Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1900 Page 6 of about 69 results (0.058 seconds)

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

Mar 12 1900 (FN)

Jellenik Vs. Huron Copper Mining Co.

Court : US Supreme Court

Decided on : Mar-12-1900

..... assessments as to enable them to speculate in the stock of the company to the detriment of the stockholders; that they had contracted fraudulent debts by means of false and illegal salaries, allowances, and commissions to themselves, by making fraudulent contracts for the company at extravagant prices, and by borrowing large sums of money for the company at usurious interest, in which ..... contracts and usurious loans the directors and their confederates were interested as page 177 u. s. 4 contracting parties with the company; that, while acting as directors and trustees for the stockholders, they had betrayed their trust and mismanaged the affairs of .....

Tag this Judgment!

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 .....

Tag this Judgment!

Mar 05 1900 (FN)

The Benito Estenger

Court : US Supreme Court

Decided on : Mar-05-1900

..... bona fide and absolutely transferred; that there must be a sale divesting the enemy of all further interest in it, and that anything tending to continue his interest vitiates a contract of this description altogether." in the jemmy, 4 c.rob. 31, the same eminent jurist observed: "this case has been admitted to farther proof owing entirely to the suppression of ..... under the management of a hostile proprietor, the sale will be deemed merely colorable and collusive. . . . anything tending to continue the interest of the enemy in the ship vitiates a contract of this description altogether." the sechs geschwistern, 4 c.rob. 100, is cited, in which sir william scott said: "this is the case of a ship, asserted to have been .....

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!

Feb 26 1900 (FN)

Warburton Vs. White

Court : US Supreme Court

Decided on : Feb-26-1900

..... applying the principle just stated to the case before us, we feel no hesitation in construing the contract of purchase which is here in question in accordance with the nature and extent of community property, as settled by the decisions of the supreme court of washington ..... although the decisions of the state court, from which the rule of property arises, may have been for the first time announced subsequent to the period when a particular contract was entered into. burgess v. seligman, 107 u. s. 20 , 107 u. s. 34 ; miller v. ammon, 145 u. s. 423 . ..... the territory or of the state of washington which are here involved, and upon the faith of which, it is asserted, the obligations arising from the contract took being. while, abstractly considered, the proposition is conceded, it page 176 u. s. 496 is not apposite to the controversy here presented. the rule ..... controversy, which was a vested right under the contract or deed and the laws in force in the territory at the time the property was acquired. plaintiff further excepts to said conclusion on the ground ..... would be contrary to article i, section 10, of the constitution of the united states, in that it would impair the obligation of the deed or contract by which mr. bacon acquired said property, and would deprive said bacon, his successors and assigns, of the right of survivorship in the property in .....

Tag this Judgment!

Feb 26 1900 (FN)

Baltimore and Ohio S.W. Ry. Co. Vs. Voigt

Court : US Supreme Court

Decided on : Feb-26-1900

..... could not have been compelled to grant." by the supreme court of indiana, in pittsburgh, cincinnati &c.; railway v. mahoney, 148 ind.196, it was held that railway companies may contract as private carriers in transporting express matter for express companies, and in such capacity may require exemption from liability for negligence as a condition to the obligation to carry, and ..... just, otherwise they will be regarded as extorted from the customers by duress of circumstances, and therefore not binding. 2. that all attempts of carriers, by general notices or special contract, to escape from liability for losses to shippers, or injuries to passengers, resulting from want of care or faithfulness cannot be regarded as reasonable and just, but as contrary to ..... put off the essential duties of his employment. and to assert that he may do so seems almost a contradiction in terms." the second fundamental proposition relied on to nullify contracts to relieve common carriers from liability for losses or injuries caused by their negligence is based on the position of advantage which is possessed by companies exercising the business of ..... and circumstances heretofore stated, by page 176 u. s. 505 invoking that principle of public policy which has been held to forbid a common carrier of passengers for hire to contract against responsibility for negligence. the circuit judge thought the case could not be distinguished from the case of railroad co. v. lockwood, 17 wall. 357, where a recovery was .....

Tag this Judgment!

Feb 26 1900 (FN)

Matteson Vs. Dent

Court : US Supreme Court

Decided on : Feb-26-1900

..... the association shall be impaired." " * * * *" "sec. 5151. the shareholders of every national banking association shall be held individually responsible, equally and ratably, and not one for another, for all contracts, debts, and engagements of such association, to the extent of the amount of their stock therein at the par value thereof, in addition to the amount invested in such shares ..... taken place at the time of the allotment. the contention is next made that, conceding there was a debt of the estate and granting that the statute embraced a preexisting contract obligation which had not ripened into an actual demand because insolvency had not taken place, nevertheless the court below erred because, by the effect of the allotment, the estate ..... brought, after return of execution unsatisfied, to recover the same debt from the personal representatives of the estate of one kirkpatrick, on the ground that, when such indebtedness was contracted, the estate of kirkpatrick was a stockholder, and as such personally liable under the charter of the company. kirkpatrick had died intestate in 1832, and the stock stood on ..... statute to indicate that the obligation arising upon these undertakings and promises should not have the same force and effect, and be as binding in all respects, as any other contracts of the individual stockholder. we hold, therefore, that the obligation of the stockholder survives as against his personal representatives. flash v. conn, 109 u. s. 371 ; hobart v. johnson .....

Tag this Judgment!


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