 tons, and called .....

Tag this Judgment!

Apr 30 1923 (FN)

New York Ex Rel. Clyde Vs. Gilchrist

Court : US Supreme Court

Decided on : Apr-30-1923

..... principal of mortgages was taxed when the law was passed and that, in those days, no one thought of an income tax; that any contract of exemption must be shown to have been indisputably within the intention of the legislature; that it is difficult to believe that the legislature meant ..... but the appellate division, in the case that we have cited, while having this caution in mind, preferred to assume without deciding that there was a contract of exemption, but held that it did not extend to this income tax. the court recognized that, for many purposes, a tax upon the interest received ..... opinion rendered at the same time as the present judgment, to the effect that the exemption of mortgages by the mortgage recording tax law, if a contract, did not extend to the interest upon the debt. people ex rel. central union trust co. v. wendell, 197 app.div. 131. to ..... debts. the relator seems to have contended that, if the income tax law imposed the additional assessment, it was unconstitutional as impairing the obligation of contracts made by the statutes laying the taxes first mentioned. the comptroller held that the additional assessment was correct, and that no payment was unlawfully exacted ..... of 1% of their face value, and certification by the comptroller, they should be exempt from all taxation, with specified exception, were not intended to establish contracts with those paying such taxes exempting them from taxation of their income from such debts and mortgages. pp. 262 u. s. 97 , 262 u. s .....

Tag this Judgment!

Feb 19 1923 (FN)

Charles Nelson Co. Vs. United States

Court : US Supreme Court

Decided on : Feb-19-1923

..... completing our engagements." the court of claims further found that "no protest against furnishing more than 1,675,000 feet of lumber under the contract was ever made by the plaintiff company or any of its officers," and the seventh finding was as follows: "the plaintiff company furnished ..... department, washington, d.c., in which you are instructed as follows:" " contract 28942, if contractor fails to make delivery, purchase authorized as requested." "may we be permitted to state that it has never been our intention ..... that he was acting within his authority in so doing. on june 18th the plaintiff company wrote the supply officer as follows: "dear sir: contract 28942. we have for acknowledgment your letter of the 14th, in which you transmit instructions received from the bureau of supplies and accounts, navy ..... named during the period ending december 31, 1917, irrespective of the estimated quantity named, the government not being obligated to order any specific quantity of douglas fir contracted for." then follows: " class 5 -- continued" " stock classification no. 39" "fir, douglas, as follows:" "1. 1,675,000 feet b.m ..... no. 287 argued january 25, 26, 1923 decided february 19, 1923 261 u.s. 17 appeal from the court of claims syllabus a contract for furnishing lumber to the government at a specified price contained a clause obliging the contractor to deliver any quantities ordered in a certain period .....

Tag this Judgment!

Jan 29 1923 (FN)

Leigh Ellis and Co. Vs. Davis

Court : US Supreme Court

Decided on : Jan-29-1923

..... understood or allowed to contravene our conclusion, upon the facts here. the statutes of the states where the goods were shipped and the suit was brought do not affect the contract, and the reasonableness of the limitation is a matter of law; missouri, kansas & texas ry. co. v. harriman, 227 u. s. 657 , 227 u ..... 114 s.e. 365; northern milling co. v. davis, (wis.) 190 n.w. 351. in our opinion, this contract was good when made. the time allowed was reasonable. missouri, kansas & texas ry. co. v. harriman, 227 u. s. 657 , 227 u. s. 672 ; texas & pacific ry ..... the general purpose was to limit not to extend rights of action, and that we page 260 u. s. 689 cannot suppose that it was intended to invalidate existing contracts good when made. new york central r. co. v. lazarus, 278 f. 900; william f. mosser co. v. payne, director general, (w.va.) ..... ." the district court, after careful consideration, dismissed the petition upon demurrer on the ground that the suit was too late under the quoted words of the contract, and also on the merits. 274 f. 443. the circuit court of appeals affirmed the judgment, adopting the opinion below as to the time within which ..... . the reasonableness of such a limitation is a matter of law. p. 260 u. s. 689 . 5. when not affected by statute, a limitation prescribed by contract like the above applies to the action which is prosecuted to judgment, and is not extended by the bringing of a previous action. p. 260 u. s. 689 .....

Tag this Judgment!

Jan 15 1923 (FN)

Oklahoma Vs. Texas

Court : US Supreme Court

Decided on : Jan-15-1923

..... respect to treaties that they shall be liberally construed so as to carry out the apparent intention of the parties to secure equality and reciprocity between them. as they are contracts between independent nations, in their construction, words are to be taken in their ordinary meaning, as understood in the public law of nations, and not in any artificial or special ..... denotes the relation of the boundary to the rivers, and, as those words are otherwise supported, they point with controlling force to what was in the minds of the high contracting parties. it follows from these considerations that the meaning of the treaty provision is just what it would be if the red river section of the boundary were expressly described ..... the said rivers roxo and arkansas, throughout the extent of the said boundary, on their respective banks, shall be common to the respective inhabitants of both nations." "the two high contracting parties agree to cede and renounce all their rights, claims, and pretensions, to the territories described by the said line; that is to say: the united states hereby cede to ..... having the approval of the entire court. the court said: "in making such construction, it is necessary to keep in mind that there was by the contract of cession a mutual relinquishment of claims by the contracting parties, the united states ceding to georgia all its right, page 260 u. s. 631 title, etc., to the territory lying east of that line .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //