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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Page 5 of about 9,392 results (0.085 seconds)

Dec 15 1913 (FN)

New York Life Ins. Co. Vs. Deer Lodge County

Court : US Supreme Court

..... answer the question, and it would rack ingenuity to attempt to vary its expression or more aptly illustrate it. a policy of insurance, the cases declare, is a personal contract, a mere indemnity, for a consideration, against the happening of some contingent event which may bring detriment to life or property, and its character is the same no matter what the event ..... of the business done. "issuing a policy of insurance is not a transaction of commerce. the policies are simply contracts of indemnity against loss by fire entered into between the corporations and the assured for a consideration paid by the latter. these contracts are not articles of commerce in any proper meaning of the word. they are not subjects of trade and barter ..... taken on essentially a national and international character, and that, when paul v. virginia was decided, the business was "to a great extent local -- that is, conducted through the domestic contracts by stock companies. the great and commanding organizations of the present day had hardly begun the amazing developments which have made them page 231 u. s. 508 the greatest associations ..... , collect the first premium, and deliver the policy, which is prepared and transmitted from the home office to him for such purpose. the company also employs an agency director by contract in writing directly with the home office through the mails, who supervises the work of soliciting agents and recommends those who desire to become such. the company also employs medical .....

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May 13 1912 (FN)

Philadelphia, B. and W. R. Co. Vs. Schubert

Court : US Supreme Court

..... the alleged defects of a particular scheme may be permitted to determine the validity of the statute, which is general in its application. . . . its provision that contracts of insurance, relief benefit, or indemnity, and the acceptance of such benefits, should not defeat recovery under the statute was incidental to the regulation it was intended to enforce. assuming the right of enforcement ..... 2071 of the code of iowa. this section, in the cases within its purview, abrogated the fellow servant rule, and the amendment provided: "nor shall any contract of insurance, relief benefit, or indemnity in case of injury or death, entered into prior to the injury between the person so injured and such corporation or any other person or association acting for ..... , the authority to enact this inhibition cannot be denied. if the legislature had the power to prohibit contracts limiting the liability imposed, it certainly could include in the prohibition stipulations of that sort in contracts of insurance, relief benefit, or indemnity, as well as in other agreements. . . . it does not aid the argument to describe the defense as ..... 215 u. s. 87 , 215 u. s. 97 -98), contained explicit provision that such a contract or the acceptance of benefits thereunder should not defeat the action. section 3 of that act was as follows: "that no contract of employment, insurance, relief benefit, or indemnity for injury or death, entered into by or on behalf of any employee, nor the acceptance of .....

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May 13 1912 (FN)

Leary Vs. United States

Court : US Supreme Court

..... principal bill to raise a trust for the government, and also that, so far as appears, it might be brought upon a supposed implied contract, whereas no such undertaking of indemnity would be implied by the law, citing united states v. ryder, 110 u. s. 729 . but observing that the petition might be ..... the petitioner knew of this suit, and still less that she knew the position taken by kellogg. he set up that the stock was taken as indemnity to himself for his promise to indemnify leary, etc., and said nothing about the petitioner's claim. if that claim is well founded and she ..... securities held in trust or on deposit" by kellogg from greene, being the above-mentioned railroad stock, should remain in kellogg's hands as security and indemnity to leary for signing the bond. it goes on to allege greene's failure to appear, a forfeiture of the bond, a suit upon it brought ..... under an agreement indemnifying him as bail of the party fraudulently procuring such funds was, under the circumstances of this case, entitled to intervene. a contract that certain specific assets in the hands of a trustee should be held as security for a specific contingent claim is necessarily express, and is nonetheless ..... amended in these respects, it held that amendment would be unavailing, as the contract was against public policy and void. 163 f. 442. the circuit court .....

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Dec 04 1911 (FN)

Grigsby Vs. Russell

Court : US Supreme Court

..... to deny the right to sell except to persons having such an interest is to diminish appreciably the value of the contract in the owner's hands. the collateral difficulty that arose from regarding life insurance as a contract of indemnity only ( godsall v. boldero, 9 east 72), long has disappeared ( phoenix mutual life ins. co. v. ..... had become void by the failure of burchard to pay the third premium ad diem, and that, when grigsby paid, he was making a new contract. but a condition in a policy that it shall be void if premiums are not paid when due means only that it shall be voidable at ..... interest in the life insured is the public policy that refuses to allow insurance to be taken out by such persons in the first place. a contract of insurance upon a life in which the insured has no interest is a pure wager that gives the insured a sinister counter-interest in having ..... fire & marine ins. co., 135 mass. 248. the company waived the breach, if there was one, and the original contract with burchard remained on foot. no question as to the character of that contract is before us. it has been performed and the money is in court. but, this being so, not only does the objection ..... bailey, 13 wall. 616). and cases in which a person having an interest lends himself to one without any, as a cloak to what is in its inception a wager have no similarity to those where an honest contract .....

