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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1929 Page 1 of about 31 results (0.052 seconds)

Nov 25 1929 (FN)

Herbring Vs. Lee

Court : US Supreme Court

Decided on : Nov-25-1929

..... ) it shall be unlawful for any fire insurance company doing business in the state of oregon to write, place, or cause to be written or placed, any policy or contract for indemnity or insurance on property situated or located in the state of oregon except through or by the duly authorized agent or agents of such insurance company residing and doing business .....

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Apr 08 1929 (FN)

London Guar. and Acc. Co., Ltd. Vs. Indus. Accident Co., Ltd.

Court : US Supreme Court

Decided on : Apr-08-1929

..... compensation act from a shipbuilder for injuries which a carpenter received while he was working on an unfinished vessel moored in the willamette river. the contract for constructing the vessel was nonmaritime, and although the uncompleted structure upon which the accident occurred was lying in navigable waters, neither page 279 ..... workmen's compensation under a state statute could not be awarded for the death of a workman killed while engaged at maritime work under a maritime contract upon a vessel moored on navigable waters and discharging her cargo. in robins dry dock co. v. dahl, 266 u. s. 449 , ..... writing, and that such a contract was not subject to state limitation, because such limitation would materially prejudice the characteristically uniform features of the general maritime law. the same principle ..... harmony and uniformity of maritime law. in union fish co. v. erickson, 248 u. s. 308 , it was held that a maritime contract of employment was not affected by the california statute of frauds requiring such an agreement where not to be performed within a year to be in ..... the local statute, that they had not consciously contracted in view of admiralty, and such an exception would not injure any characteristic feature of the general maritime law or the harmony or uniformity of that law in its international and state relations. in millers' indemnity underwriters v. braud, 270 u. s. .....

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Mar 05 1929 (FN)

Flink Vs. Paladini

Court : US Supreme Court

Decided on : Mar-05-1929

..... in excess of the fund he is willing to risk in the enterprise," 26 f.2d 24; richardson v. harmon, 222 u. s. 96 , 222 u. s. 103 ; hartford accident & indemnity co. v. southern pacific co., 273 u. s. 207 , 273 u. s. 214 . for this purpose, no rational distinction can be taken between several persons owning shares in a vessel ..... that the stockholders of a. paladini, inc., were not the owners of the henrietta, and that their liability under the law of california was an independent one voluntarily assumed by contract, with which the acts of congress do not interfere. the circuit court of appeals disposed of the case after a thorough discussion. it is unnecessary to do more than to ..... the state, article xii, 3, and the civil code, 322, which provide that each stockholder shall be individually and personally liable for such proportion of all its debts and liabilities contracted during the time he was a stockholder as the amount of stock owned by him bears to the whole of the subscribed capital stock. the respondents took proceedings in the .....

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May 20 1929 (FN)

Marshall and Co. Vs. S.S. president Arthur

Court : US Supreme Court

Decided on : May-20-1929

..... otherwise would have had. 2. holding that the lien was waived, it becomes unnecessary to determine whether the deliveries of the endorsed acceptances constituted under the contracts payments of the purchase price which would have extinguished the lien. the decree is affirmed. [ footnote 1 ] 36 stat. 604, c. 373. [ ..... 757 (1875), the libellant, before making repairs on the vessel page 279 u. s. 571 at her home port, had entered into a written contract specifying that they were to be paid for partly in cash and partly in endorsed notes -- that is, negotiable notes, with personal security. miller, circuit ..... acceptance in a state court, against the endorsers only. this is still pending and undetermined. the questions presented here are: whether, under the contracts, the company waived the maritime lien which it would otherwise have had on the steamship to secure the payment of the purchase price, and, ..... the line gave the company its two trade acceptances endorsed by the three designated persons, these being consolidations of the four acceptances required by the two contracts. the acceptance for $11,794.54, first maturing, was duly paid. the acceptance for $9,382.62, maturing later, was not paid, ..... obtained by discounting the acceptances, thus endorsed, prior to their maturity. thereupon, in february and march, 1925, the parties entered into two written contracts for the coal. each of these provided that the company should sell and the line, as owner of the steamship, should buy at a .....

