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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1913 Page 1 of about 72 results (0.055 seconds)

Dec 15 1913 (FN)

New York Life Ins. Co. Vs. Deer Lodge County

Court : US Supreme Court

Decided on : Dec-15-1913

..... answer the question, and it would rack ingenuity to attempt to vary its expression or more aptly illustrate it. a policy of insurance, the cases declare, is a personal contract, a mere indemnity, for a consideration, against the happening of some contingent event which may bring detriment to life or property, and its character is the same no matter what the event ..... of the business done. "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 barter ..... taken on essentially a national and international character, and that, when paul v. virginia was decided, the business was "to a great extent local -- that is, conducted through the domestic contracts by stock companies. the great and commanding organizations of the present day had hardly begun the amazing developments which have made them page 231 u. s. 508 the greatest associations ..... , collect the first premium, and deliver the policy, which is prepared and transmitted from the home office to him for such purpose. the company also employs an agency director by contract in writing directly with the home office through the mails, who supervises the work of soliciting agents and recommends those who desire to become such. the company also employs medical .....

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Feb 24 1913 (FN)

Supreme Ruling of Fraternal Mystic Circle Vs. Snyder

Court : US Supreme Court

Decided on : Feb-24-1913

..... the enforcement of the contract. neither the contract nor the existing law which entered into it contemplated contests promoted in bad faith, or justified the infliction of loss by such means. ..... , which is not to exceed twenty-five percent of the liability on the policy. it cannot be said that this effort to give indemnity for the injuries which would be sustained through perverse methods and through an abuse of the privileges accorded to honest litigants imposed a burden upon ..... where none would otherwise exist, or to deprive the company of any defense it might have. if the company is not liable according to its contract, it is not required to pay. nor does the statute permit a recovery of expenses or added damages as a mere consequence of success in ..... addition to the recovery of attorneys' fees or damages, or penalties, the question arose under the fourteenth amendment, and that, so far as they applied to suits upon contracts, the latter had been made after the enactments. atchison, t. & s.f. r. co. v. matthews, 174 u. s. 96 ; fidelity mutual life ..... out this writ of error. 122 tenn. 248. the sole federal question for decision is whether the above-mentioned statute, as applied, impaired the obligation of the contract in suit, and thus violated art. i, 10 of the constitution of the united states. the act in question provides: "section 1. . . . that .....

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Jan 07 1913 (FN)

Houghton Vs. Burden

Court : US Supreme Court

Decided on : Jan-07-1913

..... of one percent per month upon the amount of the uncollected accounts at the end of each month was agreed upon. thereupon the contract in question was executed, a bond of indemnity was given to burden, and something like 100 accounts, aggregating about $14,000, were duly assigned, upon which an advance of ..... per month upon whatever part of the advance shall remain uncollected on the said accounts, and for the period that the same shall remain uncollected." the indemnity bond, styled an "assigned accounts bond," is in the usual form, and is undoubtedly a device resorted to, to enable merchants to use book ..... agree upon the position burden desired. some weeks later, the negotiations were resumed, the broker saying that he might get additional security through an indemnity bond, by which the validity of the book accounts which were agreed to be assigned might be guaranteed as well as the payment of collections ..... is to act as agent for the lender in their collection, providing that the lender shall, in pursuance of a provision in a bond of indemnity given by third parties, examine the accounts and books of the borrower monthly and receive a compensation therefor equivalent to a specified percent of the ..... $10,000 was made. the contract is elaborate, and too lengthy to be set out page 228 u. s. 167 in full. in substance, .....

