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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1908 Page 1 of about 48 results (0.059 seconds)

Apr 06 1908 (FN)

Allemannia Fire Ins. Co. Vs. Firemen's Ins. Co.

Court : US Supreme Court

Decided on : Apr-06-1908

..... commercial world for a long number of years, and it is entirely different from what is termed "double insurance" -- i.e., an insurance of the same interest. the contract is one of indemnity to the person or corporation reinsured, and it binds the reinsurer to pay to the reinsured the whole loss sustained in respect to the subject of the insurance to ..... of payment specified in the policy of the fulton company -- otherwise the defendant's policy would not be the contract of indemnity intended, and endless litigation might ensue." bearing in mind what the contract of reinsurance, pure and simple, means, and how these contracts have been enforced in the past when some special language has been introduced in regard to the payment under a ..... reinsurance policy, the question arises whether, by the use of the language of the eleventh subdivision, the contract of reinsurance, while .....

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Apr 06 1908 (FN)

Ware and Leland Vs. Mobile County

Court : US Supreme Court

Decided on : Apr-06-1908

..... a policy of insurance is not a transaction of commerce. the policies are simple 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 ..... it was said: "if the power to regulate interstate commerce applied to all the incidents to which said commerce might give rise and to all contracts which might be made in the course of its transaction, that power would embrace the entire sphere of mercantile activity in any way connected with ..... of goods." while the general principles applied in these cases are not be denied, there is a class of cases which hold that contracts between citizens of different states are not the subjects of interstate commerce simply because they are negotiated between citizens of different states, or by ..... should be stipulated, agreed, and understood that an actual receipt and delivery of the cotton or grain was to be had, and that said contracts were transferable and assignable." the sole question here presented is whether the statute in question is an attempt to regulate interstate commerce, for if ..... were printed: "on all marginal business, we reserve the right to close transactions without further notice when margins are about exhausted, and to settle contracts in accordance with the rules and customs of the exchange on which the order is placed, it being understood and agreed in all trades that .....

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Jan 06 1908 (FN)

Employers' Liability Cases

Court : US Supreme Court

Decided on : Jan-06-1908

..... attributable to such employee. all questions of negligence and contributory negligence shall be for the jury." "sec. 3. that no contract of employment, insurance, relief, benefit, or indemnity for injury or death entered into by or on behalf of any employees, nor the acceptance of any such insurance, relief, benefit ..... trial of such action against any common carrier, the defendant may set off therein any sum it has contributed toward any such insurance, relief, benefit, or indemnity that may have been paid to the injured employee, or, in case of his death, to his personal representative." "sec. 4. that no action ..... of the states to provide against accidents on trains." in chicago &c.; railway v. solan, 169 u. s. 133 , a state statute forbidding a contract limiting liability for injury was sustained, the court, by mr. justice gray, saying: "the rules prescribed for the construction of railroads, and for their management ..... which it was within the constitutional power of the legislature to reach. it is the same rule which obtains in the interpretation of any private contract between individuals. that, whatever may be its words, is always to be construed in the light of the statute; of the law then ..... receivability of the coupons for "all taxes, debts, dues, and demands on the state" was in part beyond the constitutional power of the legislature, the contract evidenced by that statute was entirely void. the court, speaking by mr. justice brewer, answered this argument by saying, p. 135 u. s. 112 .....

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Feb 24 1908 (FN)

Atlantic Trust Co. Vs. Chapman

Court : US Supreme Court

Decided on : Feb-24-1908

..... there are cases where the court will, if the fund in court be insufficient to give the receiver reasonable compensation and indemnity, require the parties at whose instance he is placed in possession of the property to pay him. johnson v. garrett, 23 minn. 565; knickerbocker v. ..... fund which comes into his hands as receiver. the parties to the action are not personally liable therefor, unless they have given a bond or other contract to pay them as a condition of the appointment or continuance of the receiver. this may be conceded to be correct as a general rule, but ..... a receiver, as soon as he is appointed and qualifies, comes, as we have said, under the sole direction of the court. the contracts he makes or the engagements into which he enters from time to time under the order of the court are, in a substantial sense, the ..... contracts and engagements of the court. the liabilities which he incurs are liabilities chargeable upon the property under the control and in the possession of ..... mortgagor company in the usual and ordinary way as the same were then operated, discharging, so far as practicable, contracts for water supplies entered into by the company, collecting rents, tolls, moneys payable under water contracts, keeping the property in good condition and repair, employing needful agents and servants at such compensation as he deemed .....

