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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1900 Page 7 of about 69 results (0.056 seconds)

Feb 26 1900 (FN)

Adirondack Ry. Co. Vs. New York State

Court : US Supreme Court

Decided on : Feb-26-1900

..... general rule on that subject. in any view, we think that the proceedings on the part of the state impaired the obligation of no contract between it and the railway company. counsel concedes that the sovereign power of eminent domain is inherent in government as such, requiring no constitutional recognition ..... of to take away property already acquired, or to deprive a corporation page 176 u. s. 345 of the fruits already reduced to possession of contracts lawfully made. but the capacity to acquire land by condemnation for the construction of a railroad attends the franchise to be a railroad corporation, and ..... said company acquired title to said railroad property and franchises -- namely, beyond north creek, in the county of warren. counsel argue that the contract with the state was that plaintiff in error should avail itself of the grant and complete the road within ten years from the filing of its ..... court, and thinks that the proceedings on the part of the state which are complained of in this case impaired the obligation of no contract between it and the railway company. the necessity or expediency of appropriating particular property for public use is not a matter of judicial cognizance, ..... power to amend or repeal a statute cannot be availed of to take away property already acquired or to deprive a corporation of fruits of contracts lawfully made already reduced to possession, the capacity to acquire land by condemnation for the construction of a railroad attends the franchise to be a .....

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Feb 20 1900 (FN)

Walsh Vs. Columbus, Hocking Valley and Athens R. Co.

Court : US Supreme Court

Decided on : Feb-20-1900

..... but of everyone who incidentally profited by their preservation, it is impossible to escape the conclusion that their subsequent abandonment impaired the obligation of such contract. but we think the supreme court of ohio was clearly right in its interpretation of the statute. the principal object of the act was ..... state bank of ohio v. knoop, 16 how. 369; bridge proprietors v. hoboken co., 1 wall. 116. this rule also applies to a contract alleged to be raised by a state statute, although the general principle is undoubted that the construction put by state courts upon their own statutes will ..... forever remain public highways for the use of the government of the united states," and the acceptance thereof by the general assembly, constitute a contract by the state for the perpetual maintenance of such canals as public highways, at least until they were given up by consent of the united ..... the abandonment of the canal, conflicts with that clause of the constitution which provides that "no state shall pass any law impairing the obligation of contracts," and also with several provisions of the constitution of ohio not necessary to be here enumerated. a general demurrer was filed to this petition, ..... of the same to a railroad company. held that there was reason to claim that the act of 1894 impaired the obligation of the previous contract between the state and the federal government, and that a federal question was thereby raised. held further that, in accepting the congressional land grant .....

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Feb 05 1900 (FN)

United States Vs. Tennessee and Coosa R. Co.

Court : US Supreme Court

Decided on : Feb-05-1900

..... along six miles, to say nothing of the large body of lands along the twenty miles referred to, but not in the 120 sections of place and indemnity certified before the war, and opposite uncompleted road in 1890." this, it is replied, is contradicted by the findings of the circuit court, and that the ..... due to him for work done prior to 1860. that he put forth every energy to build the road, and expended in the work under a contract with the company large sums of his private resources; that the company had no money and no other resources except said lands, and no means except ..... of the line of definite location of the road and within the primary granted limits. page 176 u. s. 246 it was further alleged that he contracted with the railroad company in 1859 to build the road; that in 1860 the company executed a mortgage upon its franchises and other property, especially upon the ..... receiver and an injunction and cancellation of the selections made by the company, the conveyances and contracts made by it, and for general relief. the exhibits a and b contain a list of lands respectively within the six and fifteen-mile limit, and ..... etc., railway company and the manhattan trust company are also made defendants on the ground that they claim an interest in a large part of the lands under contract with the tennessee & coosa railroad company, which it is averred were taken with knowledge of the rights of the united states. the prayer is for a .....

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Jan 29 1900 (FN)

Lackawanna Iron and Coal Co. Vs. Farmers' L. and T. Co.

Court : US Supreme Court

Decided on : Jan-29-1900

..... mortgage, and covering the waco division and 6,000 acres of land per mile of completed road; 6. a mortgage dated may 7, 1877, commonly known as the income and indemnity mortgage, and covering all the property of the railway company; 7. a mortgage dated april 1, 1881, commonly known as the general mortgage, and covering all the property of the ..... as was not satisfied at maturity was extended until, in process of settlements and extensions, the railway company, in the satisfaction of the balance due the lackawanna company under the contract, executed its eight promissory notes payable four months from their respective dates, with six percent interest from maturity. these notes aggregated $118,000. in the negotiations resulting in this ..... the southern development company. on the 30th day of october, 1883 -- nearly six years before the present foreclosure suit was brought -- the lackawanna company and the railway company made another contract in addition to those above mentioned, under which the former delivered to the latter, during the months of february, march, april, and may, 1884, 8,552 tons of steel rails ..... the appointment of a receiver in this cause. then there is the circumstance that the lackawanna company, during the negotiations resulting in the execution of renewal notes under the second contract for rails, demanded and received collateral security to a large amount from the railroad company -- a circumstance tending to show that it did not regard itself as entitled to an .....

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Jan 29 1900 (FN)

Southern Railway Co. Vs. Carnegie Steel Co.

