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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Court: us supreme court Year: 1905 Page 1 of about 53 results (0.104 seconds)

Jan 09 1905 (FN)

Slavens Vs. United States

Court : US Supreme Court

Decided on : Jan-09-1905

..... general may discontinue the entire service on any route whenever the public interest, in his judgment, shall require such discontinuance, he allowing, as full indemnity to the contractor, one month's extra pay." in the contract it is stipulated: "it is hereby stipulated and agreed by the said contractor and his sureties that the postmaster general may change the schedule and ..... and, the contractor declining to perform the work remaining at the lower compensation, put an end to the contract by an order of discontinuance, allowing the contractor one month's extra pay as full indemnity. it is contended by the appellant that this contract, properly construed, while it permits the postmaster general to make changes in the schedule and termini of the ..... , it was within the power of the postmaster general to put an end to the contract by order of discontinuance, allowing one month's pay as indemnity, and to relet the remaining service; the power to terminate the contract on allowing a month's pay as indemnity was not predicated on an abandonment of the entire service. while the provisions in a ..... reservation, the postmaster general would be authorized to discontinue the entire service contemplated by the contract, and the practical effect of that would be to terminate the contract itself on making the indemnity specified." as to the other claim for extra services, n the stipulation of the contracts, it appears that the contractor was required to perform all new or additional or changed .....

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Nov 27 1905 (FN)

Royal Ins. Co. Vs. Miller

Court : US Supreme Court

Decided on : Nov-27-1905

..... affected by the mortgage after its harvest or manufacture into sugar up to the time of its removal or warehousing. third. that the rights of the mortgage creditor attached to indemnity for insurance upon the mortgaged property, including the crops, provided the loss occurred after the execution of the mortgage. under the construction which we have given the policy of insurance ..... from the same source of title, or based upon the same cause of action, may be joined and brought in one action." the claims of both parties depended upon the contract of insurance. there was no inherent antagonism between the two claims, since the amendment making lucas amadeo a party expressly alleged that his rights in and to the policy were ..... the contracts with which the controversy is concerned, the pleadings, and such uncontroverted facts as are essential to be borne in mind in order to comprehend the issues raised by the assignments ..... plaintiff. the facts are stated in the opinion. mr. justice white delivered the opinion of the court. whether a judgment upon a verdict enforcing against the plaintiff in error a contract of fire insurance is erroneous is the general question for decision. the record is confused, the pleadings involved, and the errors assigned numerous. we shall therefore, at the outset, state .....

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May 29 1905 (FN)

Supreme Lodge Vs. Meyer

Court : US Supreme Court

Decided on : May-29-1905

..... -- namely, to accept it 'subject to all the conditions therein contained.' the contract was not completed, in the sense that page 198 u. s. 519 it was binding upon either party to it, until it was delivered in new ..... was one of those 'further agreements.' from these terms of the agreements of the parties, the only natural conclusion is that the place of the contract was where it was intended and understood to be consummated. its completion depended upon the execution by the member of the further agreement indorsed upon the certificate ..... we quote counsel: "the attempted application of sections 834 and 836 of the civil code of procedure of the state of new york to the contract in the case at bar is a violation of the federal constitution." these contentions may be said to have the same ultimate foundation, but regarding ..... ," and that their testimony was therefore properly excluded under 834 and 836. the court also held that the certificate of insurance was a new york contract. judge gray and chief judge parker concurred in the latter view, but dissented as to the application of the code sections. plaintiff in error contests ..... to which the case was remitted, and this writ of error was then sued out. there are two questions in the case -- the place of the contract page 198 u. s. 516 and the effect of the following provision in the certificate of insurance: "and i hereby, for myself, my heirs, assigns .....