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Dec 21 1908 (FN)

Bailey Vs. Alabama

Court : US Supreme Court

Decided on : Dec-21-1908

..... intent, without just cause, and without refunding such money or paying for such property, refuses or fails to cultivate such land, or to comply with his contract relative thereto, must, on conviction, be page 211 u. s. 456 punished by a fine in double the damage suffered by the injured party, but ..... . the statute of alabama referred to is as follows: "6845. any person who, with intent to injure or defraud his employer, enters into a contract in writing for the performance of any act or service, and thereby obtains money or other personal property from such employer, and with like intent, and ..... penalty a fine in double the damage suffered, one-half to go to the party injured, and creates a similar offense with regard to persons making contracts in writing "for the rent of land." it is contended that the statute, as it now stands, is unconstitutional under the thirteenth and fourteenth amendments ..... 1907, p. 636), amending the code of 1896, 4730. this section of the code made it an offense punishable like larceny to enter into a contract in writing for service with intent to injure or defraud the employer, and, after thereby obtaining money or personal property from such employer with such intent, ..... after a preliminary trial before a justice of the peace, the plaintiff in error was committed for detention on a charge of obtaining $15 under a contract in writing, with intent to injure or defraud his employer. at this stage, the writ was issued. if the supreme court had affirmed the denial .....

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Dec 07 1908 (FN)

ingersoll Vs. Coram

Court : US Supreme Court

Decided on : Dec-07-1908

..... 501 , 138 u. s. 507 . in walker v. brown, 165 u. s. 654 , it was held that every express executory agreement in writing whereby the contracting party sufficiently indicates an intention to make some particular property, real or personal, or fund, therein described or identified, a security for a debt or other obligations creates ..... and proofs, the bill must be sustained." the conclusion of the court is sustained by authority. in wylie v. coxe, 15 how. 415, a contract was made with an attorney for the prosecution of a claim against mexico to pay him a contingent fee of five percent out of the fund awarded. ..... defect, and to make it do so was the purpose for which they employed ingersoll and which his services achieved. there was performance therefore of his contract. the next question is, does the evidence establish the existence of the lien? an affirmative answer must be given. it is manifest that payment to ..... of suffolk county. no interference with that court was sought or decreed, as we have seen. rights between the parties, arising from their transactions and contracts, were only adjudged and only decreed to be redressed when the probate court should have finished its functions. indeed, it may even be that the circuit ..... it found all of the allegations of the bill to be true, and that there was due and owing to the plaintiff (petitioner here), on the contract executed by coram and root, the sum of $95,000, with interest, amounting in all to the sum of $138,010.83. it adjudged root .....

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Nov 30 1908 (FN)

Phoenix Bridge Co. Vs. United States

Court : US Supreme Court

Decided on : Nov-30-1908

..... many express exactions looking to the execution of the work so as to enable the bridge to be continuously operated for the passage of trains during the progress of the contract. the contract contained the following clause: "5th. if any default shall be made by the party of the first part in delivering all or any of the work mentioned in this ..... necessary to expressly provide for the contingency of the interruption of navigation by the execution of the work, when such interruption was impossible to arise if the duties which the contract imposed were executed according to their express requirements. as the findings beyond peradventure established that the liftspan was the most feasible and least expensive substitute page 211 u. s. 199 ..... work for supporting the drawspan, although in so doing the navigation of the river would be entirely obstructed. and, upon the assumption that such is the true interpretation of the contract, it is urged the final receipt which was given did not constitute accord and satisfaction for the expenditure made concerning the liftspan. in logical order, the question of accord and ..... from such failure. nothing contained in this stipulation shall be construed to prevent the chief of ordnance, at his option, upon the happening of any such default, from declaring this contract to be thereafter null and void, without affecting the right of the united states to recover for defaults which may have occurred; but, in case of overwhelming and unforeseen accident .....

