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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1924 Page 1 of about 31 results (0.104 seconds)

May 26 1924 (FN)

United States Vs. Supplee-biddle Hardware Co.

Court : US Supreme Court

Decided on : May-26-1924

..... , 72 n.h. 12; united security life & trust co. v. brown, 270 pa. 264. life insurance in such a case is, like that of fire and marine insurance, a contract of indemnity. central bank of washington v. hume, 128 u. s. 195 . the benefit to be gained by death has no periodicity. it is a substitution of money value for something permanently ..... lost, either in a house, a ship, or a life. assuming, without deciding, that congress could call the proceeds of such indemnity income, and validly tax it as such, we think that, in view of the popular conception of the life insurance as resulting in a single addition of a total sum ..... of earning power in case of his death were not taxable as income under the act. p. 265 u. s. 194 . 2. assuming that congress could tax proceeds of such indemnity life insurance as income, its purpose to do so should be express, in view of the popular conception of life insurance as resulting in a single addition to the resources ..... on the death of the insured are not usually classed as income. life insurance in such a case as the one before us is valid, and is not a wagering contract. there was certainly an insurable interest on the part of the company in the life of biddle. mutual life insurance co. of new york v. board, 115 va. 836; keckley .....

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Feb 25 1924 (FN)

industrial Accid. Comm'n Vs. James Rolph Co.

Court : US Supreme Court

Decided on : Feb-25-1924

..... of negligence, for maintenance, care, and wages at least so long as the voyage is continued. to him they are liable also, even in the absence of negligence, for indemnity or damages if the injury results from unseaworthiness of the ship or from failure to supply and keep in order the proper appliances. [ footnote 7 ] the legal rights in case ..... proceeding in admiralty to recover damages from the shipbuilder for injuries which the carpenter received while working on an unfinished vessel moored in the willamette river at portland, oregon. "the contract for constructing the ahala was nonmaritime, and although the incompleted structure upon which the accident occurred was lying in page 264 u. s. 227 navigable waters, neither rohde's ..... into our national laws by the constitution itself. . . . the work of a stevedore in which the deceased was engaging is maritime in its nature; his employment was a maritime contract; the injuries which he received were likewise maritime, and the rights and liabilities of the parties in connection therewith were matters clearly within the admiralty jurisdiction. atlantic transport co. v ..... of congress. it accordingly held the industrial accident commission had no jurisdiction to award compensation for the death of a workman killed while actually engaged at maritime work, under maritime contract, upon a vessel moored at her dock in san francisco bay and discharging her cargo. 220 p. 669. the judgments below must be affirmed; the doctrine of knickerbocker ice .....

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May 12 1924 (FN)

Brooks-scanlon Corp. Vs. United States

Court : US Supreme Court

Decided on : May-12-1924

..... output of factories and other producing activities. if appellant's contention is sound, the government thereby took and became liable to pay for an appalling number of existing contracts for future service or delivery, the performance of which its action made impossible. this is inadmissible. frustration and appropriation are essentially different things." the evidence fails to show ..... free from liens, claims or equities except such liens, claims, or equities as may be asserted by, or exist in favor of, the person or corporation who originally contracted for the construction of the vessels, and those claiming rights under such original contractor." september 13, 1917, the fleet corporation telegraphed the shipbuilding corporation: "do not accept ..... ships had been requisitioned and that an order had been given the builder to complete them, and ordered the builder to "proceed . . . in conformity with the requirements of the contract, plans and specifications under which construction proceeded prior to the requisition of august 3, 1917 . . . ," and stated: "for the work of completion heretofore and herein ordered ..... , and the materials necessary for their completion. the order required the builder to complete the ships. it stated that compensation would be paid for "ships, materials and contracts requisitioned." the builder was required to furnish plans and specifications of the requisitioned ships, and a statement of the payments made and amounts still due, and other information .....

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Feb 18 1924 (FN)

Railroad Comm'n Vs. E. Texas R. Co.

