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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1888 Page 5 of about 63 results (0.057 seconds)

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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Mar 19 1888 (FN)

United States Vs. American Bell Telephone Co.

Court : US Supreme Court

Decided on : Mar-19-1888

..... and in reference to other transactions in which the government is a party, the courts of equity have jurisdiction to correct mistakes, to give relief for frauds, and to cancel contracts and other important instruments, it is said that in reference to patents for inventions and discoveries, the acts of congress have provided another remedy for frauds committed in obtaining them ..... will illustrate and enforce this general view. while it cannot successfully be denied that the general powers of a court of equity include the right to annul and set aside contracts or instruments obtained by fraud, to correct mistakes made in them, and to give all other appropriate relief against documents of that character, such as requiring their delivery up, their ..... the invention of the said dolbear." "your orator further says that said amos e. dolbear, soon after making said invention embraced in said patent no. 186,787, entered into a contract and bargain with the gold and stock telegraph company, a corporation existing under the laws of the state of new york, controlled by the western union telegraph company, to manufacture .....

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Mar 19 1888 (FN)

Tilghman Vs. Proctor

Court : US Supreme Court

Decided on : Mar-19-1888

tilghman v. proctor - 125 u.s. 136 (1888) u.s. supreme court tilghman v. proctor, 125 u.s. 136 (1888) tilghman v. proctor nos. 537, 548 argued november, 3-5, 1886 decided march 19, 1888 125 u.s. 136 appeals from the circuit court of the united states for the southern district of ohio syllabus one having an interest in all fees and other sums to be recovered under a patent, but not shown to have any interest, legal or equitable, in the patent itself, need not be made a party to a bill in equity for its infringement. upon a bill in equity by the owner against infringers of a patent, the plaintiff, although he has established license fees, is not limited to the amount of such fees, as damages, but may, instead of damages, recover the amount of gains and profits that the defendants have made by the use of his invention, over what they would have had in using other means then open to the public and adequate to enable them to obtain an equally beneficial result. upon a bill in equity for infringing a patent, if the defendants have gained an advantage by using the plaintiff's invention, that advantage is the measure of the profits to be accounted for, even if from other causes the business in which the invention was employed by the defendants did not result in profits, and if the use of a patented process produced a definite saving in the cost of manufacture, they must account to the patentee for the amount so saved. the liability of infringers of a patent to account to the .....

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Mar 19 1888 (FN)

Tompkins Vs. Little Rock and Fort Smith Ry.

Court : US Supreme Court

Decided on : Mar-19-1888

..... payment. the object is to collect a debt due, not to require a contribution from the company for the public necessities. the obligation to pay grows out of a private contract between the state and the company, not out of the political relations between a sovereign and his people. the rights of the respective parties depend on the terms of the .....

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Mar 19 1888 (FN)

Sage Vs. Memphis and Little Rock R. Co.

Court : US Supreme Court

Decided on : Mar-19-1888

..... lien. nor did they, pending the receivership, ask that the receiver should, from and after their appearance, hold for them as well as for sage. they took action as simple contract creditors whose claims were reduced to judgment. if the bondholders, when intervening simply as judgment creditors, acquired an interest in the fund, they could not, upon any recognized principles of .....

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Feb 20 1888 (FN)

Hoadley's Administrators Vs. San Francisco

Court : US Supreme Court

Decided on : Feb-20-1888

..... plaintiff took under the act were subject to the provisions of the ordinance and order so ratified. we find in the case no trace of a contract between the plaintiff and anyone which ever vested in plaintiff any rights different from those accorded to him herein. 70 cal. 325." to this we ..... compensation, in violation of the fifth amendment of the constitution of the united states." this makes it necessary to inquire whether ordinance 822 contains any contract with hoadley the obligation of which was impaired by the act of march 11, 1858, or whether it vested in him any property which would ..... the city 'in respect to the reservation of squares for public purposes,' and thereby deciding that plaintiff has no title, thus impairing the obligation of the contract of grant in ordinance 822, in violation of article i, section 10, of the constitution of the united states. it was error because, under said ..... of california syllabus when a cause is brought here by writ of error to a state court on the ground that the obligation of a contract has been impaired and property taken for public use without due compensation in violation of the provisions of the constitution of the united states, the ..... questions of the character presented by this specification of error, our first duty is to determine whether there is such a contract or such right of property as is alleged. the existence of the contract or of the right is part of the federal question itself. bridge proprietors v. hoboken company, 1 wall. 116, .....

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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 13 1888 (FN)

Thornton Vs. Schreiber

Court : US Supreme Court

Decided on : Feb-13-1888

..... sharpless & sons; that he never paid out any money, but that they were paid for as other goods were by that firm in the course of business; that they were contracted for by him and paid for by sharpless & sons when the bill was sent to them. the attempt was made to establish the fact that thornton had the possession or .....

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