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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1900 Page 2 of about 69 results (0.054 seconds)

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 .....

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May 28 1900 (FN)

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

Court : US Supreme Court

Decided on : May-28-1900

..... the insured and the company abandon the contract, but also the beneficiaries neglected and refused to do that which was essential to keep the policy in life. the allegation in the answer does not disclose a mere omission ..... the company, we should be compelled to enter into an examination of that question; but it is alleged, not only that the insured and the company agreed to abandon the contract, but also that the beneficiary, his wife, and the plaintiffs, their children, 'failed, neglected, and refused' to pay the premium. so we have a case in which, not only did ..... , and ever since, relying upon the said representations and conduct on the part of the said george dana hill, was thereby induced to, and did, declare the said policy and contract of insurance forfeited and abandoned, and, in good faith, relying upon said conduct and representations on the part of said george dana hill, this defendant was induced to, and did ..... , and diring the lifetime of the said george dana hill mentioned in the complaint, it was mutually agreed between the defendant and the said george dana hill, that the said contract of insurance should be waived, abandoned, and rescinded, and the said george dana hill and the defendant then, by mutual consent, waived. abandoned, and rescinded the same accordingly, and all .....

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May 28 1900 (FN)

Banholzer Vs. New York Life Ins. Co.

Court : US Supreme Court

Decided on : May-28-1900

..... shall declare forfeited or lapsed any policy hereafter issued or renewed, and not issued upon the payment of monthly or weekly premiums, or unless the same is a term insurance contract for one year or less, nor shall any such policy be forfeited or lapsed by reason of nonpayment when due of any premium, interest, or installment or any portion thereof ..... for me to enter into any discussion of the reasons for my opinion. the parties mutually agreed page 178 u. s. 407 that this should be deemed a new york contract and construed according to the laws of that state. the decisions of the highest court of that state as to the construction of such a ..... contract and of the statutes of new york must therefore be accepted as conclusive upon the parties. in conway v. phoenix insurance co., 140 n.y. 79, upon a state of .....

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May 28 1900 (FN)

In Re Conway

Court : US Supreme Court

Decided on : May-28-1900

in re conway - 178 u.s. 421 (1900) u.s. supreme court in re conway, 178 u.s. 421 (1900) in re conway no. 9, original submitted april 9, 1900 decided may 28, 1900 178 u.s. 421 original syllabus a national bank was closed by order of the comptroller of the currency and a receiver appointed. an assessment was made upon the holders of stock. overton and hoffer were among those who were assessed, and payment not having been made, suit was brought against them. service page 178 u. s. 422 was made upon h., but not upon o., who was very ill, and who died without service having been made upon him. he left a will, under which j. p. o. was duly appointed his executor. the executor was summoned into the suit by a writ of scire facias. a motion was made to set aside the scire facias and the attempted service thereof, which motion was granted. the executor being substituted in the place of the deceased as defendant, the court decided that it had acquired no jurisdiction over the deceased, and could acquire none over his executor. thereupon the receiver applied to this court for a writ of mandamus to the judges of the circuit court of the united states for the ninth circuit commanding them to take jurisdiction and proceed against j. p. o. as executor of the last will and testament of o., deceased, in the action brought by the receiver to recover the assessments. held: (1) that mandamus was the proper remedy, and the rule was made absolute. (2) that the action of the circuit court in .....

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May 21 1900 (FN)

Moffett, Hodgkins and Clarke Co. Vs. Rochester

Court : US Supreme Court

Decided on : May-21-1900

..... , and, among other things, to construct a masonry conduit for a distance of 12,000 feet from hemlock lake northward, and proposed to enter into a contract therefor. the contract was known as contract no. 1. also to construct a riveted steel pipe conduit thirty-eight inches or forty inches in diameter commencing at the north end of the masonry conduit ..... equity, complainant submitted itself to abide by what that court should decree, and the alternative of a reformation of the proposals was certainly not their execution unreformed. by letting the contract to whitmore, rauber & vicinus, the city in effect evaded the restraining order, forestalled the action of the circuit court, and prevented the reformation of the proposals, and by ..... believe that the alleged mistakes were an afterthought, conceived when the complainant had become convinced by studying the proposals of its competitors that it could not profitably carry out the contract on the terms proposed." we are unable to concur in either of these conclusions. the mistake in tunnel excavations arose from inadvertently making the cost of one item -- mere ..... and terminating at mount hope reservoir, in the city -- length, about 140,000 feet. the contract was known as contract no. 2. voluminous specifications were prepared by the city in printed form, aggregating about 300 printed pages, page 178 u. s. 375 elaborately specifying, with infinite detail, .....

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May 21 1900 (FN)

Western Union Tel. Co. Vs. Ann Arbor R. Co.