Court : US Supreme Court

Decided on : Feb-18-1924

..... a passenger service is maintained, it shall conform to the standards stated. such a provision falls far short of subjecting a railroad company, through charter contract or otherwise, to an absolute duty to operate its road for the full charter period, even after it becomes reasonably that the operation will be ..... keeping such matters where the legislature may deal with them as changing conditions may require forbids that they be regarded as part of the charter contract unless a purpose to make them such be plainly disclosed. in short, the fact that a particular provision is found in the statutes of ..... of louisiana, supra. a state often has many laws relating to railroads on its statute books which do not become a part of the charter contract -- which are of such a nature that it is apparent the state could not have intended to make or exact a continuing and binding stipulation ..... the appellants rely on two statutory provisions, which they insist were in force when the company was incorporated and became a part of the charter contract. before examining these provisions, it is well to advert to principles which would govern in their absence, and also to considerations bearing on their office ..... and make certain stops, etc., is a mere regulation of passenger service on roads in operation, and does not subject a railroad company, through charter contract or otherwise, to an absolute duty to operate for its full charter period in face of a reasonable certainty of pronounced loss. p. 264 u. s .....

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Nov 17 1924 (FN)

Commonwealth Trust Co. Vs. Smith

Court : US Supreme Court

Decided on : Nov-17-1924

..... , deny others, and assert a right to counter relief. on the defendants' motion, the district court ruled that the other holders of water right contracts were necessary parties, and ordered that the plaintiff bring them in. the plaintiff refused, and the bill was dismissed. the circuit page 266 u. ..... made an order that it be distributed over and made appurtenant to that number of irrigable acres and no more, and that the outstanding contracts for water rights in excess of that acreage be cancelled. the shortage of water and the proceedings resulting therefrom led to many controversies between ..... right to include a proportionate interest in the irrigation works and in the water appropriation and franchises pertaining to them. other provisions in the contract were to the effect that no water rights should be sold in excess of the capacity of the works or of the available water supply ..... falls salmon river land & water company, to which sprague and his associates had transferred their interests in the project, then entered into a contract by which that company bound itself to construct and complete the irrigation works within five years, to provide the requisite supply of water, and to ..... to secure payment. thereafter, a controversy arising as to the sufficiency of the available water supply to reclaim the acreage for which water right contracts were outstanding, and the settlers for this reason defaulting in payments, the trustee for the company's bondholders sued to foreclose the lien on .....

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Nov 17 1924 (FN)

Miller Vs. Robertson

Court : US Supreme Court

Decided on : Nov-17-1924

..... company and the smelting company were separate and independent corporations, and the circuit court of appeals held that the smelting company did not make the contract for the mammoth company. 286 f. 503, 509. the zinc product of the mammoth mine is not specifically mentioned. the language is not definite ..... was signed show that the seller itself so interpreted the writing. the provision to which they refer is this: "the product covered by this contract is the total production of zinc crude ore shipped by the seller from its properties in shasta county, california." the statements of the manager ..... this agreement shall be suspended during such delay or prevention; the seller, if so prevented or delayed in producing or page 266 u. s. 247 shipping the ore hereby contracted for, shall not be under any duty or obligation to furnish ore to the buyer . . . while . . . so prevented or delayed, and the buyer, if ..... of first shipment made after the completion of the picking plant which the seller contemplates building, but in no event shall the life of the contract exceed eighteen (18) months from the date of its execution." places of delivery were provided for, and the seller agreed to bear freight charges ..... does not sustain a contention that the plaintiff's assignor failed to ship ore "in as nearly as possible equal weekly quantities," as required by the contract in controversy. id. page 266 u. s. 244 6. where a mining company and a smelting company were both subsidiaries of a parent corporation, .....

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Feb 18 1924 (FN)

Perkins-campbell Co. Vs. United States

Court : US Supreme Court

Decided on : Feb-18-1924

..... fact contained in the petition show no "mutual mistake of the parties which, upon page 264 u. s. 219 well established principles of equity jurisprudence, requires the reformation of the contract, and certainly no such special circumstances . . . of fraud, duress, or oppression as would necessarily require relief against a mistake of law." cramp v. united states, 239 u. s. 221 , 239 ..... its claim as to the 15,000 additional sets is, obviously, not a sufficient ground for reformation of the award which it subsequently accepted, deliberately, in "full discharge" of the contract. and the general allegation that neither the company nor the officers with whom the settlement was negotiated intended to settle under the award any claim beyond 20,000 sets is ..... the amount of compensation to which the company was entitled and recommended payment. pursuant to such recommendation, the claims board, in december, 1919, made an award to the company under "contract 2788." this award, after reciting that an agreement had been entered into on august 10, 1917, as set out in the certificate of the board, awarded the company, in addition ..... filed its petition asking the reformation of an award made it under the provisions of the dent act of compensation for expenses incurred in the partial performance of a war contract for the manufacture of ambulance harness, and the allowance of additional page 264 u. s. 214 compensation. this petition was dismissed on demurrer, without an opinion. 57 ct.clms. 623 .....

