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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1904 Page 3 of about 59 results (0.153 seconds)

Apr 04 1904 (FN)

Wright Vs. Minnesota Mut. Life Ins. Co.

Court : US Supreme Court

Decided on : Apr-04-1904

..... in the maturing of certificates, and the abandonment of the plan for other insurance by the better class of risks, has not infrequently resulted in so increasing assessments and diminishing indemnity as to result in failure. the testimony that such was the history of this enterprise is ample. the changes of 1898 to a plan of issuing, in exchange for certificates ..... changes and transfer of membership, but to no case holding legislative authorization of a change of this character to work the impairment by the state of the obligation of a contract. the courts are slow to interfere with the management of societies such as this mutual insurance company. while the rights of members will be protected against arbitrary action, such ..... adjudicated upon, which gives a right of direct appeal from the decree dismissing the bill to this court, is the constitutional guaranty against the impairment of the obligation of a contract contained in section 10 of article i of the constitution of the united states. the complaining certificate holders allege that the laws of minnesota, under which the changes in the ..... and be governed by this chapter, anything in its special charter to the contrary notwithstanding. provided, that nothing herein contained shall impair or operate to impair the obligation of any contract, and provided further that, after such qualification, the company qualifying shall be governed solely by the act, and provided further that nothing in this act contained shall apply to any .....

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Apr 04 1904 (FN)

Mutual Life Insurance Co. Vs. Hill

Court : US Supreme Court

Decided on : Apr-04-1904

..... would have been due if he had performed. it is simple justice between two parties to a contract containing depending stipulations that neither should be permitted to exact performance by the other without having himself first performed. it is true, cases arise in which one party is enabled ..... policy. under those circumstances, the insured failed to pay, and continued such failure for four years prior to his death. yet, notwithstanding his failure to perform his part of the contract -- and performance by the insured underlies the obligation of the insurance company to perform on its part -- this action was brought to compel the same performance by the company that ..... also limit the extent of their applicability. the case is precisely like one in which page 193 u. s. 555 the parties, without mentioning laws or state, stipulate that the contract shall be determined in accordance with certain specified rules. this insurance policy contains these recitals: "in consideration of the application for this policy, which is hereby made a part of ..... record and have not already been decided are open for consideration. previous decisions in kindred cases have established these propositions: first, the state of washington was the place of the contract. equitable life assurance society v. clements, 140 u. s. 226 , 140 u. s. 232 ; mutual life insurance company of new york v. cohen, 179 u. s. 262 . second, the statutory .....

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Apr 04 1904 (FN)

People's Gas Light and Coke Co. Vs. Chicago

Court : US Supreme Court

Decided on : Apr-04-1904

..... such immunity in their own right; that, under this bill, relief could not be accorded in respect of part of the system; that no contract that the price of gas should not be reduced below one dollar per thousand feet was created, nor was the alleged original exemption merely modified ..... relief in respect of the entire plants and territory, the entire system as consolidated, it could not be maintained, because there was no such contract which the ordinance impaired or destroyed. it is said that partial relief might have been accorded unless by the consolidation the alleged exemption was lost, ..... one dollar per thousand cubic feet. assuming, but without intimating any opinion to that effect, that, by the amended charter of 1865, the state contracted with the people's gas light & coke company that the city should not thereafter be empowered to reduce the price of gas below three dollars per ..... coke company." the circuit court declined to specifically dispose of complainant's contention that, by the act of february 7, 1865, the state had contracted that the city should never require the company to furnish gas at a less rate than three dollars per thousand feet, because it held that the ..... april 4, 1904 194 u.s. 1 appeal from the circuit court of the united states for the northern district of illinois syllabus where the contract claimed to have been impaired was made with one of several corporations merged into the complainant, and concededly affects only the property and franchises originally .....

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Apr 04 1904 (FN)

United States Vs. Mccoy

Court : US Supreme Court

Decided on : Apr-04-1904

..... , with the reports upon which the finding in the certificate was based, we think the certificate was legally competent to establish prima facie the fact that mccoy had abandoned his contract. it was made the duty of the postmaster at san francisco, by section 3849 of the revised statutes, to "promptly report to the postmaster general every delinquency, neglect, ..... ," from evidence which justify the imposition of fines or the deciding that a postal contractor has abandoned the performance of his contract, the postmaster general may act as authorized in such provisions. it would seem to be an appropriate act for the postmaster general to make distinct official evidence of the fact ..... the contractor commences or resumes the proper performance of service, or until the route can be relet, as now provided by law, and service commenced under the new award of contract. all acts or parts of acts inconsistent with the provisions of this act being hereby repealed." these provisions, by necessary implication, declare that whenever the postmaster general "is satisfied ..... ascertained and established in the regular course of official action by the department, and represented disbursements made in the ordinary course of business for temporary service and under the new contract, all of which was occasioned by the actual or assumed default of mccoy. the payments shown by the items therefore properly appeared on the books of the treasury department .....