Court : US Supreme Court

Decided on : Jan-29-1900

..... by and assented to -- indeed, approved -- the application for the benefit of the bondholders represented by it of funds which should have been applied in payment of current debts contracted in the interest of mortgage creditors before the appointment of receivers in the clyde suit. suppose the court had directed the receivers in the clyde suit, before turning over the ..... represented. in the suit instituted by clyde and others, the carnegie steel company, limited, filed with the master commissioner, october 14, 1892, its claims arising out of certain contracts made between that company and the danville railroad company in 1891 for steel rails delivered to the latter between july 25, 1891, and october 10, 1891. the facts relating to ..... by the danville company, together with all steamers, wharves, and other properties held in connection therewith, and all moneys, choses in action, credit, bonds, stocks, leasehold interests, or operating contracts, and other assets of every kind, and all other property, real, personal, and mixed, owned, held, or possessed by that company. it was further provided in the order of ..... equipment, page 176 u. s. 266 material, machinery, supplies, moneys, accounts, choses in action, and assets of every description and wherever situated, together with all leasehold rights and contracts, with authority to manage and operate the same as the officers of and under the direction of the court, and that all the officers, managers, superintendents, and employees of the .....

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Jan 22 1900 (FN)

Dickerman Vs. Northern Trust Co.

Court : US Supreme Court

Decided on : Jan-22-1900

..... of common stock, and with a bonded indebtedness of one million dollars. this clause, of itself, as well as the whole scheme of the contract, indicates that a large number of similar options were to be obtained, and that one or more large corporations was to be organized to conduct the ..... upon the day the proposition was received, had another meeting and instructed themselves as directors to accept. they authorized beard as president to enter into a contract with stein, which was accordingly done. stein and wife acknowledged it before a clerk in the office of the chicago firm. this board of directors ..... under the statute of illinois, or an action against a member of the combination to enforce any of the provisions of the original contract, the validity of such contract would become an important question. but, in a suit to foreclose a mortgage upon the property of the concern, it is difficult to ..... it would be necessary to provide $1,000,000 to purchase the property and furnish the running capital; that the combination thereupon caused the option contracts to be transferred to one emanuel stein, and then arranged to divide up and to fraudulently appropriate to themselves $2,113,000 of the capital ..... the summer of 1892, to purchase seventy paper mills with their plants, appliances, and goodwill by means of securing from their respective owners option contracts whereby each owner agreed to sell his property to the combination for a stated sum in cash, and the residue in the capital stock of .....

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Jan 08 1900 (FN)

United States Vs. Oregon and California R. Co.

Court : US Supreme Court

Decided on : Jan-08-1900

..... and in operation, for the construction of which such lands were granted, were forfeited to the united states. there never was any withdrawal of indemnity lands on the proposed line of the northern pacific railroad company between wallula and portland, nor was there any definite location or construction of ..... were maps of definite location of said northern pacific railroad of its line from wallula junction to portland, oregon." there never was any withdrawal of indemnity lands on the proposed line between wallula and portland, nor any definite location or construction of the road of the northern pacific railroad company opposite ..... all the lands hereinbefore described are within the limits of the grant as prescribed in said act of july 25, 1866, whether place or indemnity. and your orator shows that the entire line of railroad of the said oregon and california railroad company has been fully constructed and been duly ..... 176 u. s. 31 demand from such company a relinquishment or reconveyance to the united states of all such lands, whether within granted or indemnity limits, and if such company shall neglect or fail to so reconvey such lands to the united states within ninety days after the aforesaid demand ..... had attached at the time of the definite location of its road. that act did not violate any contract between the united states and the railroad company, for the reason that the contract itself recognized the right of congress, at any time before the line of road was definitely located, .....

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Jan 08 1900 (FN)

Canada Sugar Refining Co. Vs. Insurance Co.

Court : US Supreme Court

Decided on : Jan-08-1900

..... in some of the cases, between an actual and a technical total loss, we think it evident that the refining company would not receive the indemnity for which it bargained and paid unless it is permitted to recover in the present case. by such recovery it will not receive more than will ..... abandonment to the insurance company of north america. in mumford v. page 175 u. s. 619 hallett, 1 johns. 433, where there were separate contracts of insurance on cargo and on profits and where it was contended that the assured, by having abandoned the goods to the underwriter, had disabled himself ..... ship john e. sayre, having on board a cargo of sugar belonging to the canada sugar refining company, sailed from iloilo for montreal. by several contracts of insurance between the refining company and the atlantic mutual insurance company, the latter had insured the former against the loss of the cargo in the sum ..... the court. the district court held that by the stranding of the vessel john e. sayre, there had been caused, under the provisions of the contract of insurance between the canada sugar refining company and the insurance company of north america, a total loss of profits, and accordingly entered a decree ..... on her voyage, stranded on the coast of newfoundland, became a total loss, and the voyage came to an end. the master, representing all concerned, contracted with local fishermen to give them one-half of the sugar they could save. on july 8, 1893, the insurers of the cargo, having been notified .....

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1900

Taylor and Marshall Vs. Beckham

Court : US Supreme Court

Decided on : Jan-01-1900

..... where he will; to earn his livelihood by any lawful calling; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper, necessary, and essential to his carrying out to a successful conclusion the purposes above mentioned." judge cooley, speaking for the ..... . i agree fully with those decisions which are referred to and which hold that, as between the state and the officeholder, there is no contract right either to the term of office or the amount of salary, and that the legislature may, if not restrained by constitutional provisions, abolish ..... amendment. in short, generally speaking, the nature of the relation of a public officer to the public is inconsistent with either a property or a contract right. [ footnote 4 ] the court of appeals not only held that the office of governor or of lieutenant governor was not property under the constitution ..... the effect that public offices are mere agencies or trusts, and not property as such. nor are the salary and emoluments property, secured by contract, but compensation for services actually rendered. nor does the fact that a constitution may forbid the legislature from abolishing a public office or diminishing the ..... lamar stated the primary question in the case to be "whether an officer appointed for a definite time or during good behavior had any vested interest or contract right in his office of page 178 u. s. 577 which congress could not deprive him." and he said, speaking for the court: "the .....

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