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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1905 Page 1 of about 53 results (0.055 seconds)

Jan 09 1905 (FN)

Slavens Vs. United States

Court : US Supreme Court

Decided on : Jan-09-1905

..... general may discontinue the entire service on any route whenever the public interest, in his judgment, shall require such discontinuance, he allowing, as full indemnity to the contractor, one month's extra pay." in the contract it is stipulated: "it is hereby stipulated and agreed by the said contractor and his sureties that the postmaster general may change the schedule and ..... and, the contractor declining to perform the work remaining at the lower compensation, put an end to the contract by an order of discontinuance, allowing the contractor one month's extra pay as full indemnity. it is contended by the appellant that this contract, properly construed, while it permits the postmaster general to make changes in the schedule and termini of the ..... , it was within the power of the postmaster general to put an end to the contract by order of discontinuance, allowing one month's pay as indemnity, and to relet the remaining service; the power to terminate the contract on allowing a month's pay as indemnity was not predicated on an abandonment of the entire service. while the provisions in a ..... reservation, the postmaster general would be authorized to discontinue the entire service contemplated by the contract, and the practical effect of that would be to terminate the contract itself on making the indemnity specified." as to the other claim for extra services, n the stipulation of the contracts, it appears that the contractor was required to perform all new or additional or changed .....

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Nov 27 1905 (FN)

Royal Ins. Co. Vs. Miller

Court : US Supreme Court

Decided on : Nov-27-1905

..... affected by the mortgage after its harvest or manufacture into sugar up to the time of its removal or warehousing. third. that the rights of the mortgage creditor attached to indemnity for insurance upon the mortgaged property, including the crops, provided the loss occurred after the execution of the mortgage. under the construction which we have given the policy of insurance ..... from the same source of title, or based upon the same cause of action, may be joined and brought in one action." the claims of both parties depended upon the contract of insurance. there was no inherent antagonism between the two claims, since the amendment making lucas amadeo a party expressly alleged that his rights in and to the policy were ..... the contracts with which the controversy is concerned, the pleadings, and such uncontroverted facts as are essential to be borne in mind in order to comprehend the issues raised by the assignments ..... plaintiff. the facts are stated in the opinion. mr. justice white delivered the opinion of the court. whether a judgment upon a verdict enforcing against the plaintiff in error a contract of fire insurance is erroneous is the general question for decision. the record is confused, the pleadings involved, and the errors assigned numerous. we shall therefore, at the outset, state .....

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Dec 18 1905 (FN)

Sjoli Vs. Dreschel

Court : US Supreme Court

Decided on : Dec-18-1905

..... homestead laws of the united states; and, that the secretary of the interior has no authority to withdraw from sale or settlement lands that are within indemnity limits which have not been previously selected, with his approval, to supply deficiencies within the place limits of the company's road. * these principles, ..... therefore, stand in the way of the lands' being occupied and entered under the homestead laws. the mere filing of its lists of selections of indemnity page 199 u. s. 569 lands did not have the effect to exclude them from occupancy under the preemption or homestead laws. on the contrary, ..... as already stated, the result of the cases in this court is that the railroad company did not acquire an interest in any particular lands within the indemnity limits merely by filing its lists of selections, nor until its selections were approved by the secretary of the interior. in musser v. mcrae, 38 ..... was issued to him under date of june 18, 1901. his title rests upon that patent. dreschel's claim to the land arises out of a contract made by him april 21, 1900, with the northern pacific railway company, by which that corporation agreed to sell to him the land in question. ..... and homestead laws of the united states. 4. the secretary of the interior has no authority to withdraw from sale or settlement lands within the indemnity limits which have not been previously selected, with his approval, to supply deficiencies within the place limits of the company's road. the facts are .....

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May 29 1905 (FN)

Supreme Lodge Vs. Meyer

Court : US Supreme Court

Decided on : May-29-1905

..... -- namely, to accept it 'subject to all the conditions therein contained.' the contract was not completed, in the sense that page 198 u. s. 519 it was binding upon either party to it, until it was delivered in new ..... was one of those 'further agreements.' from these terms of the agreements of the parties, the only natural conclusion is that the place of the contract was where it was intended and understood to be consummated. its completion depended upon the execution by the member of the further agreement indorsed upon the certificate ..... we quote counsel: "the attempted application of sections 834 and 836 of the civil code of procedure of the state of new york to the contract in the case at bar is a violation of the federal constitution." these contentions may be said to have the same ultimate foundation, but regarding ..... ," and that their testimony was therefore properly excluded under 834 and 836. the court also held that the certificate of insurance was a new york contract. judge gray and chief judge parker concurred in the latter view, but dissented as to the application of the code sections. plaintiff in error contests ..... to which the case was remitted, and this writ of error was then sued out. there are two questions in the case -- the place of the contract page 198 u. s. 516 and the effect of the following provision in the certificate of insurance: "and i hereby, for myself, my heirs, assigns .....

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Dec 18 1905 (FN)

Eclipse Bicycle Co. Vs. Farrow

Court : US Supreme Court

Decided on : Dec-18-1905

..... , and there has not been and could not be a finding to the contrary. the ground on which the account was ordered was that the contract required it, notwithstanding all the difference which the auditor found. we could not come to that conclusion unless we at least were satisfied that it ..... in respect of e 10 could be allowed. it is not pretended that farrow occupied such a position as an inventor, and our construction of the contract does not give it the supposed extent. the auditor found that there was a radical page 199 u. s. 592 difference between the contrivances in ..... plaintiff to royalties upon all devices manufactured by the defendant and embodying the inventions mentioned in the contract, and directs an account in accordance with the decree. we are of opinion that these terms warranted the auditor in charging royalties upon any device ..... any improvement or elaboration in the original device may be declared to have been made by the defendant for the benefit of the parties to the contract. the decree directing an account specifically mentions the first morrow device, it is true; but it declares in general terms the rights of the ..... decided december 18, 1905 199 u.s. 581 appeals from the court of appeals of the district of columbia syllabus a bicycle manufacturing company made a contract with an inventor to use, obtain patents for, and exploit the sale of improved coaster brakes, for which applications for patents were then pending, the .....