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Dec 18 1905 (FN)

Sjoli Vs. Dreschel

Court : US Supreme Court

Decided on : Dec-18-1905

..... homestead laws of the united states; and, that the secretary of the interior has no authority to withdraw from sale or settlement lands that are within indemnity limits which have not been previously selected, with his approval, to supply deficiencies within the place limits of the company's road. * these principles, ..... therefore, stand in the way of the lands' being occupied and entered under the homestead laws. the mere filing of its lists of selections of indemnity page 199 u. s. 569 lands did not have the effect to exclude them from occupancy under the preemption or homestead laws. on the contrary, ..... as already stated, the result of the cases in this court is that the railroad company did not acquire an interest in any particular lands within the indemnity limits merely by filing its lists of selections, nor until its selections were approved by the secretary of the interior. in musser v. mcrae, 38 ..... was issued to him under date of june 18, 1901. his title rests upon that patent. dreschel's claim to the land arises out of a contract made by him april 21, 1900, with the northern pacific railway company, by which that corporation agreed to sell to him the land in question. ..... and homestead laws of the united states. 4. the secretary of the interior has no authority to withdraw from sale or settlement lands within the indemnity limits which have not been previously selected, with his approval, to supply deficiencies within the place limits of the company's road. the facts are .....

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Jan 09 1905 (FN)

Union Stock Yards Vs. Chicago, B. and Q. R. Co.

Court : US Supreme Court

Decided on : Jan-09-1905

..... 's negligence has been established by a competent tribunal, and the inquiry here is may the terminal company recover contribution, or, more strictly speaking, indemnity, from the railroad company because of the damages which it has been compelled to pay under the circumstances stated? nor is the question to be ..... inspect the car with such reasonable diligence as would have discovered the defect in it. it may be conceded that, the railroad company having a contract with the terminal company to receive and transport the cars furnished, it was bound to use reasonable diligence to see that the cars were turned ..... matter as to which the defendants were experts and the plaintiff presumably was not. whether the false warranty be called a tort or a breach of contract, the consequences which ensued must be taken to have been contemplated, and were not too remote. the fact that the reliance page 196 u. ..... court of appeals propounds the following question: "is a railroad company which delivers a car in bad order to a terminal company, that is under contract to deliver it to its ultimate destination on its premises for a fixed compensation, to be paid to it by the railroad company, liable to the ..... to it by the defendant. the plaintiff receives no part of the charge to the shipper for the transportation of the cars, but the defendant contracts with the shipper to deliver the cars to their places of ultimate destination in the plaintiff's yards, and receives from the shipper the compensation therefor .....

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Jan 16 1905 (FN)

United States Vs. Harvey Steel Co.

Court : US Supreme Court

Decided on : Jan-16-1905

..... monuments in a deed. as we have said, this identification by a personal experiment and by common speech is carried forward into the contract in suit. the latter contract manifests on its face that it is dealing with a process actually in use, which requires the communication of practical knowledge, and which ..... the process actually used. we think that this can be gathered from the agreement itself, apart from the mere supposition of the parties. the contract dealt with a process "known as the harvey process." it imported the speech of the parties and the common speech of the time into the ..... , and one of which, the imparting of its secret information and improvements, it had performed under the original agreement, out of which the last contract sprang. the argument is put mainly on the construction of the clause quoted, coupled with the further argument that the united states ought not to ..... the offer by the navy department, and an agreement by the united states to pay the expense of applying "the said process," etc. the contract then went on to agree that the united states, upon the terms stated, might use "the hereinbefore-mentioned process known as the harvey process,'" gave ..... admitting there was no outstanding decision against it. held that this defense was not open. held further that, under the circumstances of this case, the contract, properly construed, extended to the process actually used, even if it varied somewhat from that described in the patent. the facts are stated in the .....

