Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1900 Page 1 of about 69 results (0.088 seconds)

Dec 10 1900 (FN)

Williams Vs. Fears

Court : US Supreme Court

Decided on : Dec-10-1900

..... was not a transaction of commerce, and it was said: "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 not ..... the authorities cited. 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 was connected with ..... in hiring laborers in georgia to be employed beyond the limits of the state. of course, transportation must eventually take place as the result of such contracts, but it does not follow that the emigrant agent was engaged page 179 u. s. 277 in transportation, or that the tax on his ..... or an instrumentality thereof, and the mere incidents which page 179 u. s. 271 may attend the carrying on of such commerce. these labor contracts were not in themselves subjects of traffic between the states, nor was the business of hiring laborers so immediately connected with interstate transportation or interstate traffic ..... limits of the state. held that the levy of the tag did not amount to such an interference with the freedom of transit, or of contract, as to violate the federal constitution. nor was the objection tenable that the equal protection of the laws was denied because the business of .....

Tag this Judgment!

May 28 1900 (FN)

Chicago, M. and St. P. Ry. Co. Vs. Clark

Court : US Supreme Court

Decided on : May-28-1900

..... railway company, and the sum of $40,000 of the amount so due, as aforesaid, under said contract to the said heman clark, has been reserved and set aside by said railway company, as indemnity or security for the payment of said claims and of such other claims of the same class as ..... that under the facts proved in this case, the plaintiff is not legally liable to the defendant for any damages for failure to complete the contract within the contract time or the time agreed upon, for the reason that the plaintiff was prevented by the negligence of the defendant and its omission to procure ..... referred to, and herein valued at page 178 u. s. 360 $2,425. besides the above, the defendant has paid the $40,000 reserved as indemnity or security for the payment of claims against clark, and in addition thereto, upon like accounts, the sum of $521.75." "15. that at the time ..... adequacy of the consideration is not, in such cases, open to inquiry. the referee found: "that no other final settlement of the accounts under section aid contracts had been had between the plaintiff and the defendant at the time the said last-mentioned paper was signed and delivered. . . . that no account was ..... made by d. j. whittemore, chief engineer of the chicago, milwaukee & st. paul railway company, of all the work done and material furnished under the contract made between said railway company and heman clark, bearing date march 8, 1886, for the construction of the railroad from ottumwa, in iowa, to the missouri river .....

Tag this Judgment!

Feb 26 1900 (FN)

The Panama

Court : US Supreme Court

Decided on : Feb-26-1900

..... be no naval war, the government may charter one or more of the company's vessels, and in that event shall pay an indemnity estimated by the aforesaid commission. the district court denied the motion of the master to take further proof, restored parts of the cargo to claimants ..... recommendation of the prize commissioners directing her arms and ammunition to be delivered to the commodore for the use of the navy department. and the contract of her owner with the spanish government, pursuant to which the armament had been put on board, expressly provided that, in case of war ..... two nations, by convention between themselves, have made special agreements concerning mail ships. but international agreements for the immunity of the mailships of the contracting parties in case of war between them have never, we believe, gone further than to provide, as in the postal convention between the united ..... percent on the valuation aforesaid. by article 66, at the end of the war, the government may relieve the company of the performance of the contract if the casualties of the war have disabled it from continuing the service. and by article 67, in extraordinary political circumstances, and though there ..... spanish government agreed to pay certain subsidies to this company and not to subsidize other steamship lines between the same points. among the provisions of the contract, besides article 26, above quoted, were the following: by article 25, new ships of the west indian line must be of iron, or .....

Tag this Judgment!

May 28 1900 (FN)

New York Life Ins. Co. Vs. Cravens

Court : US Supreme Court

Decided on : May-28-1900

..... not be confused, though made somewhat dependent upon a common reasoning. (1) a policy of mutual life insurance, it is contended, is an interstate contract, and the parties may choose its "applicatory law." instances under the law of usury, instances under private international law, are cited as examples of authority ..... imposed upon the oil company doing business within the state, we said of the statute that, "whatever its limitations were upon the power of contracting, whatever its discriminations were, they became conditions of the permit and were accepted with it." we stated the exceptions of the rule to be ..... and to be the rule and measure of the rights and obligations of the parties, notwithstanding the application for the policy declares "that the entire contract contained in the said policy and in this application, taken together, shall be construed and interpreted as a whole and in each of its ..... is not less than the power of a state over domestic corporations. the business of insurance is not commerce, and the making of a contract of insurance is a mere incident of commercial intercourse in which there is no difference whatever between insurance against fire, insurance against the perils of ..... a citizen of that state, is subject to the laws of that state regulating life insurance policies, although the policy declares "that the entire contract contained in the said policy and in this application, taken together, shall be construed and interpreted as a whole and in each of its .....

Tag this Judgment!

Apr 09 1900 (FN)

Knights of Pythias Vs. Withers

Court : US Supreme Court

Decided on : Apr-09-1900

..... the agent in his printed instructions enjoined to inform those with whom he treats of it. . . . its inevitable effect is to greatly weaken the indemnity on which the assured rely. it is inconsistent with the acts and conduct of the insurance companies in sending abroad all over the land their agents and ..... 177 u. s. 272 an innocent party in the transaction, or should it fall upon the company, who alone enabled puschman to successfully consummate the contract of insurance by placing in his hands the policy for delivery? the street broker was not the agent of the plaintiff for any purpose. if the ..... the assertion of a falsehood, and an attempt to put that falsehood into the mouth of the assured. it formed no part of the contract of insurance. that contract consists of the application and the policy issued in pursuance thereof. in point of page 177 u. s. 271 fact the assured does not ..... membership dated january 1, 1883, the surrender of the former certificate and the application for transfer to the fourth class, which were "made a part of this contract, . . . and in consideration of the payment heretofore to the said endowment rank of all monthly payments, as required, and the full compliance with all ..... "i hereby agree that i will punctually pay all dues and assessments to which i may become liable, and that i will be governed, and this contract shall be controlled, by all the laws, rules, and regulations of the order governing this rank, now in force,= or that may hereafter be enacted, .....