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Dec 18 1905 (FN)

Minnesota Iron Co. Vs. Kline

Court : US Supreme Court

Decided on : Dec-18-1905

..... body of citizens engaged in a particular work. holden v. hardy, 169 u. s. 366 . it was not argued that the statute was bad as interfering unduly with freedom of contract. there is no doubt that that freedom may be limited where there are visible reasons of public policy for the limitation. holden v. hardy, 169 u. s. 366 , 169 u ..... any agent or servant thereof by reason of the negligence of any other agent or servant thereof, without contributory negligence on his part, when sustained within this state, and no contract, rule, or regulation between such corporation and any agent or servant shall impair or diminish such liability; provided, that nothing in this act shall be so construed as to render ..... defined class of perils, and it is not necessary that they are shared by the public if they concern the body of citizens engaged in a particular work. freedom of contract may be limited by a state statute where there are visible reasons of public policy for the limitation. the facts are stated in the opinion. page 199 u. s. 596 .....

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Dec 18 1905 (FN)

Russian-american Packing Co. Vs. United States

Court : US Supreme Court

Decided on : Dec-18-1905

..... take possession of this land until five years after the act of 1884 was passed, it was a mere trespasser, and not in a position to avail itself of any contract which might be extorted from the language of the act in favor of the indians or other persons who might have been in possession of the land at the passage .....

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Dec 04 1905 (FN)

Manigault Vs. Springs

Court : US Supreme Court

Decided on : Dec-04-1905

..... change of policy on the part of the state prohibiting the establishment or continuance of such traffic -- in other words, that parties, by entering into contracts, may not estop the legislature from enacting laws intended for the public good. while this power is subject to limitations in certain cases, there is ..... the general good of the public, though contracts previously entered into between individuals may thereby be affected. this power, which in its various ramifications is known as the police power, is an exercise ..... to construct and maintain the dam in question. it is the settled law of this court that the interdiction of statutes impairing the obligation of contracts does not prevent the state from exercising such powers as are vested in it for the promotion of the common weal, or are necessary for ..... cummings v. chicago, 188 u. s. 410 ; montgomery v. portland, 190 u. s. 89 . the main argument was addressed to the question whether the contract of august, 1898, providing for the removal of the obstruction on december 31 and the free ingress and egress through the creek thereafter, was impaired by the act of ..... complained that the effect was to compel him to raise the dikes around his lands. as a result of long negotiations, a compromise was effected and a contract entered into in august, 1898, between defendants under the name of s. m. ward & company, of the first part, and plaintiff and ford, .....

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Nov 27 1905 (FN)

Simpson Vs. United States

Court : US Supreme Court

Decided on : Nov-27-1905

..... indefinite oral agreement. the facts are stated in the opinion. mr. justice holmes delivered the opinion of the court. this case arises upon a contract between the commissary general of subsistence and the claimant by which it was agreed that the claimant should "deliver to the commissaries of the united states ..... commanding officers, they shall designate, such quantities of fresh beef . . . fit for immediate use . . . as from time to time they may require." the contract was to "be in force from the fifth day of january, 1899, to the thirtieth day of june, 1899, inclusive, or such less time for any post as ..... connected with both points by rail. there was a refrigerator plant there which had been erected by swift & co., so that, if the claimant regarded his contract as the supplement to that of swift & co., there was notice on the face of the earth that this point was supposed to be within their ..... the interior of the island." obviously the two phrases were used as meaning the same thing, and they may be considered in interpreting the word "interior" in the contract. bradley v. washington, alexandria and georgetown steam packet co., 13 pet. 89, 38 u. s. 101 ; stoops v. smith, 100 mass. 63, 65- ..... third parties. on february 21, he was notified that commissaries throughout the island had been instructed to call on him to furnish fresh beef under his contract whenever swift & co. could not do so under theirs, and he furnished beef for los quemados for the first thirteen days of march, and was .....

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Nov 27 1905 (FN)

United States Vs. Stage Co.

Court : US Supreme Court

Decided on : Nov-27-1905

..... hardly be seriously entertained. the same principles of right and justice which prevail between individuals should control in the construction and carrying out of contracts between the government and individuals. the phrase "new or additional service" is not one of exact meaning, defining the precise extent of the obligation incurred, and permits ..... power of the government to ruin a contractor by new and wholly unanticipated demands, which caution and prudence, however great, could not have foreseen. if this were a contract between individuals, a claim of the right to require this vast amount of additional work -- evidently no within the contemplation of the parties -- without additional compensation would ..... or changed covered regulation wagon, mail messenger, transfer, and mail station service that the postmaster general may order at the city of new york, n.y., during the contract term, without additional compensation, whether caused by change of location of post office, stations, landing, or the establishment of others than those existing at the date hereof, or ..... required to perform, without additional compensation, any and all new or additional service that may be ordered from july 1, 1893, or at any time thereafter during the contract term, whether between post offices and railroad stations, between post offices and steamboat landings, between post offices and mail stations, or between the several railroad stations, steamboat landings .....

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