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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1888 Page 2 of about 63 results (0.072 seconds)

May 14 1888 (FN)

Travelers' Ins. Co. Vs. McConkey

Court : US Supreme Court

Decided on : May-14-1888

..... injury unless the claimant under the policy establishes by direct and positive proof that such death or personal injury was caused by external violence and accidental means. such being the contract, the court must give effect to its provisions according to the fair meaning of the words used, leaning, however, where the words do not clearly indicate the intention ..... of credible testimony that the deceased came to his death from injuries (or an injury) effected through external, violent, and accidental means within the intent and meaning of the contract and conditions expressed in the policy." that instruction was given with the following explanation or qualification: "that it does clearly appear from the evidence that the insured came to ..... death of the insured was occasioned by bodily injuries effected through external, violent, and accidental means (or effected through external violence and accidental means) within the meaning of the contract of insurance. it alleges: 1. that his death was caused by suicide; 2. that it was caused by intentional injuries inflicted either by the insured or by some other ..... , at any time within the continuance of this policy, shall have sustained bodily injuries, effected through external, violent, and accidental means within the intent and meaning of this contract and the conditions hereunto annexed, and such injuries alone shall have occasioned death within ninety days from the happening thereof, or if the insured shall sustain bodily injuries by means .....

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May 14 1888 (FN)

Mosher Vs. St. Louis, I.M. and S. Ry. Co.

Court : US Supreme Court

Decided on : May-14-1888

..... statements of the passenger or other evidence, facts alleged to have taken place before the beginning of the return trip, and as to which the contract on the face of the ticket made the stamp of the agent of the hot springs railroad company at hot springs the only and conclusive proof. ..... inquire into the previous circumstances, or to permit him to travel on the train. it would be inconsistent alike with the express terms of the contract of the parties and with the proper performance of the duties of the conductor in examining the tickets of other passengers and in conducting his train ..... expense which he thereby incurred. but this case does not require the expression of any opinion upon that question. by the first condition of the contract contained in the plaintiff's ticket, the defendant is not responsible beyond its own line. consequently it was not responsible to the plaintiff for failing to ..... that no agent or employee of any of the lines has any power to alter, modify, or waive any of the conditions of the contract. by the express contract between the parties, therefore, the plaintiff had no right to a return passage under the ticket unless it bore the stamp of the agent ..... one first class passage to hot springs, ark., and return when officially stamped on back hereof and presented with coupons attached," and containing a "tourist's contract," signed by the plaintiff as well as by the ticket agent, by which, "in consideration of the reduced rate at which this ticket is sold," the .....

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May 14 1888 (FN)

Falk Vs. Moebs

Court : US Supreme Court

Decided on : May-14-1888

..... made payable to c. t. allen cashier, or order, indicates that it was made to him not as an individual, but as a bank officer, and that it was a contract with the bank, and in a suit upon it by the bank no endorsement by such cashier is necessary to the admission of the note in evidence." to the same ..... the evidence contained in the said deposition of arnold falk was rightfully rejected, and that to have admitted it as legal evidence would have been in effect to allow a contract in writing to be changed and modified, in an action at law, by extrinsic evidence, contrary to the rule of law which forbids such change or modification. upon this question ..... the language of the contracting party, but who is the contracting party. on the other hand, it is insisted with equal earnestness by the defendant in error that the endorsement is unambiguous, and is in plain terms that of ..... ) should be considered and read with the notes and the endorsement upon them, not so much for the purpose of varying the terms of the contract embraced in the notes as for the purpose of elucidating that contract, and for the purpose of showing who was in fact the endorser -- not for the purpose of showing what is the true construction of .....

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May 10 1888 (FN)

Graham Vs. Boston, Hartford and Erie Railroad Company

Court : US Supreme Court

Decided on : May-10-1888

..... mutually agreed upon, and whenever certificates, under oath, of said boston, hartford and erie page 118 u. s. 167 railroad company, and a like certificate, under oath, of the other contracting corporation, shall be lodged in the office of the secretary of state showing such sale and conveyance, and containing a full description of the rights and property conveyed, then and ..... for said bonds, and that this whole transaction was made for the benefit of said erie railway, in accordance with a contract made between the officers of the two roads, the said officers that made and concluded said transactions and contract being substantially one and the same persons." the substance of these allegations is that the persons who acted in the interest .....

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Apr 30 1888 (FN)

United States Ex Rel. Angarica Vs. Bayard

Court : US Supreme Court

Decided on : Apr-30-1888

..... of the proceeds is beyond dispute;" that congress exercised its discretion in regard to the payment of interest in the case of the japanese indemnity fund and in the case of the alabama claims fund; that it is res adjudicata that the secretary of state has no discretionary power to ..... had renounced his allegiance to the united states. and it is further agreed that the arbitrators shall not have jurisdiction of any demands growing out of contracts. " "6. the expenses of the arbitration will be defrayed by a percentage to be added to the amount awarded. the compensation of the arbitrators ..... be predicated in this case upon the language of any notification or circular or letter which issued from the department of state. no binding contract for the payment of interest was thereby created, and the present secretary was at liberty to act on his own judgment in the premises, ..... established as a general rule in the practice of the government that interest is not allowed on claims against it, whether such claims originate in contract or in tort and whether they arise in the ordinary business of administration or under private acts of relief, passed by congress on special application ..... any notification, or circular or letter which issued from the department of state during the administration of a predecessor of the secretary, no binding contract for the payment of interest was thereby created, and the present secretary was at liberty to act on his own judgment, irrespective of anything contained .....

