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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1910 Page 1 of about 49 results (0.057 seconds)

Feb 21 1910 (FN)

Penman Vs. St. Paul Fire and Marine Ins. Co.

Court : US Supreme Court

Decided on : Feb-21-1910

..... and appliances in daily use in the business of the company. the rules of construction applicable to such a contract of insurance are well settled. the object of the contract is indemnity against the loss by fire of the business plant, or any portion of it, while used and occupied by ..... effective for the protection of the insured. in other words, the contract should be liberally construed in aid of the indemnity which was in contemplation of the parties who made it. w. & a. pipe lines ..... removed to the united states court for the western district of pennsylvania. plaintiff's statement, to use the local name for her pleading, alleged a contract of insurance whereby the insurance company insured, for the term of three years, against direct loss by fire, "a two-story shingle-roofed building, ..... against modification by custom of trade or manufacture or by agents, and are unambiguous, courts cannot admit parol testimony to alter the written words of the contract. northern assurance co. v. grand view building association, 183 u. s. 308 . 151 f. 961, affirmed. the facts, which involve ..... the owners in the manner and for the purposes for which it was designed. if its provisions are susceptible of two or more interpretations, that one should be adopted that will make the contract .....

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Jan 17 1910 (FN)

MankIn Vs. Ludowici-celadon Co.

Court : US Supreme Court

Decided on : Jan-17-1910

..... statute, and the purpose of congress to provide security for payment for labor and material going into the construction of a public building, it was intended thereby to provide indemnity for a person or persons who furnished labor or materials to the subcontractor, thereby enabling the contractor to meet his engagement to supply the material and labor necessary to the ..... himself by requiring a bond securing him against liability on account of engagements of the subcontractor with persons who furnish labor and material upon his order. indeed, the present contract contained, as the record shows, a provision that the general contractor reserved the right to require a full release from all claims for which he had become liable for ..... persons supplying the contractor with labor and materials, and furnishing the affidavit that the same were supplied for the prosecution of such work, shall have a certified copy of the contract and bond for the purposes of the suit. the additional phrase used in this connection, "the person or persons supplying the contractor with labor and materials," it is contended, ..... . the building was completed about july 12, 1906, was accepted by the government, and payment therefor was made to the mankin construction company, in accordance with the terms of the contract. the defendants in error, the ludowici-celadon company, the nelson manufacturing company, and the j. l. mott iron works, respectively, sold and delivered to smythe, the subcontractor, certain materials .....

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Dec 19 1910 (FN)

Title Guaranty and Trust Co. Vs. Crane Co.

Court : US Supreme Court

Decided on : Dec-19-1910

..... omission was only a formal defect. the language of the statute that, after giving the affidavit, the party should be furnished with a certified copy of the contract and bond, "upon which he or they shall have a right of action," etc., may be read as meaning "upon which bond" as easily as ..... built and accepted, and is now in possession of the united states. notwithstanding these facts, it was argued that the statute did not apply to the contract, because the laborers and materials had a lien by the state law, and that, even if the statute applied, they had lost their rights by not ..... work" within the meaning of the words as used. as a preliminary to the answer, it is relevant to mention that, by article 3 of the contract, partial payments are provided for as the "labor and materials furnished" equal certain percentages of the total, and that, by article 4 "the portion of ..... for the plaintiffs, against the surety, in the circuit court of appeals. 163 f. 168. the amended statute requires any person "entering into a formal contract with the united states for the construction of any public building, or the prosecution and completion of any public work, or for repairs upon any public building ..... seal, consideration is presumed; in this case, although the bond was not executed until ten days after execution page 219 u. s. 25 of the contract which it was given to secure, the transactions may be regarded as simultaneous. assignments of claims of materialmen on a public works held in this case not .....

