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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1904 Page 2 of about 59 results (0.126 seconds)

Nov 07 1904 (FN)

Aikens Vs. Wisconsin

Court : US Supreme Court

Decided on : Nov-07-1904

..... -326. but if all these general considerations be admitted, it is urged nevertheless that the means intended to be used by this particular combination were simply the abstinence from making contracts; that a man's right so to abstain cannot be infringed on the ground of motives, and further, that it carries with it the right to communicate that intent to ..... , it must be unconstitutional. the fallacy of this argument lies in the assumption that the statute stands no better than if directed against the pure nonfeasance of singly omitting to contract. the statute is directed against a series of acts, and acts of several -- the acts of combining, with intent to do other acts. "the very plot is an act in ..... itself." mulcahy v. queen, l.r. 3 h.l. 306, 317. but an act which, in itself, is merely a voluntary muscular contraction derives all its character from the consequences which will follow it under the circumstances in which it was done. when the acts consist of making a combination calculated to cause ..... the contrary, that not only such text, but the construction of the statute adopted by the supreme court of wisconsin, operates to deprive the citizen of a lawful right to contract, protected by the fourteenth amendment, i dissent.

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May 31 1904 (FN)

Shepard Vs. Barron

Court : US Supreme Court

Decided on : May-31-1904

..... to pay the bonds. in this view, the constant and frequent promises and representations made by the plaintiffs after the work was embarked upon are material evidence of the implied contract to pay for the work, arising from the request for its performance. it is therefore upon these facts, immaterial that the law under which the proceedings were conducted was unconstitutional ..... number of the property owners had informed the contractor that they would rather have grass seed sown thereon. the petitioners concluded: "we therefore petition that you cancel the above mentioned contract, and that each one, for their respective frontage upon said street, will see to it that grass seed is sown upon said sideways of east broad street this fall, ..... and adorning the circle, upon page 194 u. s. 557 the condition that the street around the circle should be completed and paved in accordance with the plat, order, and contract mentioned. the plaintiffs, acting under the name of the alum creek ice company, together with the other owners of real estate abutting upon these improvements, addressed a written communication to ..... bill was filed on june 12, 1899, for the purpose of enjoining the collection of the balance remaining unpaid on the assessment, on the grounds already stated. immediately after the contract for doing the work of improvement was entered into between the county commissioners and the contractor, and in compliance with the provisions of the act (section 13), the commissioners designated .....

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May 31 1904 (FN)

Schick Vs. United States

Court : US Supreme Court

Decided on : May-31-1904

..... the offense. and yet it would approximate such a position to hold that he might be bound by a contract providing for a trial before a court or jury unknown to the constitution or the laws, the result of which trial might be to place him in the same penitentiary ..... jury by which he is to be tried. it would be adding materially to the generally recognized force of the obligation of contracts to hold that a defendant charged with a crime might, without a trial, enter into a building contract with the prosecuting attorney (representing the state) to go to the penitentiary for a certain number of years in satisfaction for .....

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May 31 1904 (FN)

Field Vs. Barber Asphalt Paving Co.

Court : US Supreme Court

Decided on : May-31-1904

..... and but little worn. the effect of this decree was, while finding against complainants as to the allegations of fraud and collusion in obtaining the contract, to hold that, in the opinion of the trial judge, the repaving of wyandotte street was unnecessary. we think this conclusion overlooks the fact ..... the northern securities cases, decided at this term, and its construction and the nature of the remedies under it determined. it is not intended to affect contracts which have a remote and indirect bearing upon commerce page 194 u. s. 624 between the states. hopkins v. united states, 171 u. s. ..... of, the subject given by the constitution to congress. in this day of multiplied means of intercourse between the states, there is scarcely any contract which cannot, in a limited or remote degree, be said to affect interstate commerce. but it is only direct interferences with the freedom of such ..... influence on the part of the agents of the defendant company, exercised upon the board of aldermen of the city of westport; (3) that the contracts for the paving required the same to be constructed of trinidad lake asphalt, thereby cutting off competition with other kinds of asphalt suitable for street paving ..... of interstate commerce are prohibited to the states by the constitution, and the sherman act of july 2, 1890, is not intended to affect contracts which have only a remote and indirect bearing on commerce between the states. the specification in an ordinance, not invalid under the laws of the .....