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Mar 10 1913 (FN)

Kansas City Southern Ry. Co. Vs. Carl

Court : US Supreme Court

Decided on : Mar-10-1913

..... of the articles before receiving them. if the shipper is guilty of fraud or imposition by misrepresenting the nature or value of the articles, he destroys his claim to indemnity, because he has attempted to deprive the carrier of the right to be compensated in proportion to the value of the articles and the consequent risk assumed, and what ..... the purpose of congress to bring contracts for interstate shipments under on uniform rule or law, and therefore withdraw them from the influence of state regulation. adams express co. v. croninger, above cited. every such ..... valuation agreed upon for the purpose of determining which of two alternative lawful rates shall apply to a particular shipment. but it is said that, upon the face of the contract of limitation here involved, it is an exemption from liability for negligence forbidden by the carmack amendment, and that the judgment should therefore be affirmed. that amendment undoubtedly manifested ..... valuation agreed upon for the purpose of determining which of two alternative lawful rates shall apply to a particular shipment. the carmack amendment manifested the purpose of congress to bring contracts for interstate shipments under one uniform rule or law, and therefore withdraw them from the influence of state regulation. adams express co. v. croninger, 226 u. s. 491 . .....

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Dec 22 1913 (FN)

Aetna Life Ins. Co. Vs. Moore

Court : US Supreme Court

Decided on : Dec-22-1913

..... whether such insurance has been applied for and refused, are material facts, at least when statements regarding them are required by the insurers as part of the basis of the contract. . . . where an answer of the applicant to a direct question of the insurers purports to be a complete answer to the question, any substantial misstatement or omission in the answer ..... cars. it is not necessary to give at length the charges requested. they embrace the propositions (1) that the application and its statements, warranties, and covenants became part of the contract of insurance, and that any variation from them whereby the nature, extent, or character of the risk was changed would affect the policy, whether the statements were made by the ..... statements, answers, and warranties contained in or indorsed page 231 u. s. 548 upon the application for this policy, which application is copied herein and made a part of this contract, and in further consideration of the annual premium . . . hereby insures the life of john a. salgue . . ." "this policy is issued and accepted subject to the conditions, provisions, and benefits printed ..... matters, although declared to be warranties, do not void a policy even though the policy declares them to be such, and that, under the code, the parties themselves could not contract to make immaterial matter material. in order for an insurance company, defending on the ground of false statements in the application, to have a verdict directed, it must establish that .....

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Dec 15 1913 (FN)

Ludvigh Vs. American Woolen Co.

Court : US Supreme Court

Decided on : Dec-15-1913

..... done through the fraudulent conduct of philip horowitz, in violation of the agreement and the purpose of the parties. we are unable to find that this contract was either actually or constructively fraudulent, and hold, as was found in the circuit court of appeals, that it was what it purported to be ..... difference between the price of the merchandise as invoiced to the niagara company, and the price at which it was sold. in 5 of the contract, the niagara company guaranteed the payment of bills and accounts and agreed, in case any merchandise delivered was not accounted for under the provisions of ..... by it and depositing them in his personal account, such funds were deposited in the bank account of the niagara company. an amendment to this contract extending it for another year and changing it in respect to discounts, requiring the niagara company to make monthly accounts of sales, giving to ..... was restricted to the city of elmira, new york, and the state of montana in doing a merchandise business other than as provided in the contract. the niagara company agreed to execute such other documents as the woolen company deemed advisable to carry out the agreement, and the woolen company had ..... corporation was formed under the name and style of the niagara woolen company (which we will designate the "niagara company"), for the purpose of contracting and dealing with the woolen company and of dealing in fabrics received therefrom. one hundred and ninety-five of the two hundred shares of the .....

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Dec 08 1913 (FN)

Graham Vs. United States

Court : US Supreme Court

Decided on : Dec-08-1913

..... there was evidence warranting a finding, and the measure followed the contract, and was correct. united states v. mcmullen, 222 u. s. 460 , 222 u. s. 471 . a superfluous number of prayers was submitted ..... and necessary cost to the plaintiff for transporting, cutting, and delivering the granite mentioned in this case . . . and the amount specified in the contract" to be paid to graham. there was some cavil at the phrase "granite mentioned in this case," but obviously it meant the granite in controversy. ..... modifications. the modifications were exhibited in letters, but perhaps it is unnecessary to consider how far a surety whose undertaking extends to modifications of the principal contract is concerned with the form in which they are made. the surety was not discharged. united states v. mcmullen, 222 u. s. 460 , ..... states. on march 7, 1908, after the time fixed for the completion of the work, graham discharged his workmen and stopped work, the contract not having been performed. on march 11, the superintendent wrote to him, saying that he had heard that graham apparently had stopped work indefinitely, ..... between the reasonable and necessary cost to it for transporting, cutting, and delivering the granite mentioned in the case and the amount specified in the contract held to have referred simply to the granite actually in controversy, and, there page 231 u. s. 475 being evidence in the case .....

