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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1888 Page 3 of about 63 results (0.067 seconds)

Mar 19 1888 (FN)

Bank of Redemption Vs. Boston

Court : US Supreme Court

Decided on : Mar-19-1888

..... said taxes the corporation has a lien on all the shares in the bank, and on all the rights and property of the shareholders in the corporate property, as an indemnity. it further appears from a comparison of the statutes on the subject that the action given by 9, for the recovery of the taxes, with interest at twelve percent per ..... , and the said tax, with interest thereon at the rate of twelve percent per annum from the day when the tax became due, may be recovered in an action of contract brought by the treasurer of such city or town." "sec. 10. the shares of such banks or other corporations shall be subject to the tax paid thereon by the corporation ..... in the bank of the plaintiff in error which are owned by other national banks on the same footing with all other shares. this was an action at law in contract to recover taxes alleged to have been illegally assessed. judgment for defendant. plaintiff sued out this suit of error. the case is stated in the opinion of the court. page .....

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Mar 19 1888 (FN)

Maynard Vs. Hill

Court : US Supreme Court

Decided on : Mar-19-1888

..... which follows the information obtained, void as a judicial act because it may recite the cause of its passage. many causes may arise, physical, moral, and intellectual -- such as the contracting by one of the parties of an incurable disease like leprosy, or confirmed insanity, or hopeless idiocy, or a conviction of a felony, which would render the continuance of the ..... the morals and civilization of a people than any other institution, has always been subject to the control of the legislature. that body prescribes the age at which parties may contract to marry, the procedure or form essential to constitute marriage, the duties and obligations it creates, its effects upon the property rights of both, present and prospective, and the ..... made or have force in said territory that shall in any manner whatever interfere with or affect private contracts or engagements bona fide and without fraud, previously formed," which clause was, by the organic act of oregon, enacted and made applicable to the inhabitants of that territory. under ..... public authority. legislation, therefore, affecting this institution and annulling the relation between the parties is not within the prohibition of the constitution of the united states against the impairment of contracts by state legislation. nor is such legislation prohibited by the last clause of article 2 of the ordinance of the northwest territory, declaring that "no law ought ever to be .....

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Mar 19 1888 (FN)

The Telephone Cases

Court : US Supreme Court

Decided on : Mar-19-1888

..... of patents declaring said bell not to be the original and first inventor of the inventions shown in his said patent or patents, have entered into an agreement and contract, or agreements and contracts, with said gray, edison, and others, or with their assignees, in writing, providing for the contingency of a decision of the commissioner of patents adverse to said bell ..... was in harrisburg, negotiations were begun with chellis for a transfer of the drawbaugh inventions to the owners of those of klemm and tisdel. these negotiations resulted in a conditional contract of the 22d of june, by reason of which chellis, jacobs, hill and drawbaugh went to washington and there, on the 21st of july, 1880, drawbaugh, claiming to "have invented ..... on the 29th of december, at this last interview, by which brown was to interest himself in getting out british patents. other inventions besides the telephone were included in the contract entered into for that purpose. bell returned to boston on the 1st of january and immediately set himself to work to complete his specification. he had it done so that ..... that time. but no one has said when the paper was actually handed to brown. bell says he cannot tell, but that it must have been after he made his contract with brown on the 29th of december. as the american specification was signed and sworn to five days before the interview with brown on the 25th of january, and the .....

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Mar 19 1888 (FN)

Davison Vs. Davis

Court : US Supreme Court

Decided on : Mar-19-1888

..... that the main purpose of the original agreement had failed and had been abandoned. the only thing we have to guide us as to what the new contract was is the receipt of january 29, 1877, the terms of which we have already adverted to. from those terms it is clear that the sale ..... the louisville city railway company, to be delivered to davison upon the payment of his note. a mere receipt is subject to explanation, but an agreement or contract in a receipt is as conclusive as in any other paper executed between the parties. therefore, although the object of the original agreement was, or may have ..... of it had circumstances taken an unfavorable direction." the reason why the party seeking relief in that case could not be compelled to execute his part of the contract was his pecuniary inability to execute it -- a circumstance which also existed in the present case. but, as before stated, the complainants contend that the ..... said first party." "and it is furthermore agreed that in case of the death of page 125 u. s. 93 either of the parties to this contract, the survivor shall be entitled to purchase the stock of said deceased party, within one year from the time of such decease at a price not exceeding ..... that the sale was, conditional, not to be completed until payment of the note. the remedy by bill in equity to compel a specific performance of a contract page 125 u. s. 91 to sell personal property upon the payment of a promissory note given by the other party, payable at a date after the .....

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Mar 19 1888 (FN)

Cunningham Vs. Norton

Court : US Supreme Court

Decided on : Mar-19-1888

..... discretion as to the times and modes of selling and disposing of said estate as it respects making sales for cash or on credit at public auction or by private contract, taking a part for the whole where the trustee shall deem it expedient so to do, then in trust to dispose of the proceeds of said property in the manner .....