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May 31 1904 (FN)

Shaw Vs. Covington

Court : US Supreme Court

Decided on : May-31-1904

..... place, . . . shall thereafter be void and of no effect." again, by 164, no city can grant any franchise or privilege, or make any contract in reference thereto, for a term exceeding twenty years, and the grantee is to be the highest and best bidder at public offer. we assume that the ..... with all the property, business, credits, assets, and effects of the constituent corporations, without deed or transfer, and shall be bound for all their contracts and liabilities." the old companies disappear and the new company must claim whatever rights it gets from the law which calls it into being. it is ..... to repeal its grant to that extent, or the action of the municipality is not so sanctioned; in which case it cannot be a law impairing the obligations of contracts within the clause of the constitution, and the plaintiffs are out of court. hamilton gas light & coke co. v. hamilton, 146 u. s. 258 ; ..... and power to the city and its citizens. the ground of the suit is that the intended action of the city will impair the obligations of a contract with the suburban electric company, contrary to article i, section 10, of the constitution of the united states. the plaintiff shaw is trustee in bankruptcy ..... of the electric company. the contract set up consists of a clause in a charter granted by the legislature of kentucky on april 22, 1882, to the covington electric light company. by .....

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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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May 02 1904 (FN)

Raphael Vs. Trask

Court : US Supreme Court

Decided on : May-02-1904

..... company to hinder and delay the complainant is unqualifiedly false. the western company is in no way a party to the agreement or provision for such indemnity or such guaranty. the western company, if the purchase of its common stock shall be completed, will be itself indemnified against any claim of complainant." ..... of success, it is proper that our guaranty be ratably shared by all who avail themselves of the contract made by us for the vendors. from the $80 per share and interest mentioned above, we shall therefore deduct such amount per share as counsel ..... circuit court for utah a suit against the title of the western company to the bingham and alta spurs of its railroad, and in making the contract for the vendors, our firm gave its personal guarantee against any liability of the company in that suit. although the company's solicitors are confident ..... . although the company's solicitors are confident of success, it is proper that our guarantee be ratably shared by all who avail themselves of the contract made by us for the vendors. from the $80 per share and interest mentioned above, we shall therefore deduct such amount per share as counsel ..... or to stay waste, as ancillary to a foreclosure suit pending in another circuit court of the united states, where there is no privity of contract or trust relations between complainant and defendants and the record does not show that the defendant in the foreclosure suit could not respond to any .....

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Apr 26 1904 (FN)

Kirby Vs. American Soda FountaIn Co.

Court : US Supreme Court

Decided on : Apr-26-1904

..... the suit. the subject of the suit is not merely the amount of rent claimed, but the title of the respective parties to the land under the contract. the contract shows that the matter in dispute was valued by the parties at $8,000. . . . we think this court has jurisdiction." the case is ..... under its control, and it was apparent that the decree on the cross-bill disposed of the contention of plaintiff in respect of the cancellation of the contract. taking the bill, defendant's answer, and the cross-bill together, the jurisdictional amount was made out. in the second place, it is the ..... conditions prescribed, and defendant not only set up in his answer a defense to the claim for rent, but also sought a decree affirming the contract as outstanding. it was objected in this court that the matter in dispute was not of the value of one thousand dollars, and that therefore there ..... entered in that court may 12, 1902, and on that day defendant filed its answer, denying all charges of fraud, and setting up the written contract between plaintiff and itself, which it alleged contained all the terms of the agreement between them, whereby defendant agreed to manufacture and ship to plaintiff, and ..... and pay defendant $2,025 in addition, and signed a memorandum in relation thereto, which, however, plaintiff alleged did not contain all the terms of the contract; that the exchange was made, but defendant's soda fountain apparatus, instead of being superior in value by $2,025, was, as matter of page 194 .....

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Apr 25 1904 (FN)

United States Vs. Sing Tuck or Do

Court : US Supreme Court

Decided on : Apr-25-1904

..... alien immigrant within the intent and meaning of the act of congress entitled 'an act in amendment to the various acts relative to immigration and the importation of aliens under contract or agreement to perform labor,' approved march 3, 1891, 26 stat. 1084, c. 551, the commissioner had no power to detain or deport her, and the final order of the .....

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Apr 11 1904 (FN)

Houghton Vs. Payne

Court : US Supreme Court

Decided on : Apr-11-1904

..... consists merely in the revocation of a certificate or license admitting these publications as mail matter of the second class. no vested right having been created by such certificate, no contract can be said to be impaired by its revocation. salt co. v. east saginaw, 13 wall. 373; grand lodge v. new orleans, 166 u. s. 143 , 166 u. s. 147 ..... return of moneys paid to him under the former construction. this case is not open to the same objections. no contract with the government is set up whereby the latter agreed to carry these publications as second-class mail matter. much less is any repayment demanded of money paid by the ..... v. alabama r. co., 142 u. s. 615 , 142 u. s. 621 , in which we held that this court would look with disfavor upon a change whereby parties who have contracted with the government on the faith of a former construction might be injured, especially when it is attempted to make the change retroactive, and to require from a contractor a ..... periodical publication, but to ascertain whether, being such a publication as is contemplated by 10, it also answers the additional conditions there imposed. the fact that publishers may have made contracts for the future delivery of their publications at prices founded on confidence in the continuance of the certificate of admission to the mails at second class rates, issued under a .....

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