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Jan 30 1905 (FN)

Swift and Co. Vs. United States

Court : US Supreme Court

Decided on : Jan-30-1905

..... against each other in the purchase of livestock; or collusively and by agreement to refrain from bidding against each other at the sales of livestock; or by combination, conspiracy or contract raising or lowering prices or fixing uniform prices at which the said meats will be sold, either directly or through their respective agents; or by curtailing the quantity of such ..... attorneys, and all other persons acting in their behalf, or in behalf of either of them, or claiming so to act, from entering into, taking part in, or performing any contract, combination or conspiracy, the purpose or effect of which will be, as to trade and commerce in fresh meats between the several states and territories and the district of columbia ..... . see norfolk & western ry. v. sims, 191 u. s. 441 . but the sixth section of the bill charges an interference with such sales, a restraint of the parties by mutual contract and a combination not to compete in order to monopolize. it is immaterial if the section also embraces domestic transactions. it should be added that the cattle in the stockyard .....

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Feb 20 1905 (FN)

Thompson Vs. Fairbanks

Court : US Supreme Court

Decided on : Feb-20-1905

..... , as it was only by virtue of that mortgage that possession could be taken. the supreme court of vermont has held that such a mortgage gives an existing lien by contract, which may page 196 u. s. 525 be enforced by the actual taking of possession, and such lien can only be avoided by an execution or attachment creditor whose lien ..... of the petition in bankruptcy, camp exercised his rights under this valid and equitable arrangement to possess himself of the property and make sale of it in pursuance of his contract, he was not guilty of securing a preference under the bankruptcy law." the principle that the taking possession may sometimes be held to relate back to the time when the ..... within the four months, yet it originated in october, 1897, and there was no preference under the facts of that case. "what was done was in pursuance of the preexisting contract, to which no objection is made. camp furnished the money out of which the property, which is the subject of the sale to him, was created. he had good right .....

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Feb 20 1905 (FN)

Worcester Vs. Street Railway Co.

Court : US Supreme Court

Decided on : Feb-20-1905

..... , which the legislature is unable to touch either by way of limitation or extinguishment. if these restrictions or conditions are to be regarded as a contract, we think the legislature would have the same right to page 196 u. s. 552 terminate it, with the consent of the railroad company, ..... s. 79 , it was also held that a municipal corporation was the mere agent of the state in its governmental character, and was in no contract relations with its sovereign at whose pleasure its charter may be amended, changed, or revoked without the impairment of any constitutional obligation. it was also ..... pleasure, and may, through its legislature or other appointed channels, govern the local territory, as it governs the state at large. it may enlarge or contract its powers, or destroy its existence. as a portion of the state, in the exercise of a limited portion of the powers of the state, ..... in the streets, as provided for in those restrictions or conditions, the subsequent legislation contained in the act of 1898 impaired the obligation of that contract, and was therefore void as a violation of the constitution of the united states. in the view we take of this subject, it may be ..... against the railroad company, and were heard upon the bills and demurrers thereto, the court sustaining the demurrers; the fifth case was an action on contract originally brought by the city against the railroad company, in the superior court, and heard upon demurrer to the complaint, which was sustained and judgment .....

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Feb 20 1905 (FN)

Smiley Vs. Kansas

Court : US Supreme Court

Decided on : Feb-20-1905

..... destroyed by legislative enactment. in pursuance of that freedom, parties may seek to further their business interests, and it may not be always easy to draw the line between those contracts which are beyond the reach of the police power and those which are subject to prohibition or restraint. but a secret arrangement, by which, under penalties, an apparently existing ..... county attorney filed in the district court of rush county, kansas, an information charging that the defendant did, on november 20, 1900, "then and there unlawfully enter into an agreement, contract, and combination, in the county of rush page 196 u. s. 449 and the state of kansas, with divers and sundry persons, partnerships, companies, and corporations of grain dealers ..... any article or commodity of merchandise, produce, or commerce intended for sale, use, or consumption in this state. fifth. -- to make or enter into, or execute or carry out, any contract, obligation, or agreement of any kind or description by which they shall bind or have to bind themselves not to sell, manufacture, dispose of, or transport any article or commodity ..... have ascertained the meaning, scope and validity of the statute by pursuing a rule of construction different from that recognized by this court. while there is a certain freedom of contract which the states cannot destroy by legislative enactment, in pursuance whereof parties may seek to further their business interests, the police power of the states extends to, and may prohibit .....

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