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Dec 08 1913 (FN)

Chavez Vs. Bergere

Court : US Supreme Court

Decided on : Dec-08-1913

..... 231 u. s. 487 although containing some words adapted to a present transfer, the instrument, taken in its entirety, shows that it was a mere contract to convey upon the contingency specified, with a provision investing the prospective vendees with the right of possession in the meantime. had a present conveyance been intended ..... of which it is claimed they have a bearing. the territorial courts held that the agreement of 1878 was not a conveyance, but an executory contract for a conveyance in the event, and only in the event, of the favorable adjudication and approval of the bartolom y baca grant; that this ..... plaintiff are estopped from calling in question the title of the latter. 1 n.m. 352 affirmed. the facts, which involve the construction of a contract for sale of an unconfirmed mexican grant and the relative rights of the parties thereto, are stated in the opinion. page 231 u. s. 483 ..... so held that approval by the surveyor general of a mexican grant referred to the approval of the grant by the proper authority. where a contract to purchase under which the vendee is in possession is terminated by an event which renders it impossible for the vendee to complete, his continued possession ..... territory of new mexico syllabus although containing some words adapted to a present transfer, if the instrument, taken in its entirety, shows that it was a mere contract to convey upon a specified contingency, it will be construed as such, and not as a conveyance. williams v. paine, 169 u. s. 55 .....

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Dec 01 1913 (FN)

Delaware, Lackawanna and Western R. Co. Vs. United States

Court : US Supreme Court

Decided on : Dec-01-1913

..... buffalo, but that the railroad company might rescind if, on later inspection, the quality was found to be different from what had been described in the contract of sale. but, after such delivery and before such rescission, the title was in the railroad company. allen v. maury, 66 ala. 10; burrows ..... a departure from the published tariff, contrary to the provisions of the act to regulate commerce. no such offense, however, was committed, for the contract, both by its terms and in the light of the conduct of the parties, meant that the title should pass when delivery was accepted by ..... use of the ambiguous phrase, "pay after inspection and acceptance," and no such construction should be given unless demanded by the explicit terms of the contract. the parties, by their conduct, showed that they did not understand that the hay remained the property of the seller after it had been delivered ..... these facts the defendant insists that the title did not pass until after acceptance, and many authorities are cited to support the proposition that, in a contract for the sale of personal property, not only delivery by the page 231 u. s. 372 seller, but acceptance by the buyer is necessary for ..... of the twenty counts. it brought the case here insisting that the commodity clause violated the fifth amendment, deprived the company of a right to contract, and prevented it from carrying its own property needed in a legitimate intrastate business conducted under authority of a charter granted by the state of .....

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Dec 01 1913 (FN)

Vicksburg Vs. Henson

Court : US Supreme Court

Decided on : Dec-01-1913

..... see no reason why the city might not, if it so determined, make preparation for water supply to its own citizens which would be available upon the expiration of the contract, the contract accomplishing that purpose until, by its terms, it had expired. to appropriately accomplish this required time, and we think the city was within its rights, not being obligated ..... by said legislative act and said resolution and said election of 1900, in competition with you orator against its own contract." "the premises considered, your orator prays that this honorable court will enjoin the defendant from issuing and selling said bonds for the purpose of building and constructing waterworks of its ..... or acquiring and operating a system of waterworks in competition with your orator's waterworks." the amended and supplemental bill read, in part, as follows: "therefore said city, by its contract and ordinance with s. r. bullock & company and assigns, are precluded from issuing and selling bonds to build, construct, maintain, and operate a waterworks of its own, as provided ..... citizenship. but it appears that, when the amended and supplemental bill was filed, there were added to the ground of original jurisdiction allegations concerning the proper construction of the contract rights of the receiver, which attacked the proposed action of the city on the ground that it would be destructive of constitutional rights. we think those allegations brought into the .....

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