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Apr 30 1888 (FN)

Freedman's Savings and Trust Co. Vs. Shepherd

Court : US Supreme Court

Decided on : Apr-30-1888

..... of certain officers of the army, and for other purposes." 12 stat. 596. in the original act, it immediately followed a section providing "that all contracts made for, or orders given for, the purchase of goods or page 127 u. s. 505 supplies by any department of the government shall be promptly ..... the benefit of thompson, are absolutely void for every purpose, and as to everybody, under the provisions of the statutes relating to the transfer and assignment of contracts with, or claims against, the united states. it is insisted by the trust company that the transfer by bradley to shepherd of the lease of june ..... mortgagee to take possession upon failure by the mortgagor to perform the conditions of the mortgage. section 3737 of the revised statutes respecting the transfer of contracts with the united states does not embrace a lease of real estate, to be used for public purposes, under which the lessor is not required to ..... the mischief which congress intended to prevent. although a lease such as bradley made is a "contract" in the broadest sense of that word, we are not prepared to hold that it is of the class of contracts the transfer of which, or of any interest therein, is prohibited by 3737. it is also ..... order transferred so far as the united states are concerned. all rights of action, however, for any breach of such contract by the contracting parties are reserved to the united states." this provision was brought forward from an act of congress approved july 17, 1862, entitled .....

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Apr 30 1888 (FN)

United States Vs. Beebe

Court : US Supreme Court

Decided on : Apr-30-1888

..... by them for public use, mr. justice gray is careful to say: "this case does not present the question what effect the statute may have in an action on a contract in which the united states have nothing but the formal title, and the whole interest belongs to others," and cites maryland v. baldwin, 112 u. s. 490 ; miller v. state .....

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Apr 23 1888 (FN)

United States Vs. Louisiana

Court : US Supreme Court

Decided on : Apr-23-1888

..... v. county of adams, 100 u. s. 61 . in that case, the county of adams had made a contract with the emigrant company to convey to it the county's swamp lands and claim for indemnity against the united states on account of swamp lands which had been sold by the united states, and had given a deed ..... at the dates stated in finding 1, admitted and certified the above sums to be due to the state on account of the 5 percent fund and the indemnity for swamp lands purchased by individuals within the state, but directed those amounts to be credited on moneys due the united states, as stated in finding 3, ..... wright county, with the assent of a majority of the voters of the county, having contracted in writing with the emigrant company to sell to it all the swamp lands in the county, and the claim of the county for indemnity against the united states for swamp lands which had been sold by the united states, and ..... in pursuance of the contract. it afterwards filed a bill to rescind the contract and the deed, and obtained in the circuit court a ..... having executed a deed of a quantity of the lands to the company, the county filed a bill in equity to set aside the contract and deed, and obtained a decree to .....

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Apr 23 1888 (FN)

Peoria and PekIn Union Ry. Co. Vs. Chicago Andc.; R. Co.

Court : US Supreme Court

Decided on : Apr-23-1888

..... reasonable rent as between the petitioner and a stranger like this defendant, who had no interest in its stock and was no party to that contract. as observed in the opinion of the circuit court: "the peoria and pekin union company was really owned by the other companies which made ..... in the circuit court, in which he said: "on looking into the question at the time, the judge was of the opinion that the contract which was demanded of the receiver by the peoria and pekin union company was oppressive in its terms, and doubted whether the receiver could afford to ..... the petitioner should have except as the result of the conditions upon which the receiver continued to use the property after the attempted making of a contract between the parties resulting in the notice page 127 u. s. 204 referred to," but found "from their relations and the implied understanding upon ..... railroad, and acquired by purchase the peoria, pekin and jacksonville railroad, and having improved the terminal accommodations and facilities at peoria, entered into a contract in writing with the four companies aforesaid by which it leased to them for fifty years the tracks between pekin and peoria, with the use of ..... was owned by four other companies, whose roads connected, having obtained a lease of another connecting railroad, and improved the terminal facilities, made a contract with the four companies, by which they should have the use of its tracks and terminal facilities for fifty years, each paying the same fixed rent .....

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Apr 09 1888 (FN)

Powell Vs. Pennsylvania

Court : US Supreme Court

Decided on : Apr-09-1888

..... of protection in the several states, and only such restraints were placed upon the action of the states as would prevent conflict with its authority, to secure the fulfillment of contract obligations, and insure protection against punishment by legislative decree or by retrospective legislation. by the first section of the fourteenth amendment, which had its origin in the new conditions and ..... act shall take effect, is hereby declared to be unlawful and void, and no action shall be maintained in any of the courts in this state to recover upon any contract for the sale of any such article or substance." "section 3. every person, company, firm, or corporate body who shall manufacture, sell, or offer or expose for sale, or have .....

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