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Dec 12 1910 (FN)

Thompson Vs. Thompson

Court : US Supreme Court

Decided on : Dec-12-1910

..... without his participation or sanction: provided, that no married woman shall have power to make any contract as surety or as guarantor, or as accommodation drawer, acceptor, maker, or indorser." the court below held that these provisions did not authorize an ..... unmarried, and upon judgments recovered against them execution may be issued as if they were unmarried; nor shall any husband be liable upon any contract made by his wife in her own name and upon her own responsibility, nor for any tort committed separately by her out of his presence ..... . reading this section, it is apparent that its purposes, among others, were to enable a married woman to engage in business and to make contracts free from the intervention or control of the husband, and to maintain actions separately for the recovery, security, and protection of her property. at the ..... , without his participation or sanction: provided, that no married woman shall have power to make any contract as surety or guarantor, or as accommodation drawer, acceptor, maker, or indorser." in construing a statute, the courts are to have in mind the ..... were unmarried, and upon judgments recovered against them execution may be issued as if they were unmarried; nor shall any husband be liable upon any contract made by his wife in her own name and upon her own responsibility, nor for any tort committed separately by her out of his presence .....

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Dec 12 1910 (FN)

Griffith Vs. Connecticut

Court : US Supreme Court

Decided on : Dec-12-1910

..... necessities to pay excessive interest for moneys borrowed. nor is the act invalidated by the exception of mortgages." "publicity is one of the best safeguards against the making of unconscionable contracts. under our recording system, it is rare that any bona fide mortgage, either of real or personal property, fails to be promptly spread upon the records of the town in ..... the legal effect, in excluding state legislation on the same subject, of the statutes of the united states which regulate their right to page 218 u. s. 570 make such contracts. the further exception in favor of loans by trust companies chartered by this state was fully justified by the peculiar character of these institutions, each created by a special act ..... the second section of the act. during the course of the trial, the accused, in various forms, assailed the validity of the statute referred to because of repugnancy to the contract clause of the constitution of the united states and to the equal protection clause of the fourteenth amendment. from a judgment imposing a fine as to the conviction upon each ..... made by national and state banks and trust companies and bona fide mortgages on real and personal property: the classification is a reasonable one. the contract clause of the federal constitution does not give validity to contracts that are properly prohibited by statute. if the validity of the particular subject of classification assailed has not been so foreclosed by prior decisions as .....

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Dec 12 1910 (FN)

Hunter Vs. Mutual Reserve Life Ins. Co.

Court : US Supreme Court

Decided on : Dec-12-1910

..... facts in this case are also different from those in the massachusetts cases. defendant did not have "a domicil of business" in the state, nor were the contracts to be performed there. it in good faith withdrew from the state -- withdrew, indeed, under the compulsion of law. we say "under compulsion of law ..... the company continues to do business' in this state, but as long as 'any liability of the company remains outstanding' in this state, and the contract with the state, as expressed in the power of attorney filed by the company, so specifies. no amount of authorities having a more or less fancied ..... might lawfully be brought against a company thus having a domicil of business in this commonwealth." in wilson v. martin-wilson automatic fire alarm co., the contract sued on was made in the state, and was to be performed there. in biggs v. mutual reserve life association, the policy on which the ..... local forum to which, under guise of an assignment to some resident, nonresidents of far distant states might flock for the purpose of instituting litigation upon contracts issued to them at their homes, against a corporation there readily subject to service, and which long before had attempted in good faith to withdraw from ..... of $200 and one of $500, for every day it should do business after the first of june, 1899, were imposed upon it, and no contract it should make or had made could be enforced in the courts of the state. such were the alternatives presented by the craig act. in other words, .....

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Nov 28 1910 (FN)

United States Vs. Ansonia Brass and Copper Co.

Court : US Supreme Court

Decided on : Nov-28-1910

..... assembled, that the secretary of the treasury be, and he hereby is, authorized to make partial payments, from time to time, upon existing contracts and all contracts hereafter made for the construction of vessels for the treasury department, but not in excess of 75 percent of the amount of the value ..... quality." "if the trigg company should fail to begin or prosecute the work in accordance with the specifications, which were made part of the contract, the contract might be annulled by the government. in that case, all payments were to cease, and all money or reserved percentage must page 218 u. ..... in the building of the vessel, who might become entitled, by reason of such claims against the company, to liens upon the property. the contract was made with the virginia corporation, and it was intended that the bond required of the trigg company should protect the government against rights arising ..... lessens the binding force of the clear and distinct provisions of 211 as to ownership. the parties therein dealt with a specific part of the contract, they expressed themselves clearly upon the subject, and it is not to be presumed, in the absence of clear expression or necessary implication, that ..... trigg company should be responsible for and pay all liabilities incurred in the prosecution of the work for labor and materials." "section 9 of the contract was as follows:" " it is further agreed by and between the parties hereto that, until final inspection and acceptance of, and payment for, all .....