Tag this Judgment!

Dec 24 1900 (FN)

Joyce Vs. Auten

Court : US Supreme Court

Decided on : Dec-24-1900

..... of sufficient value to pay the unpaid purchase money. it is familiar law that a bank receiving notes for collection is entitled, in the absence of a contract, expressed or implied, to the contrary, to retain them as security for the debt of the party depositing the notes. 1 jones, liens (2d ed ..... discharged from liability thereon by reason of any expectation, reliance, or condition unless notice thereof be given to the promisee, or, in other words, that the contract stands as expressed in the writing in the absence of conditions which are known to the recipient of the promise. see, among other cases, goodman v. ..... stated them in the writing, or at least given notice of them to the payee, the other party to the contract. even if he had told his principal that he signed only upon a condition, such notice would not bind the payee unless communicated to him much ..... discharged from liability thereon by reason of any expectation, reliance or condition unless notice thereof be given to the promisee -- or, in other words, the contract stands as expressed in the writing in the absence of conditions which are known to the recipient of the promise. an assignment in insolvency does not ..... on the same plane. if the surety has any other defense, it must be because the writing does not fully express his contract. he says that it does not express the contract he intended to make, but no conditions are named. if he wanted to attach conditions to his guaranty, he should have .....

Tag this Judgment!

Dec 21 1900 (FN)

Workman Vs. New York City

Court : US Supreme Court

Decided on : Dec-21-1900

..... were selected and paid by the city; all the expenses of the department of every kind and nature were to be borne by the city, which was bound by all contracts made for such purpose; all the property of the department, including the fire boats, belonged to the city, and the page 179 u. s. 565 city was liable in case ..... vessel in her home port was immaterial, "and that the admiralty courts of the united states, enforcing the lien because it is maritime in its nature, arising upon a maritime contract, must give it the rank to which it is entitled by the principles of the maritime and admiralty law." true, it is well settled that, in certain cases where a ..... of those who had furnished necessary materials, repairs, and supplies for such vessel in her home port, but that the district courts of the united states, having jurisdiction of the contract as a maritime one, might enforce liens given for its security, even when created by the state law. in the course of the opinion, speaking through mr. justice bradley, the ..... each other or with foreign states." in liverpool steam co. v. phenix insurance co. (1889), 129 u. s. 397 , 129 u. s. 443 , a maritime contract executed in new york was held to be an american contract, and the local law of new york was declared not to govern in its construction. in butler v. boston steamship company (1889), 130 u. s .....

Tag this Judgment!

Dec 17 1900 (FN)

Huntting Elevator Vs. Bosworth

Court : US Supreme Court

Decided on : Dec-17-1900

..... it will be observed that the several provisions of the contract clearly subject the peoria company to all the risk resulting from those acts which that company was obliged to perform as a common carrier before it could effect delivery to ..... [the terminal association] to be governed in making its collections [for cars moved] by instruction shown on billing to it as to who should pay." from this analysis of the contract, it results that the obligations which it imposed were entirely in accord with the conception naturally suggested by the general considerations to which we adverted before approaching the text. for ..... the peoria company "facilities," not to cause the terminal association to become responsible for the peoria company, whilst the latter was making use of the facilities given to it. the contract also expresses the purpose thus declared in the preamble -- that is, that the facilities are to be furnished to the peoria company. the agreement is not that the terminal ..... be entered into are rightfully to be borne in mind as means of interpretation if ambiguity exists. we hence recall the facts to which we have previously referred. when the contract was executed, although the terminal association possessed extensive terminal facilities at east st. louis, the peoria company had no means whatever for handling the freight business coming in or going .....

Tag this Judgment!

Dec 17 1900 (FN)

Tyler Vs. Judges of Court of Registration

Court : US Supreme Court

Decided on : Dec-17-1900

..... been affected, against the party who committed or caused the injury, or by or against his personal representative." an action on contract (p. 2) "must be brought in the name of the party in whom the legal interest in such contract was vested," and an action of tort (p. 68) "in the name of the person whose legal right has been affected .....

Tag this Judgment!

Dec 03 1900 (FN)

Mutual Life Ins. Co. of New York Vs. Cohen

Court : US Supreme Court

Decided on : Dec-03-1900

..... the application has that effect. it recites that it is "subject to the charter of such company and the laws of said state," and the contract refers to the application, and declares that it is issued "in consideration of the application for this policy and of the truth of the several ..... within the state, was intended to be and is in fact applicable only to business transacted within that state. it is not doubted that a contract by an insurance company of new york executed elsewhere may, by its terms, incorporate the law of new york, and make its provisions controlling ..... by their legislation properly prescribe terms and conditions of insurance contracts, meant by this legislation to restrict its local companies from going into those states and countries and transacting business in compliance with their statutes if ..... expressed intent, it ought not to be presumed that new york intended by this legislation to affect the right of other states to control insurance contracts made within their limits. can it be that the state of new york, aware of the fact that other states and other countries might ..... and the policy delivered. the premium was paid and the policy delivered in the state of montana. under those circumstances, under the general rule, the contract was a montana contract, and governed by the laws of that state. equitable life assurance society v. clements, 40 u. s. 226 , equitable life assurance society v .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //