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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1904 Page 1 of about 59 results (0.055 seconds)

Mar 14 1904 (FN)

Northern Securities Co. Vs. United States

Court : US Supreme Court

Decided on : Mar-14-1904

..... s. 183 ): "issuing a policy of insurance is not a transaction of commerce. the policies are simply 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 subjects of trade and ..... , regarding the future disposition of the manufactured articles; nothing looking to a transaction in the nature of interstate commerce." " * * * *" "we think the case now before us involves contracts of the nature last before mentioned, not incidentally or collaterally, page 193 u. s. 390 but as a direct and immediate result of the combination engaged in by defendants. . . ..... of its own stock, the american sugar refining company acquired nearly complete control of the manufacture of refined sugar within the united states. the bill charged that the contracts under which these purchases were made constituted combinations in restraint of trade, and that, in entering into them, the defendants combined and conspired to restrain the trade and ..... that the broad and sweeping language of the opinion of the court might tend to unsettle legitimate business enterprises, stifle or retard wholesome business activities, encourage improper disregard of reasonable contracts and invite unnecessary litigation. mr. justice white, with whom concurred mr. chief justice fuller, mr. justice peckham, and mr. justice holmes, dissenting. the northern securities .....

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Feb 23 1904 (FN)

Banker's Mut. Cas. Co. Vs. Minneapolis, St. P. andc.; Ry.

Court : US Supreme Court

Decided on : Feb-23-1904

..... state bank of harvey, and upon said mailing of said letter of advice, the contract of insurance and indemnity of said registered package of currency immediately attached thereto and became a valid and complete contract of insurance and indemnity by the said bankers' mutual casualty company in favor of said german state bank." ..... at minneapolis, said package and its contents was the property of said german state bank." "that said registered package was covered by insurance and indemnity against loss while in transit through the united states mails from minneapolis to said harvey under a policy of insurance issued by said bankers' mutual ..... whether the duty counted on was imposed by law or arose from contract, the question remained whether defendant was a public agent of the united page 192 u. s. 383 states and the consequences of that relation ..... any law of the united the constitution or of any law of the united states. the complaint did indeed deny that there was any contract between defendant and the government, but that was merely a conclusion of law, inconsistent with the statutes and with the facts alleged. and ..... attach to this petition said notice or a true copy thereof." "that, during all of the period hereinbefore referred to, there was no contract of any kind between defendant and the united states government, concerning or providing for the carriage by defendant of said mails or any part thereof .....

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May 16 1904 (FN)

J. Ribas Y Hijo Vs. United States

Court : US Supreme Court

Decided on : May-16-1904

..... and spain mutually relinquish all claims for indemnity, national and individual, of every kind, of either government, or of its citizens or subjects, against the other government, that may have arisen since the beginning of the late insurrection ..... declaration of war." 1 kent, 159, 161. if the original seizure made a case sounding in tort, as it undoubtedly did, the transaction was not converted into one of implied contract because of the retention and use of the vessel pending negotiations for a treaty of peace. besides, the treaty of peace between the two countries provided that "the united states ..... determine "all claims founded upon the constitution of the united states or any law of congress, except for pensions, or upon any regulation of an executive department, or upon any contract, expressed or implied, with the government of the united states, or for damages, liquidated or unliquidated, in cases not sounding in tort, in respect of which claims the party would ..... for such seizure and detention is not founded on the constitution of the united states or on any act of congress or regulation of an executive department, or on any contract, express or implied, and an action based thereon is not sanctioned by the tucker act, and cannot be maintained thereunder. this action was brought against the united states by j .....

