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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1920 Page 1 of about 39 results (0.055 seconds)

Dec 20 1920 (FN)

Thornton Vs. Duffy

Court : US Supreme Court

Decided on : Dec-20-1920

..... course of their employment." this was an alternative granted, and its conditions were fulfilled, it was contended, and that, upon the faith of the fulfillment of it and in indemnity against contingencies, plaintiff entered into a contract of insurance with the aetna company. it was further contended that the alternative and the insurance against its requirements became property, and inviolable; became ..... who indemnified themselves by insurance. this was considered necessary to execute the policy of the state, and we are unable to yield to the contention that property rights or contract rights had accrued against it. to assert that the first steps of a policy make it immutable is to assert that imperfections and errors in legislation become constitutional rights. ..... to injured employees, or the dependents of killed employees, the compensation and benefits provided for in 1465-41a to 1465-106, general code of ohio, if such employers, by contract or otherwise, shall provide for the insurance of the payment by them of such compensation and benefits, or shall indemnify themselves against loss sustained by the direct payment thereof. the ..... to enforce a legitimate public policy includes the right to change and improve its regulations for that purpose, even to the making of changes which conflict with the arrangements and contracts made by individuals in reliance on previous regulations. p. 254 u. s. 369 . 3. the state of ohio, in carrying out its policy of workmen's compensation ( see .....

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Nov 08 1920 (FN)

Troy Union R. Co. Vs. Mealy

Court : US Supreme Court

Decided on : Nov-08-1920

..... the amount of the city taxes for any valuation exceeding said present stock. the above mentioned mortgage was executed, the four roads gave the city their covenant of indemnity, and page 254 u. s. 49 thereafter, on june 24, 1853, the desired act of the legislature was passed. laws of 1853, c. 462. ..... county of renesselaer, the property of the troy union railroad company shall be estimated and assessed (as the common council of said city of troy, by its contract with said company, . . . agreed that the same should be) at the amount of the capital stock of said company, and no more." the above ..... irrevocable, as shown in a later contract, and a power reserved by the state constitution to alter or repeal general or special laws for the formation of corporations. p. 254 u. s. ..... that this was in accord with the city's agreement might properly be construed by the state courts as creating a repealable privilege, rather than a contract right to the exemption, in view of the general attitude of the courts against tax exemptions, the parties' own opinion that the grant was not ..... of new york syllabus in determining whether an exemption from taxes granted by a state to a local corporation was merely a privilege or amounted to a contract right protected against impairment by the federal constitution, this court inclines to follow the decision of the state tribunals. p. 254 u. s. 49 . .....

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Apr 19 1920 (FN)

Munday Vs. WisconsIn Trust Co.

Court : US Supreme Court

Decided on : Apr-19-1920

..... corporations, corporations or associations created solely for religious or charitable purposes, insurance companies and fraternal or beneficiary corporations, societies, orders and associations furnishing life or casualty insurance or indemnity upon the mutual or assessment plan, shall transact business or acquire, hold, or dispose of property in this state until such corporation shall have caused to be filed in ..... , and the title so acquired or attempted to be acquired is hereby confirmed." plaintiffs in error unsuccessfully challenged the validity of 1770b upon the ground of conflict with the contract clause, 10, article i, of the federal constitution and the due process clause of the fourteenth amendment. they further insisted that if 1770j as amended by c. 211 ..... charter, articles of association or incorporation and all amendments thereto duly certified by the secretary of state of the state wherein the corporation was organized. . . ." "10. every contract made by or on behalf of any such foreign corporation, affecting the personal liability thereof or relating to property within this state, before it shall have complied with the provisions ..... by sister-state corporations before they have filed their articles with the local secretary of state shall be wholly void on behalf of them or their assigns violates neither the contract clause nor the due process clause of the fourteenth amendment. p. 252 u. s. 503 . the power of the state to exact such conditions of outside corporations .....