Court : US Supreme Court

Decided on : May-21-1900

..... in legal effect a bill for the specific performance of the contract set up in the pleadings, and the prayer was for injunction against interference with complainant's alleged rights, and that defendant allow complainant to reconnect its said wires, and use ..... case within that category. these paragraphs were to the effect that complainant had accepted the provisions of the act of congress of july 24, 1866, and that, independent of the contract, it had "a right to maintain its telegraph line on what was formerly said frankfort & southeastern railroad, under the provisions of the statute of the united states." the bill was ..... the united states and the amendments thereto." the cause having been removed, defendant filed an answer and cross-bill, setting up the existence of a mortgage prior to the alleged contract and its foreclosure and other matters. certain facts were stipulated, and the cause submitted. the circuit court decreed a dismissal of the bill. from this decree an appeal was taken ..... railroad. and further, that the ann arbor railroad company purchased the road with full knowledge of complainant's rights, but that it insisted that it was not bound by the contract made with the frankfort & southeastern railroad company, and had given complainant written notice to that effect. the sixth and seventh paragraphs of the bill were as follows: "6th. your orator .....

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May 21 1900 (FN)

Mcdonnell Vs. Jordan

Court : US Supreme Court

Decided on : May-21-1900

..... , it was said: "the act of march 3, 1887, c. 373, corrected by the act of august 13, 1888, c. 866, was intended, as this court has often recognized, to contract the jurisdiction of the circuit courts of the united states, whether original over suits brought therein, or by removal from the state courts. it not only amends the act of .....

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May 14 1900 (FN)

Roehm Vs. Horst

Court : US Supreme Court

Decided on : May-14-1900

..... have been recovered in advance for the breach of the agreement to deliver during the two remaining years. but, treating the four outstanding contracts as separate contracts, why is it not equally reasonable that an unqualified and positive refusal to perform them constitutes such a breach that damages could be ..... whether the defendant would then receive it. the defendant might have chosen to take it, and would have been guilty of no breach of contract. his contract was not broken by his previous declaration that he would not accept." "and though some of the judges in the subsequent case of ..... .), lord campbell, after pointing out that at common law there were numerous cases in which an anticipatory act, such as an act rendering the contract impossible of performance, or disabling the party from performing it, would constitute a breach giving an immediate right of action, laid it down that ..... , and declined to avail himself of plaintiff's services. thereupon, and on may 22d, plaintiff brought an action at law for breach of contract in that defendant, before the said first of june, though plaintiff was always ready and willing to perform, refused to engage plaintiff or perform ..... roehm" "on october 9, 1896, horst brothers advised roehm of the shipment of twenty bales of hops for the october delivery, as called for by the contract, which roehm, by telegraph, refused to receive, and as supplementary thereto sent the following letter, dated october 24, 1896:" " gentlemen: yours of october 9 .....

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May 14 1900 (FN)

Smith Vs. Reeves

Court : US Supreme Court

Decided on : May-14-1900

..... u. s. 52 ; in re ayers, 123 u. s. 443 . those were cases arising under the constitution of the united states upon laws complained of as impairing the obligation of contracts, one of which was the constitutional amendment of louisiana complained of in the present case. relief was sought against state officers who professed to act in obedience to those laws ..... they had thought proper to do so, or prescribe new conditions upon which the suits might still be allowed to proceed. in exercising this latter power the state violated no contract with the parties; it merely regulated the proceedings in its own courts, and limited the jurisdiction it had before conferred in suits when the state consented to be a party ..... be modified afterwards if, upon experience, it was found that further provisions were necessary to protect the public interest, and no such contract can be implied from the law, nor can this court inquire whether the law operated hardly or unjustly upon the parties whose suits were then pending. that was a question ..... . the objection is that it was passed after the suit was instituted, and contained regulations with which the plaintiff could not conveniently comply. but the prior law was not a contract. it was an ordinary act of legislation, prescribing the conditions upon which the state consented to waive the privilege of sovereignty. it contained no stipulation that these regulations should not .....

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May 14 1900 (FN)

Knowlton Vs. Moore

Court : US Supreme Court

Decided on : May-14-1900

..... engaged in such commerce is not the subject of taxation by the several states, because congress may regulate interstate commerce? conveyances, mortgages, leases, pledges, and, indeed, all property and the contracts page 178 u. s. 60 which arise from its ownership, are subject more or less to state regulation, exclusive in its nature. if the proposition here contended for be sound ..... to, or divided amongst, the wife, children, or grandchildren of the person deceased intestate, or making such will or testamentary instrument, or any recognizance, bill, bond, or other obligation or contract, which shall be made to or with the united states, or any state, or for their use, respectively." [ footnote 3 ] act of june 13, 1898, c. 448. "sec. 29. that .....

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