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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1911 Page 1 of about 38 results (0.057 seconds)

Dec 04 1911 (FN)

Grigsby Vs. Russell

Court : US Supreme Court

Decided on : Dec-04-1911

..... to deny the right to sell except to persons having such an interest is to diminish appreciably the value of the contract in the owner's hands. the collateral difficulty that arose from regarding life insurance as a contract of indemnity only ( godsall v. boldero, 9 east 72), long has disappeared ( phoenix mutual life ins. co. v. ..... had become void by the failure of burchard to pay the third premium ad diem, and that, when grigsby paid, he was making a new contract. but a condition in a policy that it shall be void if premiums are not paid when due means only that it shall be voidable at ..... interest in the life insured is the public policy that refuses to allow insurance to be taken out by such persons in the first place. a contract of insurance upon a life in which the insured has no interest is a pure wager that gives the insured a sinister counter-interest in having ..... fire & marine ins. co., 135 mass. 248. the company waived the breach, if there was one, and the original contract with burchard remained on foot. no question as to the character of that contract is before us. it has been performed and the money is in court. but, this being so, not only does the objection ..... bailey, 13 wall. 616). and cases in which a person having an interest lends himself to one without any, as a cloak to what is in its inception a wager have no similarity to those where an honest contract .....

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Feb 20 1911 (FN)

Chicago, Burlington and Quincy R. Co. Vs. Mcguire

Court : US Supreme Court

Decided on : Feb-20-1911

..... agreements of absolute waiver. the policy of the amendatory act was the same as that page 219 u. s. 572 of the original statute. its provision that contracts of insurance relief, benefit, or indemnity, and the acceptance of such benefits, should not defeat recovery under the statute, was incidental to the regulation it was intended to enforce. assuming the right ..... use and operation of any railway on or about which they shall be employed, and no contract which restricts such liability shall be legal or binding." the amendment of 1898 added the following provision: "nor shall any contract of insurance relief, benefit or indemnity in case of injury or death entered into prior to the injury between the person so injured ..... contract for insurance relief should limit the liability for damages, upon what ground can it be said that it was beyond the legislative ..... of enforcement, the authority to enact this inhibition cannot be denied. if the legislature had the power to prohibit contracts limiting the liability imposed, it certainly could include in the prohibition stipulations of that sort in contracts of insurance relief, benefit or indemnity, as well as in other agreements. but if the legislature could specifically provide that no .....

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Nov 20 1911 (FN)

Hussey Vs. United States

Court : US Supreme Court

Decided on : Nov-20-1911

..... to be dismissed, and he, as executor and individually with curtis, was released "from all claims, debts, dues, or demands due . . . by reason of the contract or under said will, or any other matter or thing." the date of this receipt was july, 1855. this and the other transactions were, we repeat, contemporaneous with ..... was private, without authority therefor from the probate court, and was made for the joint benefit of perry and curtis "as copartners in interest in the contract for the sale of the premises known as the "united states assay office," and the conversion of the same into a branch mint," and was made to ..... by such partners of the lot, the building thereon, and of the machinery, tools, and fixtures in the building then used for assaying purposes; that the contract and its execution by curtis were for the benefit of the partnership. it also alleged the appraisement of the lot and tools and fixtures, respectively at $40,000 ..... (in 1852) for the establishment of a branch mint in the state of california, and for that purpose authorized the secretary of the treasury to make a contract for the erection of a building and procuring the necessary machinery at a sum not exceeding $300,000. the secretary of the treasury, in execution of the ..... make. he then might have been able to defend against it, and the united states, against the consequence of the disavowal, could have sought indemnity against perry and curtis. she must be deemed to have ratified the sale. judgment affirmed. .....

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Apr 03 1911 (FN)

Vilas Vs. Manila

Court : US Supreme Court

Decided on : Apr-03-1911

..... case: "the state's plenary power over its municipal corporations to change their organization, to modify their method of internal government, or to abolish them altogether, is not restricted by contracts entered into by the municipality with its creditors or with private parties. an absolute repeal of a municipal charter is therefor effectual so far as it abolishes the old corporate ..... clause, and provides for the repeal of "all acts, orders, and regulations" which are inconsistent with the provisions of the act. the charter contains no reference to the obligations or contracts of the old city. if we understand the argument against the liability here asserted, it proceeds mainly upon the theory that, inasmuch as the predecessor of the present city, the ..... by a mere change of sovereignty is obviously one which is without a shadow of moral force, and, if true, must result from settled principles of rigid law. while the contracts from which the claims in suit resulted were in progress, war between the united page 220 u. s. 354 states and spain ensued. on august 13, 1898, the city was ..... no evidence that the credit was given to the carriedo fund so held in trust under the will of carriedo. the contract was made with the ayuntamiento of manila, just as all other contracts for city supplies or works were made. the contract not having been made with special reference to the liability of the fund held in trust by the city, but .....

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Dec 11 1911 (FN)

Mutual Loan Co. Vs. Martell

Court : US Supreme Court

Decided on : Dec-11-1911

..... there must be a clear case of abuse of power. see chicago, burlington & quincy r. co. v. mcguire, 219 u. s. 549 , where the right of contract and its limitation by the legislature are fully discussed. (2) this contention attacks 6 of the statute, which exempts from its provisions certain banks, banking institutions, and loan ..... to question that power. see arnett v. reade, 220 u. s. 311 . but if we consider the massachusetts statute strictly as a limitation upon the power of contract, it still must be held valid. a statute not unlike it came before this court in knoxville iron co. v. harbison, 183 u. s. 13 . it ..... bank commissioner, and certain loan companies, are exempt from the provisions of the act. (section 6.) page 222 u. s. 232 the action is in contract on two promissory notes given by two different persons, with an assignment by each of wages to be earned in the future in the defendant's service (defendant ..... property, its devolution and transfer. arnett v. reade, 220 u. s. 311 . there are many legal restrictions that may be placed by a state on the liberty of contract, and this court will not interfere except in a clear case of abuse of power. chicago, burlington & quincy r. co. v. mcguire, 219 u. s. 549 ..... evidence of indebtedness issued by employers in payment of wages due to employees. it was assailed as an arbitrary interference with the right of contract. it was sustained as a proper exercise of the power of the state. page 222 u. s. 235 there must, indeed, be a certain freedom .....