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Nov 30 1908 (FN)

Home Tel. and Tel. Co. Vs. Los Angeles

Court : US Supreme Court

Decided on : Nov-30-1908

..... council shall constitute a quorum for the transaction of business, but no ordinance shall be passed or other act done granting a franchise, making any contract, auditing any bill, ordering any work to be done, or supplies to be furnished, disposing of or leasing the city property, ordering any ..... the legislative authority conferred upon the municipality was described in the opinion of the court (p. 194 u. s. 534 ) as "comprehensive power to contract with street railway companies in respect to the terms and conditions upon which such roads might be constructed, operated, extended, and consolidated." in cleveland v. cleveland ..... and that, as the rates prescribed in the ordinances complained of are less than that standard, the ordinances therefore impair the obligation of the contract, in violation of the constitution of the united states. this is the first question to be considered, and the facts out of which ..... . the ordinances of the city of los angeles fixing telephone rates held not to be unconstitutional either as impairing the obligation of the contract contained in the franchise, as depriving the corporation affected of its property without due process of law or as denying it the equal ..... southern district of california syllabus only the legislature of a state, or a municipality specifically authorized thereto by the legislature, can surrender by contract a governmental power such as fixing rates. to grant a corporation the right to charge a specified rate for a specified page 211 u .....

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Jun 01 1908 (FN)

Bobbs-merrill Co. Vs. Straus

Court : US Supreme Court

Decided on : Jun-01-1908

..... given such a construction, and it is to be remembered that this is purely a question of statutory construction. there is no claim in this case of contract limitation, nor license agreement controlling the subsequent sales of the book. in our view, the copyright statutes, while protecting the owner of the copyright in ..... . s. 123 , 131 u. s. 151 . the learned counsel for the appellant in this case, in the argument at bar, disclaims relief because of any contract, and relies solely upon the copyright statutes, and rights therein conferred. the copyright statutes ought to be reasonably construed with a view to effecting the purposes intended by congress ..... case now before us, and concerned a contract of license sued upon in the state court, and, of course, does not dispose of the questions to be decided in this case. the question ..... national harrow co., 186 u. s. 70 , the suit was between the owners of the letters patent as licensor and licensees, seeking to enforce a contract as to the price and terms on which the patented article might be dealt with by the licensee. the case did not involve facts such as in the ..... , and a notice in the book that a sale at a different price will be treated as an infringement is ineffectual as against one not bound by contract or license agreement. 147 f. 15 affirmed. the facts are stated in the opinion. page 210 u. s. 341 mr. justice day delivered the opinion .....

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Jun 01 1908 (FN)

Pierce Vs. Creecy

Court : US Supreme Court

Decided on : Jun-01-1908

..... or corporations, the purpose and effect of which combination, contract, or agreement would be a conspiracy to defraud, as defined in section 1 of this act, or to page 210 u. s. 391 create ..... corporation or any agent, officer, or employee thereof, or for the directors or stockholders thereof, entered into, and is not now, in any combination, contract, or agreement with any person or persons, corporation or corporations, or with the stockholders, director, or any officer, agent, or employee of any corporation ..... issued by the parties aforesaid, and that it has not entered into or become a member of or a party to any pool, trust, agreement, contract, combination, or confederation to fix or limit the amount of supply or quantity of any article of manufacture, mechanism, merchandise, commodity, convenience, repair, ..... or for the directors or stockholders of any corporation, has not entered into, and is not now in any combination, contract, or agreement with any person or persons, corporation or corporations, or with any stockholders or directors thereof, the purpose and effect of which said combination ..... , contract, or agreement would be to place the management or control of such combination or combinations, or the manufactured product thereof, in .....

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