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Feb 20 1911 (FN)

Chicago, Burlington and Quincy R. Co. Vs. Mcguire

Court : US Supreme Court

..... agreements of absolute waiver. the policy of the amendatory act was the same as that page 219 u. s. 572 of the original statute. its provision that contracts of insurance relief, benefit, or indemnity, and the acceptance of such benefits, should not defeat recovery under the statute, was incidental to the regulation it was intended to enforce. assuming the right ..... use and operation of any railway on or about which they shall be employed, and no contract which restricts such liability shall be legal or binding." the amendment of 1898 added the following provision: "nor shall any contract of insurance relief, benefit or indemnity in case of injury or death entered into prior to the injury between the person so injured ..... contract for insurance relief should limit the liability for damages, upon what ground can it be said that it was beyond the legislative ..... of enforcement, the authority to enact this inhibition cannot be denied. if the legislature had the power to prohibit contracts limiting the liability imposed, it certainly could include in the prohibition stipulations of that sort in contracts of insurance relief, benefit or indemnity, as well as in other agreements. but if the legislature could specifically provide that no .....

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Feb 21 1910 (FN)

Penman Vs. St. Paul Fire and Marine Ins. Co.

Court : US Supreme Court

..... and appliances in daily use in the business of the company. the rules of construction applicable to such a contract of insurance are well settled. the object of the contract is indemnity against the loss by fire of the business plant, or any portion of it, while used and occupied by ..... effective for the protection of the insured. in other words, the contract should be liberally construed in aid of the indemnity which was in contemplation of the parties who made it. w. & a. pipe lines ..... removed to the united states court for the western district of pennsylvania. plaintiff's statement, to use the local name for her pleading, alleged a contract of insurance whereby the insurance company insured, for the term of three years, against direct loss by fire, "a two-story shingle-roofed building, ..... against modification by custom of trade or manufacture or by agents, and are unambiguous, courts cannot admit parol testimony to alter the written words of the contract. northern assurance co. v. grand view building association, 183 u. s. 308 . 151 f. 961, affirmed. the facts, which involve ..... the owners in the manner and for the purposes for which it was designed. if its provisions are susceptible of two or more interpretations, that one should be adopted that will make the contract .....

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Apr 06 1908 (FN)

Allemannia Fire Ins. Co. Vs. Firemen's Ins. Co.

Court : US Supreme Court

..... commercial world for a long number of years, and it is entirely different from what is termed "double insurance" -- i.e., an insurance of the same interest. the contract is one of indemnity to the person or corporation reinsured, and it binds the reinsurer to pay to the reinsured the whole loss sustained in respect to the subject of the insurance to ..... of payment specified in the policy of the fulton company -- otherwise the defendant's policy would not be the contract of indemnity intended, and endless litigation might ensue." bearing in mind what the contract of reinsurance, pure and simple, means, and how these contracts have been enforced in the past when some special language has been introduced in regard to the payment under a ..... reinsurance policy, the question arises whether, by the use of the language of the eleventh subdivision, the contract of reinsurance, while .....

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Apr 06 1908 (FN)

Ware and Leland Vs. Mobile County

Court : US Supreme Court

..... a policy of insurance is not a transaction of commerce. the policies are simple contracts of indemnity against loss by fire, entered into between the corporations and the assured, for a consideration paid by the latter. these contracts are not articles of commerce in any proper meaning of the word. they are ..... it was said: "if the power to regulate interstate commerce applied to all the incidents to which said commerce might give rise and to all contracts which might be made in the course of its transaction, that power would embrace the entire sphere of mercantile activity in any way connected with ..... of goods." while the general principles applied in these cases are not be denied, there is a class of cases which hold that contracts between citizens of different states are not the subjects of interstate commerce simply because they are negotiated between citizens of different states, or by ..... should be stipulated, agreed, and understood that an actual receipt and delivery of the cotton or grain was to be had, and that said contracts were transferable and assignable." the sole question here presented is whether the statute in question is an attempt to regulate interstate commerce, for if ..... were printed: "on all marginal business, we reserve the right to close transactions without further notice when margins are about exhausted, and to settle contracts in accordance with the rules and customs of the exchange on which the order is placed, it being understood and agreed in all trades that .....

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Jan 09 1905 (FN)

Slavens Vs. United States

Court : US Supreme Court

..... 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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Mar 14 1904 (FN)

Northern Securities Co. Vs. United States

Court : US Supreme Court

..... s. 183 ): "issuing a policy of insurance is not a transaction of commerce. the policies are simply contracts of indemnity against loss by fire, entered into between the corporations and the assured, for a consideration paid by the latter. these contracts are not articles of commerce in any proper meaning of the word. they are not subjects of trade and ..... , regarding the future disposition of the manufactured articles; nothing looking to a transaction in the nature of interstate commerce." " * * * *" "we think the case now before us involves contracts of the nature last before mentioned, not incidentally or collaterally, page 193 u. s. 390 but as a direct and immediate result of the combination engaged in by defendants. . . ..... of its own stock, the american sugar refining company acquired nearly complete control of the manufacture of refined sugar within the united states. the bill charged that the contracts under which these purchases were made constituted combinations in restraint of trade, and that, in entering into them, the defendants combined and conspired to restrain the trade and ..... that the broad and sweeping language of the opinion of the court might tend to unsettle legitimate business enterprises, stifle or retard wholesome business activities, encourage improper disregard of reasonable contracts and invite unnecessary litigation. mr. justice white, with whom concurred mr. chief justice fuller, mr. justice peckham, and mr. justice holmes, dissenting. the northern securities .....

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