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Nov 17 1924 (FN)

A. W. Duckett and Co., Inc. Vs. United States

Court : US Supreme Court

Decided on : Nov-17-1924

..... claimant's possession under its lease was a part of the res, and therefore was within the implied promise to pay. whatever the effect of the taking there was a contract implied in fact by the president's order, and there is no doubt concerning the jurisdiction of the court of claims. united states v. north american transportation & trading co., 253 ..... 's pier. the court of claims dismissed the petition for want of jurisdiction upon the ground that the facts found excluded as matter of law the possibility that a contract should be implied, and that therefore there could be no claim. hill v. united states, 149 u. s. 593 . under the act of august 29, 1916, c. 418, 39 stat ..... in pier. no. 8 of the bush terminal company under a lease that ran through september page 266 u. s. 150 30, 1919. the claim is based upon an implied contract alleged to have arisen from a taking for war purposes, for such time as might be necessary, of described portions of the bush terminal docks and warehouses, including the claimant ..... for a year. on the assumption that the government thereby made it impossible for the steel company to perform a contract to sell a large quantity of steel plate to the claimant, the decision was that nevertheless the contract was not taken. the contract was no part of the res taken, and whatever might be the collateral consequences of the appropriation liability for .....

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May 26 1924 (FN)

St. Cloud Pub. Svc. Co. Vs. City of St. Cloud

Court : US Supreme Court

Decided on : May-26-1924

..... minnesota in force at the time. the consolidated charter of the city (special laws of 1889, c. 6, p. 131) provided as follows: the city "shall be capable of contracting and being contracted with, and shall have all the powers possessed by municipal corporations at common law." c. 1, 1. "the common council, in addition to all powers herein . . . specifically ..... its authority, shall be subject to the control thereof," which was held to prevent a municipality, acting under the authority of the legislature, from entering into a binding contract as to public service rates. the provision of the minnesota constitution makes no reference either to irrevocable or uncontrollable privileges, or to privileges created by a municipality acting under ..... supply a specified amount of pure water for domestic purposes. the original charter of the city (special laws of 1868, c. 28, p. 144) made it capable of contracting, vested it with all the general powers possessed by municipal corporations at common law, and gave it the power of establishing and constructing public pumps, wells, cisterns, reservoirs and ..... privileges, except to cities, or for granting to any individual, association, or corporation, except municipal, any special or exclusive privilege, immunity, or franchise whatever, do not apply to contracts made by municipalities under charter powers granted them by the legislature. id. 6. an ordinance under which a gas company, in consideration of rights and privileges granted, covenanted, and .....

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May 12 1924 (FN)

Hecht Vs. Malley

Court : US Supreme Court

Decided on : May-12-1924

hecht v. malley - 265 u.s. 144 (1924) u.s. supreme court hecht v. malley, 265 u.s. 144 (1924) hecht v. malley nos. 99, 100, 101, 119 argued may 3, 1923 decided may 12, 1924 265 u.s. 144 certiorari to the circuit court of appeals for the first circuit syllabus 1. the special excise tax laid by the revenue act of 1916 on "every corporation, joint-stock company or association, now or hereafter organized in the united states for profit and having a capital stock represented by shares, and every insurance company, now or hereafter organized under the laws of the united states, or any state or territory," did not apply to associations, such as "massachusetts trusts," not organized under, or deriving any quality or benefit from, a statute. eliot v. freeman, 220 u. s. 178 . p. 265 u. s. 151 . 2. in adopting language used in an earlier act, congress must be regarded as adopting also the construction given that language by this court. p. 265 u. s. 153 . 3. the special excise laid by 1000(a) of the revenue act of 1918 (40 stat. 1057) on every " domestic corporation," -- the act ( 1) defining the term "corporation" as including "associations, joint-stock companies, and insurance companies," and the term "domestic," when applied to a corporation or partnership, as meaning "created or organized in the united states" -- extends to organizations exercising the privilege of doing business as associations under the common law. p. 265 u. s. 154 . 4. organizations known as "massachusetts trusts .....

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