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Dec 11 1911 (FN)

Union Pacific R. Co. Vs. Mason City Andc.; R. Co.

Court : US Supreme Court

Decided on : Dec-11-1911

..... s. 247 simply relieving the court of the work of settling minor matters, such as method of use, compensation therefor, and matter of control. indeed, the alleged invalidity of the contracts was rested largely on the scope of the statutes, and the duties to the government and the public imposed thereby on the railroad company." to the contention that the statutes ..... pacific company reserving the right to admit any other company to the joint use and possession of the same tracks and property upon substantially the same terms. performance of the contract was entered into. subsequently a change of management of the pacific company took place, and that company forcibly prevented the rock island company and the st. paul company from ..... south omaha, with the tracks of the union pacific railroad company, hereinbefore described, each and all, to the same extent and upon the same terms and conditions stated in the contracts between the union pacific railroad company and the chicago & northwestern railway company, the chicago, milwaukee & st. paul railway company, and the chicago, rock island & pacific railway company, as appears by ..... has the right to deliver cars to appellee's property, or take them from it to connecting carriers, as it does, it is contended, for all other railroads, according to contracts which have obtained for many years. the circuit court decided that the decree gave the use contended for by the appellee, and adjudged appellants guilty of contempt for obstructing such .....

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Dec 11 1911 (FN)

United States Vs. Garbish

Court : US Supreme Court

Decided on : Dec-11-1911

..... . s. 256 -257. and, besides, the extraordinary emergency which relieves from the act is not one that is contemplated and inheres necessarily in the work. united states v. sheridan-kirk contract co., 149 f. 809. it is a special occurrence, and the phrase used emphasizes this. it is not an emergency simply which is expressed by it, something merely sudden and .....

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Dec 04 1911 (FN)

United States Vs. Congress Construction Co.

Court : US Supreme Court

Decided on : Dec-04-1911

..... or some of them, are inhabitants of another district, there is an insuperable barrier to the maintenance of the action in the district wherein the contract was to be performed. but this supposition is a mistaken one, for the provision restricting the place of suit operates pro tanto to displace ..... and the correctness of that answer turns upon the nature of the action and the provisions of the statute. according to the declaration, the contract for the construction of the building had been satisfactorily performed, full payment therefor had been made to the contractor, the conditions of the bond had ..... , conformably to which the bond was given, power to entertain the action was vested exclusively in the circuit court of the district wherein the contract was to be performed. the pleas were sustained and the action dismissed for want of jurisdiction, whereupon this direct writ of error was sued out ..... of the district whereof the defendants were inhabitants, which, as appeared on the face of the declaration, was not the district in which the contract was to be performed. the subcontractors intervened and asked to have their claims adjudicated and judgment rendered thereon. the principal in the bond did not ..... 13, 1894, c. 280, 28 stat. 278, as amended february 24, 1905, c. 778, 33 stat. 811, for the performance of a contract for the construction of a public building, and containing the required additional condition relating to the payment of claims for labor and materials. as stated in the .....

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Dec 04 1911 (FN)

Ripley Vs. United States

Court : US Supreme Court

Decided on : Dec-04-1911

..... of the court. ripley recovered the sum of alleged losses occasioned by the delay consequent on the refusal of the inspector in charge of certain jetty work, being performed under contract with the united states in aransas pass, texas, to permit the placing of certain crest blocks on the foundation intended to receive them. both the united states and ripley appealed ..... decided december 4, 1911 222 u.s. 144 appeals from the court of claims on return to mandate directing additional findings syllabus where the right of one claiming under a contract with the united states depends on whether the government inspector acted in good or in bad faith in refusing to allow the work to proceed, the findings of the court .....

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Nov 20 1911 (FN)

Richardson Vs. Harmon

Court : US Supreme Court

Decided on : Nov-20-1911

..... the master and crew, whether the liability be strictly maritime or from a tort nonmaritime, but leaves him liable for his own fault, neglect, and contracts. if thus the owner's liability for a tort permitted or incurred through the master or crew, although nonmaritime because due to a collision between the ..... same public policy is declared to be the motive of the act of which this section is a part. true, a liability may arise out of a contract as well as from a tort. but a liability ex contractu is included ex vi termini, and the addition of the words "and liabilities" page 222 ..... at all, throws little or no light as to the meaning which was supposed to be attached to liabilities, as distinguished from claims arising out of contract. there does appear, however, a broad general purpose to put a shipowner in the status of one whose risk on account of obligations arising from the ..... incurred without his knowledge or privity, is given the benefit of the provision. that it was intended to limit the owner's liability in respect of debts contracted on account of the ship is plain. but if that was the only purpose, why add the significant words, "and liabilities?" the limited liability act, ..... the master and crew, whether the liability be strictly maritime or from a tort nonmaritime, but leaves them liable for their own faults, neglect, and contracts. the owners of a vessel colliding by its own fault with a structure on land can limit their liability for the damages done to their interest in .....

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