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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1900 Page 3 of about 69 results (0.058 seconds)

Apr 30 1900 (FN)

Daggs Vs. Phoenix National Bank

Court : US Supreme Court

Decided on : Apr-30-1900

..... further agreed that from this date, november 1, 1894, a. j. daggs shall pay the costs that shall hereafter accrue in the said case." this contract, standing alone, establishes nothing definite, and appreciating this, the appellants attempt to explain it by a resort to what they allege to be the testimony ..... loan or forbearance of money at seven percent meeting the arguments of counsel upon a supposed difference between loans and discounts, and usurious and nonusurious contracts under the laws of the state in the transactions of natural persons, the learned justice who delivered the opinion of the court made some ..... follows:" "the court erred in not giving judgment for plaintiffs in error on their pleas in bar of the recovery of any interest for the reason that the contract with the national bank for ten percent interest is ultra vires. " " * * * *" "the second assignment of error as made by plaintiffs in error, ..... court below, and $500 as costs, and expended work and labor of the reasonable value of $500, and has performed all the conditions of said contract, but that plaintiff (appellant) has failed to perform the conditions on its part to the damage of defendant in the sum $10,122.55. for ..... at the time of the execution of the three promissory notes sued on, the plaintiff (appellee) and the defendant, a. j. daggs, entered into a contract in writing (a copy of which is attached to the answer, marked exhibit "b") wherein the plaintiff, as part of the consideration for the said three .....

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Apr 16 1900 (FN)

American Express Co. Vs. Michigan

Court : US Supreme Court

Decided on : Apr-16-1900

..... public policy as to particular corporations, but to enable such corporations to possess the power to shift the tax by increasing its charges, even although contracts or restrictions previously imposed might otherwise prevent. the right to shift by an increase of rates within what is reasonable can only be held to ..... on gross receipts substituted therefor, the express companies were authorized to add the result of the gross receipt tax to their charges, any law or contract to the contrary. but the implication deduced from the authority conferred by the statute of 1862 to shift the burden of the tax on gross receipts ..... about that result. it cannot be doubted that to adopt by implication the view pressed upon us would be to virtually destroy all freedom of contract, and in its final analyses would deny the existence of all rights of property. and this becomes more especially demonstrable when the nature of a ..... quoted which, by the widest conjecture, can be construed as expressly forbidding the person upon which the taxes are cast from shifting the same by contract or by any other lawful means. an inference to the contrary arises from the fact that the duty is imposed in the alternative on "any ..... below, involved a right, privilege, or immunity under the act of congress, which was specially set up and claimed by the express company, to contract with the shippers for the payment of the tax provided by the act of congress, or to increase its rate, within the limit of reasonableness, to .....

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Apr 16 1900 (FN)

Doherty Vs. Northern Pacific Ry. Co.

Court : US Supreme Court

Decided on : Apr-16-1900

..... location, the land commissioner, by direction of the secretary of the interior, adjusted the land grant in accordance with it, and prepared diagrams showing the limits of the grant and indemnity belts, and transmitted such diagrams to the district land officers with the proper directions as to the withdrawal of lands, which were complied with." "august 2, 1884, the directors of ..... land decisions 412, the second, rendered august 27, 1896, and reported in volume 23 land decisions 204. those decisions were made by the secretary in disposing of a list of indemnity selections filed by the northern pacific railway company, based on losses of lands within the place limits lying east of the city of superior. the opinion of the secretary was ..... 1, 1872, when it purchased one-half of the track and right of way of the lake superior and mississippi railroad company from thompson junction to duluth, and made a contract for operation of the line in common. in reply to this claim, the company denies that, by purchasing an interest in the line from thompson junction to duluth, it was ..... alternate sections per mile on each side of the line within the states, and twenty alternate sections in the territories, with a ten-mile indemnity limit, and by resolution of congress, may 31, 1870, an additional indemnity belt ten miles in width was created on each side of the line. this act was accepted by the company within the time required by .....

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Apr 16 1900 (FN)

United States Vs. Northern Pacific R. Co.

Court : US Supreme Court

Decided on : Apr-16-1900

..... u. s. 442 of the time named in the statute, or to consider whether the ordinary doctrines of courts of equity, which relieve a contracting party from forfeiture by reason of a failure to complete the contract within the time fixed, when the work is subsequently completed and accepted, would apply to a case like the present. undoubtedly there would seem to .....

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Apr 09 1900 (FN)

Minneapolis and St. Louis Ry. Co. Vs. Gardner

Court : US Supreme Court

Decided on : Apr-09-1900

..... extended, either directly or by means of intervening lines. such acquisition shall be made upon such terms as shall be agreed upon by a contract in writing between the respective corporations. but the same shall not be consummated until first approved by two-thirds in amount of the stockholders of ..... new corporation created by the consolidation. if it is identical, it is argued, with the original company, its stockholders are exempt because its charter contract is older than the constitution of the state. if it is a new company, its stockholders are nevertheless exempt because it is the settled law ..... . page 177 u. s. 341 the territorial act of 1853 by which the minnesota western railroad was incorporated is claimed primarily to be the contract which is impaired. it gave immunity to the stockholders of that company from liability for the corporate debts, or rather did not impose such liability ..... was not in violation of section 10, article i, of the constitution of the united states, and did not impair the obligations of the contract between the state and plaintiffs in error, embodied in the act of 1881. also that the consolidation of the several railroad corporations pursuant to the ..... 10, article 1, of the constitution of the united states in that the provisions of section 3, article 10, impaired the obligation of the charter contract contained in chapter 66, laws of 1853, territory of minnesota. also in holding that the constitutional provision of the state, if applied to defendant in .....