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Mar 19 1888 (FN)

Southern Development Co. Vs. Silva

Court : US Supreme Court

Decided on : Mar-19-1888

..... fraudulent representations on this point made out -- not such a case as would justify the interposition of a court of equity to set aside the contract under consideration on the ground of fraudulent representations. as regards the little hole or shaft that had been sunk at the "point of location" ..... brings evidence sufficient to overcome the natural presumption of fair dealing and honesty, a court of equity will not be justified in setting aside a contract on the ground of fraudulent representations. in order to establish a charge of this character, the complainant must show by clear and decisive proof: first ..... in the opinion of the court. mr. justice lamar delivered the opinion of the court. this is a bill in equity to rescind a contract of purchase of a silver mine on the ground of fraudulent representations and to recover the consideration paid. the suit was commenced originally in the ..... that he knew that it was false. when the purchaser of a property undertakes to make investigations of his own respecting it before concluding the contract of purchase, and the vendor does nothing to prevent his investigation from being as full as he chooses, the purchaser cannot afterwards allege that ..... one witness with corroborating circumstances, applies when the equity of the complainant's bill is the allegation of fraud. in order to rescind a contract for the purchase of real estate on the ground of fraudulent representation by the seller, it must be established by clear and decisive proof that .....

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Mar 19 1888 (FN)

Bowman Vs. Chicago and Northwestern Ry. Co.

Court : US Supreme Court

Decided on : Mar-19-1888

..... or the other may be involved in the execution of such contracts. stone v. mississippi, 101 u. s. 814 , 101 u. s. 816 ; butchers' union co. v. crescent city co., 111 u. s. 746 , 111 u. s. 751 ; new orleans gas co ..... of government was to preserve the public health, morals, and safety; that it could not divest itself of that power, nor, by contract, limit its exercise, and that even the constitutional prohibition upon laws impairing the obligation of contracts does not restrict the power of the state to protect the health, the morals, or the safety of the community, as the one .....

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Mar 19 1888 (FN)

Western Union Tel. Co. Vs. Attorney General

Court : US Supreme Court

Decided on : Mar-19-1888

..... the commonwealth under the provisions of said sections forty, forty-two, forty-three, forty-five, forty-seven, fifty, fifty-one, and fifty-two, he may forthwith commence an action of contract in his own name, as treasurer, for the recovery of the same, with interest at the rate of twelve percent per annum until the same are paid. all penalties under ..... the state, and are page 125 u. s. 552 governed in their daily course of business far more by the laws of the state than of the nation. all their contracts are governed and construed by state laws. their acquisition and transfer of property, their right to collect their debts, and their liability to be sued for debts are all based ..... franchise to be a corporation and to exercise the function page 125 u. s. 548 of telegraphing from the state of new york. it owes its existence, its capacity to contract, its right to sue and be sued, and to exercise the business of telegraphy, to the laws of the state under which it is organized. but the privilege of running .....

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Feb 20 1888 (FN)

Hoboken Vs. Pennsylvania R. Co.

Court : US Supreme Court

Decided on : Feb-20-1888

..... subjected to an easement by the state and its grantees." "(2) that the charter granted by the state of new jersey to the hoboken land and improvement company was a contract between the state and the corporators; that the fourth section expressly authorized the corporation to fill up all lands covered with water fronting and adjoining the lands they might acquire ..... in these suits nor the state of new jersey nor the public was 'another person owning down to the water' within the legal meaning and intent of said charter or contract." "(3) that the provisions of the charter of incorporation of the plaintiff, so far as they are applicable to the subject of the pending controversy, negative the plaintiff's construction .....

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Feb 06 1888 (FN)

Aetna Life Ins. Co. Vs. Middleport

Court : US Supreme Court

Decided on : Feb-06-1888

..... absolutely extinguished." in memphis & little rock railroad v. dow, 120 u. s. 287 , this court said: "the right of subrogation is not founded on contract. it is a creation of equity, is enforced solely for the purpose of accomplishing the ends of substantial justice, and is independent of any contractual relations between the ..... bonds. the fact that the bonds were void, whatever right it may have given against the railroad company, gave it no right to proceed upon another contract and another obligation of the town to the railroad company. these propositions are very clearly stated in a useful monograph on the law of subrogation by ..... that the city had received their money without any consideration, and was bound ex aequo et bono to pay it back. the court said: "the only contract actually entered into is the one the law implies from what was done, to-wit, that the city would, on demand, return the money paid to ..... 545 to the rights of the railroad company by virtue of the principles of equity and justice. he does not set up any claim of an express contract for such subrogation. he says: "the equity alleged in the plaintiff's bill is, as i have said, the equity of subrogation. before proceeding to ..... bonds and paying its money therefor was to acquire such rights of subrogation, it cannot be received as any sufficient allegation that there was a valid contract to that effect. on the contrary, the bill fairly presents the idea that by reason of the facts of the sale the complainant was in .....

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