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Nov 28 1910 (FN)

Western Union Tel. Co. Vs. Commercial Milling Co.

Court : US Supreme Court

Decided on : Nov-28-1910

..... of the equal protection of the laws. this is sought to be sustained on the ground that express companies and other common carriers may by contract limit their liability. the argument to sustain the contention is in effect that which we have considered. if an unjust discrimination is intended to be ..... of that state; it was disregarded in pennsylvania, where the act of negligence occurred, and the law of the latter enforced. in this case, the contract limiting liability was made in michigan, the negligent act occurred in another state, and yet the limitation, it is insisted, is void. in other ..... commerce, that it was valid at common law, and that the statute of iowa was void and unconstitutional, "as being an attempt to regulate and limit contracts relating to interstate commerce." the contentions were rejected. the court said (p. 169 u. s. 137 ): page 218 u. s. 418 "railroad corporations ..... defendant within and without this state for a single charge." the service was not performed, and for the breach of the common law and contract duty the milling company has brought suit, it was said, and that the telegraph company seeks to avoid liability by the stipulation on the ..... company moved for a new trial, repeating the propositions expressed in the instructions, and added the further ground that the statute, when construed as prohibiting contracts between persons sui juris, is in violation of the fourteenth amendment to the constitution of the united states. judgment was entered on the verdict, .....

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Nov 28 1910 (FN)

National Bank of Commerce Vs. Downie

Court : US Supreme Court

Decided on : Nov-28-1910

..... thereon. in giving that lien from the outset, before the allowance of the claim, and before any services had been rendered by the attorney, the contract, in effect, gave him an interest or share in the claim itself, and in any evidence of indebtedness issued by the government on account of ..... regard be had to the words as well as to the meaning of the statute, as declared in former cases, it would seem clear that the contract in question was, in some important particulars, null and void upon its face. we have in mind that clause making the payment of the attorney's ..... said loans, and without notice to the other creditors of said bankrupts. that all of such assignments were made after the entering into of said contracts, and after partial performance thereof by said bankrupts, before the allowance of any such claims or the ascertainment of the amount due thereon, or ..... so assigned [to the banks named], were claims for money due from the government of the united states to the said bankrupts upon account of contracts entered into between said bankrupts and the united states for the furnishing of materials by said bankrupts to various departments of said government; that said ..... unallowed claims and all voluntary assignments thereof, including assignments made in good faith, as security for advances in course of business, of undisputed claims on contracts being performed by the assignor, and held that assignments of such claims so made by a bankrupt are null and void not only as against the .....

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Nov 28 1910 (FN)

Hooe Vs. United States

Court : US Supreme Court

Decided on : Nov-28-1910

..... we look at the jurisdiction of the court below in respect either of claims alleged to be founded upon the constitution or to arise from contract, the plaintiffs cannot maintain this suit against the government; for they have received the entire sums which congress appropriated to be paid out of the ..... 335 but it is contended by the plaintiffs that their right to recover does not depend upon contract, expressed or implied, but upon the duty, expressly imposed by the constitution, to make just compensation for private property taken for public use. in support ..... congress for rent. the conclusion necessarily follows that the government cannot, in this case, be made liable to suit, either under an express or implied contract, to pay for the use of plaintiffs' property any amount in excess of the sums appropriated by congress for that purpose. page 218 u. s. ..... from the treasury in pursuance of an appropriation. the statutes above referred to make it plain that the secretary was without power to make any express contract for rent in excess of the appropriation made by congress, particularly where, as here, congress had taken care to say, in respect of each ..... or transportation, which, however, shall not exceed the necessities of the current year." an act of congress of june 22d, 1874, provided that "hereafter no contract shall be made for the rent of any building or part of any building in washington, not now in use by the government, to be used for .....

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