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Mar 26 1900 (FN)

Houston and Texas Central R. Co. Vs. Texas

Court : US Supreme Court

Decided on : Mar-26-1900

..... been fully executed by the company and the state, neither party having chosen to refuse to perform its terms, neither party, as between themselves, can thereafter act as if the contract had not been performed. this proceeding was commenced by the state of texas against the defendant, the houston & texas central railroad company (hereafter called the company), to recover the ..... , after striking out the payments made by the company with the treasury warrants. these amounts were paid under protest as being illegally demanded and resulting in a violation of the contract existing between the companies and the state. payments on the same basis were continued semiannually from that time, accompanied by a protest similar to the one first mentioned, until, ..... that time, the company has refused to make further payments. it claimed that the act of august 13, 1870, as construed by the state authorities, impaired the obligation of the contract existing between the state and itself, and thereupon it prayed for judgment. to this pleading the plaintiff filed its first supplemental petition, and therein specially set up that the three ..... of a scheme to overturn the authority of the united states within the territory dominated by the confederate states, was not to be regarded for that reason only as invalid. contracts thus made, not designed to aid an insurrectionary government, it was held, could not, therefore, without manifest injustice to the parties, be treated as invalid. thorington v. smith, 8 .....

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Mar 19 1900 (FN)

Waters-pierce Oil Co. Vs. Texas

Court : US Supreme Court

Decided on : Mar-19-1900

..... think proper to impose. they may exclude the foreign corporation entirely, they may restrict its business to particular localities, or they may exact such security for the performance of its contracts with their citizens as in their judgment will best promote the public interest. the whole matter rests in their discretion." and it was also decided that a corporation did not ..... error express in various ways the alleged discriminations of the statutes between persons and classes of persons and the alleged deprivation of many persons of the right and liberty of contract, while permitting such right and liberty to others; the denial to foreign corporations of the right to do any business in the state, interstate or otherwise; the assumption by the ..... corporation dealing in oils in competition with the defendant. the names of some of the persons and merchants are given. that about the year 1890, the defendant company entered into contracts with certain jobbers and merchants of the city of brownsville, whereby they respectively agreed to buy all the oil needed in their respective businesses of the defendant company for various ..... others through its agents in this state, in consideration of a small rebate on the oil purchased, or for other considerations unknown to the plaintiff, whereby the said merchants have contracted not to buy any oil from any other person, or corporation, but will "deal with and buy and sell oils obtained from said defendant company exclusively," and in some instances .....

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Mar 12 1900 (FN)

illinois Central R. Co. Vs. Chicago

Court : US Supreme Court

Decided on : Mar-12-1900

..... with. 1. the ultimate jurisdiction of this court is invoked by the allegation of the bill that the above provision of the railway's charter was and is an irrevocable contract between the state of illinois and the complainant, conferring upon it "a vested and continuing right to use the shallow waters and submerged lands of lake michigan for such purposes ..... its right to use the submerged land of lake michigan for the purpose of constructing and using engine houses, shops, and other buildings thereon, etc., impairs the obligation of the contract created by said charter," etc. the answer of the city avers that under an act of the general assembly of the state approved april 10, 1872, it was empowered "to ..... . as was said in the case just decided of walsh v. columbus, hocking valley & athens railroad co., ante, 176 u. s. 469 , and the prior cases therein cited, whenever a contract created by a state statute is alleged to have been impaired by subsequent legislation, it is for this court to determine the proper construction of such statute, as well as .....

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Mar 08 1900 (FN)

Aldrich Vs. Chemical National Bank

Court : US Supreme Court

Decided on : Mar-08-1900

..... which it was said: "the right to a recovery of the property transferred under an illegal contract is founded upon the implied promise to return or make compensation for it." in dittey v. dominion national bank of bristol, 75 f. 769, 771, which was ..... to make compensation for, property or money which it has no right to retain. to maintain such an action is not to affirm, but to disaffirm, the unlawful contract." this principle was recognized and enforced in pullman's car company v. central transportation company, 171 u. s. 138 , 171 u. s. 151 , in ..... but because the corporation, by the law of its creating, is incapable of making it, the courts, while refusing to maintain any action upon the unlawful contract, have always striven to do justice between the parties, so far as could be done consistently with adherence to law, by permitting property or money, parted ..... plaintiff for the difference between the price it paid for them and their value at the time it refused, upon plaintiff's demand, to comply with the contract made by it for their purchase and held onto the bonds." in central transportation company v. pullman's car company, 139 u. s. 24 , 139 ..... might be cited, the rules of law applicable to individuals were applied to the united states. here, the basis of the liability insisted upon is an implied contract by which they might well become bound in virtue of their corporate character. their sovereignty is in no wise involved. . . . surely it ought to .....

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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 .....

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