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May 27 1929 (FN)

Gulf Refining Co. Vs. Atlantic Mut. Ins. Co.

Court : US Supreme Court

Decided on : May-27-1929

..... respondent paid only $3,258.25, that portion of the indemnity claimed which the agreed policy value bore to sound value at the time of the contribution, or that portion of the general average contribution which the ..... for purposes of computation of the insurance liability, the cargo shall be taken at an agreed value. within this limitation, the policy is still a policy of indemnity, and the insured must prove the sound value of the cargo, in order to ascertain his actual loss, by deducting from it the amount of the proceeds ..... assignable page 279 u. s. 712 purpose of the agreed value is to substitute a definite for an uncertain prime value, and to eliminate from the contract, in the interest of both the insured and the insurer, the fluctuation of liability which would otherwise result from a change in sound value. to allow ..... valuation clause estops the insurer from showing that the sound value of the cargo was greater than the agreed value, and so reducing the amount of its indemnity; also that the rule to be applied to the present case should be the same as that applied to insurance on hulls, where the insured is ..... on the basis of the actual value of the cargo at destination, which was taken to be $417,178. petitioner made claim on the policy for indemnity of $6,411.54, the proportion of the general average contribution which the amount of the policy bore to the agreed policy value of the cargo. .....

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Apr 08 1929 (FN)

Gilchrist Vs. Interborough Rapid Transit Co.

Court : US Supreme Court

Decided on : Apr-08-1929

..... van devanter, mr. justice sutherland, and mr. justice butler dissent. [ footnote 1 ] these and similar figures are mere rough approximations. [ footnote 2 ] this and subsequent contracts designate agreements for operation as leases. [ footnote 3 ] these and similarly stated figures are intended only to give a fair idea of the problems presented; they do not indicate ..... were contemplated. a board of rapid transit railroad commissioners with general supervisory powers over the construction and operation of rapid transit lines was authorized and given authority to contract concerning fares; also to issue "extension certificates" upon such terms, conditions, and requirements as might appear just and proper. in 1894, an amendment directed that ..... elevated trains over designated portions of the new subways -- "supplementary agreement." contract no. 3 -- 122 printed pages -- with great detail provided for immediate (and possible future) extensions of and additions to the subway system then existing, also their equipment and ..... related agreements (dated march 19, 1913) with the interborough and manhattan companies for (1) the construction and operation of extensions to the old lines and certain new subways -- "contract no. 3;"(2) a third track on the elevated lines -- "third track certificate;" (3) extensions to the elevated lines -- "extension certificate;" (4) for operation of .....

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Dec 02 1929 (FN)

Railroad Commission Vs. Los Angeles Ry. Corp.

Court : US Supreme Court

Decided on : Dec-02-1929

..... observed. even if necessary to decide the question, i would not be prepared to say that the refusal of the commission to fix a fare different from the contract rate would destroy the contract. by contracting for a five-cent fare, the railway company waived the protection of the due process clause of the fourteenth amendment. columbus ry. co. v. columbus, ..... preliminary to the whole case is whether the railroad company has bound itself to serve for a five-cent fare. i know of no principle of the law of contracts, qua contracts, which would preclude its doing so, even though the city had no power to obligate itself to maintain any particular rate. it has not purported to exercise such ..... and determine the charges for telephones and telephone service and connections.' this is an ample authority to exercise the governmental power, . . . but entirely unfitted to describe the authority to contract. it authorizes command, but not agreement." section 470 of the civil code (march 21, 1872), cited by appellants, merely regulates procedure. section 497 authorizes political subdivisions to grant authority ..... requiring the sale of such franchises upon advertisement stating the character of the franchise or privilege proposed to be granted, but nowhere expressly empowering the city to establish rates by contract, and the amendment thereof, june 8, 1915 (stats.1915, p. 1300), which authorizes grantors of such franchises to impose such additional terms and conditions, whether "governmental or .....