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Dec 12 1904 (FN)

Humbird Vs. Avery

Court : US Supreme Court

Decided on : Dec-12-1904

..... the plaintiffs as grantees of the northern pacific railway company (the alleged successor in interest of the northern pacific railroad company) are lands admittedly within indemnity, as distinguished from granted or place, limits. the mere filing of lists of selections, after the acceptance of the map of definite location of ..... be delivered to the railroad grantee or its successor in interest. the court should not, by any decree, as between parties who have no contract relations with each other, attempt indirectly to control the authority and discretion of that officer to determine what lands shall be what lands shall not ..... company was concerned, subject to such settlement as the land department might legally make under that act. it could not, by any sale or contract made after the acceptance of the act, interfere with the full execution of its provisions. and the plaintiffs, who claim to have purchased from the ..... far as the act of 1898 was concerned, could, notwithstanding the acceptance of its provisions, and on the day after such acceptance, have sold or contracted to sell its right, title, and interest in and to all the lands embraced by those provisions. this would have left no lands whatever to which ..... the interior as conclusive with respect to the particular lands to be relinquished by it, but it shall not be bound to relinquish lands sold or contracted by it, or lands which it uses or needs for railroad purposes, or lands valuable for stone, iron, or coal:" "4. and provided .....

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Dec 12 1904 (FN)

United States Vs. Chicago, M. and St.P. Ry. Co.

Court : US Supreme Court

Decided on : Dec-12-1904

..... transferred was a lot eighty acres in extent, in faribault county, minnesota, being the property in dispute in this suit. the land was within the indemnity limits of the grant by congress to the state, as determined by the map of definite location of the railroad, which became effective february 25, 1867 ..... the certification of the land by the secretary of the interior to the state, and the conveyance by the state to the railway company, and the contract and conveyances following thereon, conveyed no interest in or title to the premises in question, but that they rightfully belonged to donovan, and therefore the ..... , or page 195 u. s. 529 right to the possession of the same, and that thompson had the right to the possession thereof under the contract already mentioned. this judgment against him in the state court was never appealed from by donovan, nor has it ever been vacated, modified, or reversed. ..... the general land office, where, it is stated, the matter is still pending and undetermined. in 1885, the defendant thompson, an assignee of the contract made by the railway company with boyeson, went into possession of the eighty acres in section 35, and ordered donovan off the same, and donovan left ..... s. thompson, and, in turn, on the third day of february, 1888, the latter assigned it to ericksrud, who paid the balance due upon the contract, and received the warranty deed for the land from the railway company on the twentieth day of march, 1888. ericksrud died intestate on march 27, 1888 .....

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Dec 19 1904 (FN)

Hunt Vs. Springfield Fire and Marine Ins. Co.

Court : US Supreme Court

Decided on : Dec-19-1904

..... as explanatory of the other condition against the existence of a chattel mortgage. the company evidently intended by this provision to protect itself against conditional transfers of every kind. the contract of the company is a personal one with the insured, and it is not bound to accept any other person to whom the latter may transfer the property. the conditions ..... of attempted forfeiture, if the policy be fairly susceptible of two constructions, the one will be adopted which is more favorable to the insured was inapplicable to this case. the contract of an insurance company is a personal one with the assured, and it is not bound to accept any other person to whom the latter may transfer the property. this .....

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Dec 12 1904 (FN)

Western Union Tel. Co. Vs. Pennsylvania R. Co.

Court : US Supreme Court

Decided on : Dec-12-1904

..... of a railroad company. the court pertinently observed in that case that it was not claimed that "the telegraph company had any right under the statute, and independently of the contract, to maintain and operate this telegraph line over the railroad company's property." it was, however, claimed that, as the telegraph company was in the discharge of public duties, ..... the railroad company contends, to appropriate private property, but is an exercise by congress of the national power over interstate commerce to secure telegraph companies from "hostile state legislation or contracts violative of an announced public policy." in other words, the contention of the railroad company is that, after the act of 1866 was passed, it "became impossible for the ..... the following provision: "any easement or right of way heretofore acquired by the telegraph company upon any of the roads embraced in this agreement, either directly by contract or by assignment of contracts or agreements made by other companies with the railroad company, or with any of the companies whose roads or property are embraced in the schedule hereto attached, is ..... of telegraph along the railways in new jersey were originally constructed by the american telegraph company, a corporation of the state of new jersey, with the consent of, or under contracts and arrangement with, the railway company then owning the said lines of railway, and were constructed more than forty years ago, and since the twentieth of september, 1881, the .....