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Apr 19 1920 (FN)

Penn Mutual Life Ins. Co. Vs. Lederer

Court : US Supreme Court

Decided on : Apr-19-1920

..... dividends which the deduction clause says, in effect, shall not be deducted are the very dividends here in question -- that is, dividends "on policy and annuity contracts." none such may be deducted by any insurance company except as expressly provided for in the act, in clauses quoted above, (a), (b), and (c ..... the deduction clause (d) above. the deduction there prescribed is of "the sums other than dividends paid within the year on policy and annuity contracts." this is tantamount to a direction that dividends shall not be deducted. it was argued that the dividends there referred to are "commercial" dividends ..... policy, wherein the policyholder has no further premium payments to make. such payments having been duly met, the policy has become at once a contract of insurance and of investment. the holder participates in the profits and income of the invested funds of the company." on writ of error ..... of insurance companies was also to be ascertained by deducting from gross income "sums other than dividends, paid within the year on policy and renewal contracts," but there was in that act no noninclusion clause whatsoever. the question arose whether the provision in the act of 1913 identical with (c) ..... such year," and that "there be deducted from gross income . . . the sums other than dividends paid within the year on policy and annuity contracts." held that money derived by a mutual company from redundancy of premiums paid in previous year, and paid to policyholders during the tax year as .....

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Jan 05 1920 (FN)

Winchester Vs. Winchester Water Works Co.

Court : US Supreme Court

Decided on : Jan-05-1920

..... powers herein granted, shall have power within the city:" " * * * *" "(8) to provide the city with water, or erect, purchase, or lease waterworks and maintain same, or to make all necessary contracts with any person or corporation for such purposes; to erect hydrants, cisterns, fire plugs and pumps in the streets within or beyond the limit of the city." " * * * *" "(30) the board ..... for water consumers. as to cities of that class, 3290 of the kentucky statutes specifically provides authority to provide the city and inhabitants thereof with water, light, etc., service by contract or by works of its own, and to make regulations for the management thereof, and to fix and regulate the price to consumers and customers. dealing with that section, and ..... the confiscatory character of the rates. the bill invoked jurisdiction upon a constitutional ground, and the case was brought here by direct appeal. it appears that the company had a contract with the city, which expired in 1916, and thereafter the ordinance in controversy was passed. that a city has no power to regulate rates of this character unless it has ..... city. the company proposed to sell gas to the inhabitants of the city at 20 cents per thousand feet if they would sign a contract for five years, but it charged persons who did not sign such a contract 25 cents a thousand feet. the city council passed an ordinance providing that a gas company should not charge one citizen more than .....

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Dec 06 1920 (FN)

Chicago, M. and St. P. Ry. Co. Vs. Des Moines Union Ry. Co.

Court : US Supreme Court

Decided on : Dec-06-1920

..... u. s. 226 for the use of said property or parts thereof." in the course of time, the terminal company received not only payments from outside railroad companies under contracts technically for participation in the use of the terminal property, which have been credited to complainants and their predecessors according to their wheelage, but, in addition, substantial sums from ..... was not conferred. in support of the contention that the terminal property was not subject to any trust either before or after the amendments, defendants cite a series of contracts in which the terminal company asserted its ownership without qualification, and of conveyances, mortgages, etc., by the proprietary companies recognizing the legal title of the terminal company to ..... inconsistencies and ambiguities resolved accordingly. the provision of the articles that "all the powers exercised by this company shall be in accordance with the terms and spirit of the aforesaid contract" is not merely contractual, but amounts to a declaration of trust, and, together with the other evidence, shows clearly that the powers were procured from the state expressly ..... were to be referred to arbitration. the terminal company was organized by representatives of the three companies under articles of incorporation dated december 10, 1884, which recited the 1882 contract in full, with special emphasis upon the provision that a page 254 u. s. 204 depot company might be organized to take permanent charge of the property, and declared .....

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Dec 06 1920 (FN)