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May 13 1929 (FN)

United States Vs. Fruit Growers Express Co.

Court : US Supreme Court

Decided on : May-13-1929

..... company prepared its reports of ice delivered, and rendered bills to the consignees of the shipments at pittsburgh in accordance with its tariffs and schedules. in the performance of the contract, as the recitals of the counts of the indictment show, the agent of the express company in fifty-nine instances delivered less ice in each car, and in sixteen instances ..... and tariffs had stipulated to perform with the shippers of such shipments. the express company, as provided in the contract, made and furnished written reports page 279 u. s. 366 of the quantity of ice placed by it in the bunkers of the cars for the railroad company at ..... perishable commodities transported to pittsburgh by the pennsylvania railroad, for misreporting ice furnished and falsifying the official records of the railroad company showing expenditures made in those shipments. by a contract executed by the two companies on may 1, 1925, the express company agreed to perform the icing and other service which the railroad company by and through its published schedules ..... s. 363 appeal from the district court of the united states for the western district of pennsylvania syllabus the defendant, a corporation performing the service of icing refrigerator cars under contract with a railroad company, made out and delivered to.the railroad company false reports concerning the quantity of ice used, which reports were kept by the railroad company as required .....

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Apr 08 1929 (FN)

Carson Petroleum Co. Vs. Vial

Court : US Supreme Court

Decided on : Apr-08-1929

..... elevator in illinois, where, for his own purpose, he proceeded to inspect, weigh, clean, clip, dry, sack, grade, or mix it, and had power under his contract with the carriers either to change its ownership, consignee, or destination, or to restore the grain, after the processes mentioned, to the carriers to be delivered at the destination ..... taxation in wyoming, where they stopped and grazed on their way. in hughes bros. timber co. v. minnesota, 272 u. s. 469 , pursuant to a contract of sale, logs cut were gathered on the swamp river in minnesota by the vendors and were floated by river to lake superior, there loaded onto the vendee's ..... case. here, the case is even stronger in that the owner and initiator of the journey could not, by his contract, divert the logs after they had started from swamp river without a breach of contract made by him with his vendee, who, by the agreement of sale, divided with him the responsibility for the continuous ..... we understand, means that, if the capacity of the ship is either more or less than the quantity of oil contracted for, the buyer can demand a delivery of the ship's capacity at the contract price of the oil per gallon, provided the quantity shall be not more than ten percent above or below the quantity ..... contracted for. a delivery of the oil thus sold is made by loading the oil aboard the ship chartered by the buyer. until the oil is .....

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Dec 06 1929 (FN)

Wells Fargo and Co. Vs. Taylor

Court : US Supreme Court

Decided on : Dec-06-1929

..... no statute regulating the subject, it is settled by the decisions of this court, and is recognized in other jurisdictions, that the messenger's agreement was a valid and binding contract whereby taylor agreed to assume all risk of injury incident to his employment, from whatever cause arising, assented to the contractual arrangement between the two companies in respect of such ..... officers, agents, or employees, or from any defect or insufficiency, due to its negligence, "in its cars, engines, appliances, machinery, track, roadbed," etc., and, in 5, it declares that any contract whereby a common carrier exempts itself from "any liability created by this act" shall to that extent be void. in his declaration in the state court, taylor did not claim ..... petition was denied. the railroad company, by its answer and evidence, sought to avail itself of the stipulation in the messenger's agreement, in connection with those in the other contract, but the court ruled against it, and taylor obtained the judgment before mentioned. what has been recited will conduce to a right understanding of another suit, the decree in which ..... the facilities furnished and service rendered by the railroad company, (b) to assume all risks, losses, and damages to its own property, express matter, and valuable packages transported under the contract, (c) to assume all risk and damage to its agents and employees while engaged in its business on the trains or property of the railroad company, and (d) to indemnify .....

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