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Dec 12 1904 (FN)

Bullis Vs. O'Beirne

Court : US Supreme Court

Decided on : Dec-12-1904

..... enter into an agreement for consolidating the said railroads into one system by agreement with the international interior construction & improvement company. on september 10, 1899, the construction company made a contract with the allegheny & kinzua railroad company, owned by bullis and barse, and one with bullis and barse, providing for the construction and consolidation of the railroads and for the distribution ..... pointed out as being the intended lands. under these allegations and proofs, the new york courts have seen fit to render a money judgment, not for specific performance, as upon contract, but for the frauds charged against the defendants. as was said of the action and the relief granted, in the opinion of the appellate division, 68 app.div. 508, affirmed ..... new york court of appeals, 158 n.y. 466, 468, when the demand for a jury trial was made, the defendants had not set up their inability to perform the contract, but had taken issue upon the allegations of fraud and misrepresentation. in this attitude of the case, it was held that a jury trial was properly denied. but it is .....

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Dec 06 1904 (FN)

Northern Pacific Ry. Co. Vs. American Trading Co.

Court : US Supreme Court

Decided on : Dec-06-1904

..... , believing of course, that such contingency was most remote, and that, if the steamship company would receive the lead for transportation, the chief obstacle to the fulfillment of the contract would be thereby removed. after the lead had been unshipped, and within half an hour after the sailing of the vessel, the telegram which the deputy collector had sent to ..... agent of the receivers of a railroad company makes any difference will be discussed later. appellant urges, however, that, as fitch was also agent for the steamship company, his contract, if there was one, to forward by the steamship sailing october 30 was in behalf of the steamship company. fitch had never received any direct or independent appointment or authority ..... wdb" dodwell, carlill & co., mentioned in the last telegram, represented the steamship company. 10. thereupon the refusal to accept the shipment was withdrawn, and the shipment was made under the contract, and the lead, consisting of 200 tons, was, in accordance with the shipping instructions given in fitch's letter of september 22, 1894, shipped at newark, new jersey, in september ..... the trading company, and, except as hereinbefore and hereinafter stated, they never received any information in regard to its terms, as made or proposed. upon the conclusion of its japanese contract, the trading company purchased two hundred tons of pig lead in bond, from the balbeck smelting & refining company. 7. on september 19, 1894, fitch, in confirmation of his previous .....

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Nov 28 1904 (FN)

Helena Water Works Co. Vs. Helena

Court : US Supreme Court

Decided on : Nov-28-1904

..... by the supreme court of montana in helena consolidated water company v. steele, 20 mont. 1. the privilege of building other works was, in the absence of some binding contract forbidding the exercise of the power, clearly within the city's constitutional and statutory rights. we cannot find that the city has precluded itself from exercising this right by anything ..... commercial business of furnishing water to its inhabitants. we maintain that, by the contract contained in this ordinance, the helena consolidated water company [predecessor of appellant] for itself, its successors, and assigns, expressly agreed to furnish water to all of the inhabitants of the ..... waterworks company, and that, in the absence of the grant of an exclusive privilege, none will be implied against the public, but must arise, if at all, from some specific contract, binding upon the municipality. as stated by appellant's counsel: "the position taken by appellants is, that, by ordinance 248, the city has precluded itself from engaging in the ..... it purchase the plant of the complainant company, and from incurring any indebtedness or expenditure of money for such purpose. the rights in controversy are alleged to result from a contract made by the passage, and acceptance by the company, of a certain ordinance, number 248, passed and approved in january, 1890. it is also alleged that the helena consolidated .....

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