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Apr 04 1904 (FN)

icc Vs. Baird

Court : US Supreme Court

Decided on : Apr-04-1904

..... to have made little objection to the inspection of the papers; the contest was over their relevancy as testimony. nor can we see force in the suggestion that these contracts were made with persons not parties to the proceeding. undoubtedly the courts should protect nonlitigants from unnecessary exposure of their business affairs and papers. but it certainly can be ..... been relied upon; those argued pertained to the relevancy of the proof and the rights of persons not before the court to be protected from the publication of their private contracts. as to the constitutional objection based upon the fifth amendment, the act as amended february 11, 1893, expressly extends immunity from prosecution or forfeiture of estate because of testimony ..... . it was clearly competent for congress, to that end, to invest the commission with authority to require the attendance and testimony of witnesses, and the production of books, papers, tariffs, contracts, agreements, and documents relating to any matter legally committed to that body for investigation." in interstate commerce commission v. cincinnati, new orleans &c.; railway co., 167 u. s. 479 ..... by the railroad companies, taking issue with the allegations of the petition and denying violation of the law. in the course of the hearing, certain witnesses refused to produce contracts and answer questions when required so to do by order of the commission, which refusal gave rise to the petition to the circuit court. the character of the testimony .....

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Mar 21 1904 (FN)

Adams Vs. Church

Court : US Supreme Court

Decided on : Mar-21-1904

..... policy of the law. but, as the law does not require affidavit before final certificate that no interest in the land has been sold, we perceive no reason why such contract as was found to exist by the supreme court of oregon would vitiate the agreement to convey after the certificate is granted and the patent issued. if the entryman has ..... to abandon his occupation, and thus deprive the purchaser of any possibility of acquiring title to the land; that a contract whose consummation necessarily rests on perjury is illegal." and that courts of equity would not enforce the performance of such contracts "founded upon perjury and entered into in defiance of a clearly expressed will of the government." but this case is .....

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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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Feb 23 1904 (FN)

Delaware Indians Vs. Cherokee Nation

Court : US Supreme Court

Decided on : Feb-23-1904

..... the agreement had been reduced to writing and signed by the parties thereto. nor can we find a latent ambiguity in the terms of the contract which requires the admission of parol testimony to explain its effect. in the light of the circumstances and the language used in the writing, ..... were thereby receiving full title to the occupied lands. to establish this contention, it is claimed that, in view of the character of the contracting parties, they should not be held to the strict rule of evidence which denies the competency of parol testimony to contradict written agreements, and a ..... , either as a tribe or individually, this stipulation to secure the rights of the delawares in the contingency named was entirely superfluous. further, the contract reads: "nor shall the ownership and occupancy of said lands by any delawares so registered be interfered with in any manner whatsoever without his consent, ..... into the cherokee nation shall in all respects be regarded as native cherokees." the treaties which led up to this agreement are referred to in the contract and were ratified in 1866. the fifteenth article of the treaty of august 11, 1866, between the united states and the cherokee nation provided: ..... cherokee nation for the purpose of determining the rights of said delaware indians in and to the lands and funds of said nation under their contract and agreement with the cherokee nation dated april eighth, eighteen hundred and sixty-seven; or the cherokee nation may bring a like suit against .....

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Jan 18 1904 (FN)

Sanislaus County Vs. San JoaquIn C. and I. Co.

Court : US Supreme Court

Decided on : Jan-18-1904

..... to fix rates that would secure to it one and one-half percent a month income upon the capital actually invested in the undertaking. if not hampered by an unalterable contract, providing that a certain compensation should always be received, we think that a law which reduces the compensation theretofore allowed to six percent upon the present value of the property ..... preclude legislative interference with their exercise if the public interest should at any time require such interference. it is a provision intended to preserve to the state control over its contract with the corporators which, without that provision, would be irrepealable and protected from any measures affecting its obligation." it was also said (p. 82 u. s. 459 ): "the reservation affects ..... corporation under the act of 1862, and that, if otherwise construed, the act of 1885 would run counter to the constitutional provision that no law impairing the obligation of a contract should be passed, and the statute would be subjected to the further objection that, as so construed, the state would deprive complainant of its property without due process of law ..... in the california water act of 1862 that county boards of supervisors should regulate water rates but could not reduce them below a certain point does not amount to a contract with water companies, which would be impaired within the meaning of the federal constitution by a subsequent act either reducing the rates below such point or authorizing boards of supervisors .....

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