Thames Towboat Co. Vs. the Francis Mcdonald

Court : US Supreme Court

Decided on : Dec-06-1920

..... s.s. co. v. hall bros. marine co., 249 u. s. 119 , 249 u. s. 125 . notwithstanding possible and once not inappropriate criticism, the doctrine is now firmly established that contracts to construct entirely new ships are nonmaritime because not nearly enough related to any rights and duties pertaining to commerce and navigation. it is said that in no proper sense ..... within the admiralty and maritime jurisdiction? the district court thought not, and so do we. under decisions of this court, the settled rule is that a contract for the complete construction of a ship or supplying materials therefor is nonmaritime, and not within the admiralty jurisdiction. people's ferry co. v. beers, 20 how. 393; roach ..... was not "in condition to carry on any service." appellant worked on her for six weeks, and thirty or forty more days were required to finish her. was appellant's contract to furnish the materials, work, and labor for her completion, made after the schooner was launched, but while yet not sufficiently advanced to discharge the functions for which intended, ..... to recover for supplies furnished and repairs made to the schooner francis mcdonald, appellant libeled the vessel in united states district court, southern district of new york. under a definite contract, the palmer shipbuilding company began construction of the schooner at groton, connecticut, and launched the hull. that company found itself unable to proceed further; thereupon appellant agreed with the .....

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Dec 06 1920 (FN)

Haupt Vs. United States

Court : US Supreme Court

Decided on : Dec-06-1920

..... thus making the project one of two jetties, instead of the single jetty of appellant's plan. in 1907, congress appropriated $200,000 and authorized contracts for the additional amount of $290,000 for improving the pass "in accordance with the plans submitted in its report of december 22, 1906, by ..... appellant suggested amendments, which were adopted. among other things done under this contract was the removal of a considerable part of the mansfield jetty, which the appellant had claimed so affected the action of the currents as to ..... full and fair trial, for, it should be noted, as yet it had never been reduced to actual practice. plans and specifications for the contract under this second appropriation were drawn by the government engineer in charge, and were by him submitted to the arasnas pass harbor company, and the ..... was thus before congress, appellant brought his plan for dealing with the problem to the attention of the committee, and proposed to enter into a contract to construct and maintain the desired channel for a much less sum of money than the estimated cost of the work recommended by the war ..... jetties, which, with dredging, resulted in the creating of the arasnas pass channel in 1912. the court of claims dismissed the petition, holding that no contract, express or implied, with the united states was shown for the use of appellant's patented invention, and that it was therefore without jurisdiction. a .....

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Nov 22 1920 (FN)

international Bridge Co. Vs. New York

Court : US Supreme Court

Decided on : Nov-22-1920

..... us that it would be quibbling with the rational understanding of the duty assumed to say that the company could have supposed that it had a contract or property right to confine its building of the footpath and carriage-way to the canada side of the boundary line. the new york legislature, ..... investment would not yield a reasonable return. the first objections to the new requirement made by the state are that it impairs the obligation of the contract in the original charter and takes the company's property without due process of law. the argument is based partly upon a reduction of the ..... such requirement was not inconsistent with the contract clause of the constitution, nor, in the absence of anything to show that the additions would not yield a reasonable return, could it be held ..... the acts of consolidation bound the new company to all the duties of each of its constituents. held: that the new company had no charter contract immunity from being required to add the foot and carriage ways in new york under power reserved by the state to amend the charter, and that ..... whether a distinct and independent provision, reducing the tolls chargeable for vehicles and pedestrians below the limits fixed in the charter, impairs the obligation of the charter contract, since the invalidity of the toll reductions would not affect the requirement to build the additions. p. 254 u. s. 130 . 2. under acts .....

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Nov 15 1920 (FN)

Northwestern Mut. Life Ins. Co. Vs. Johnson

Court : US Supreme Court

Decided on : Nov-15-1920

..... the effect of express undertakings which, as we have said, depends upon the policy of the state. the certificates do not disclose in what states these contracts were made, but it is not necessary to postpone our answer on that account. it appears from whitfield v. aetna life insurance co., supra, that ..... to his estate and expressly covering suicide committed by him when sane would be against public policy. the point decided was only that, when the contract was silent, there was an implied exception of such a death. there was evidence that the insurance was taken out with intent to commit suicide, ..... the insurer from denying liability in this case, it not appearing that johnson was insane when he killed himself. the second is whether such a contract which makes no exception for death resulting from suicide is against public policy, and therefore void. there is a third, as to a possible distinction ..... but did agree that "[t]his contract shall be incontestable after one year from the date of its issue, provided the required premiums are duly paid." johnson's suicide was more than a ..... being no other in the policy as to suicide, makes the insurance company liable in the event that happened. the second is in substance whether the contract, if construed to make the company liable, is against public policy, and void. the policy payable to the administrator had no provision as to suicide, .....

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