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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1921 Page 1 of about 37 results (0.076 seconds)

Jun 06 1921 (FN)

Western Union Tel. Co. Vs. Poston

Court : US Supreme Court

Decided on : Jun-06-1921

..... against the director general. we find in them no basis for such liability. [ footnote 1 ] obviously neither proclamation, order, nor contract could create a liability not authorized by the resolution of congress on which they rest. nor did they attempt to do so. (a) the provision in the proclamation relied upon ..... by plaintiff in the missouri pacific case is not made here. but it is contended that the proclamation, the order of the postmaster general of august 1, 1918, and the contract between him and the company concerning compensation authorized suit against the company as the operating agent of the government in the same way that the federal control act authorized suit ..... their present duties, reporting to the same officers as heretofore and on the same terms of employment." (c) the contract of october 9, 1918, between the postmaster general and the western union, did not purport to make the company liable. it merely provided indemnity. the provision relied upon is this: "the postmaster general shall pay, or save the owner harmless from, all ..... general's order of like effect, dated august 1, 1918. p. 256 u. s. 665 . 3. the contract of october 9, 1918, between the postmaster general and the petitioner did not make the company liable for negligence under government operation, but merely provided indemnity. p. 256 u. s. 666 . 4. omission of congress to provide a remedy against the government in such .....

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Apr 11 1921 (FN)

United States

Court : US Supreme Court

Decided on : Apr-11-1921

..... company must submit to whatever of disadvantage results from it. this the company frankly recognizes, for in its brief it says: "it was a part of our contract that, until selected, lands within the indemnity belt should be open to settlement under page 256 u. s. 65 the homestead and preemption laws." and also: "the question here is not whether, in the ..... entitled to performance by the government. burke v. southern pacific r. co., 234 u. s. 669 , 234 u. s. 679 -680. the provision relating to indemnity lands was as much a part of the grant and contract as the one relating to land in place, payne v. central pacific ry. co., 255 u. s. 228 , and it is apparent from the granting ..... within the indemnity limits in lieu of land lost within the place limits was intended to be a substantial ..... the railroad and acceptance of the railroad by the president, the proposal was converted into a contract, entitling the company to performance by the government. p. 256 u. s. 64 . 3. the provision relating to indemnity land was as much a part of the grant and contract as the one relating to land in place, and the right of the grantee to land .....

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Feb 28 1921 (FN)

Payne Vs. Central Pacific Ry. Co.

Court : US Supreme Court

Decided on : Feb-28-1921

..... against the united states, and therefore not maintainable without its consent, but we think the suit is one to restrain the appellants from cancelling a valid indemnity selection through a mistaken conception of their authority, and thereby casting a cloud on the plaintiff's title. ballinger v. frost, 216 u. s. ..... of the time when the exertion of the authority was invoked by the lawful filling of the list of selections." as before shown, this indemnity selection was made in full compliance with the directions promulgated by the secretary, was of lands subject to selection, and was based on ..... is treated as only a preliminary land application or filing. counsel there say: "what is the effect then of the mere filing of an indemnity selection? its only effect, we submit, is to give the selector a preference right to the land as against one tendering a filing thereafter." ..... disposals, homestead settlements, and preemption claims antedating the definite location of the line of the road, thereby making it necessary to resort to the indemnity limits to satisfy the grant. the present ascertained losses amount to thousands of acres, and it is certain that further substantial losses will develop ..... and putting it in operation, the company performed its part of the contract, it became entitled to performance by the government. in other words, it earned the right to the lands described." and, speaking specially of the right to indemnity lands under such a grant, it was said in united states v .....

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Dec 19 1921 (FN)

American Column and Lumber Co. Vs. United States

Court : US Supreme Court

Decided on : Dec-19-1921

..... , are clearly settled by the antitrust statute and the decisions of this court interpreting it. the applicable provision of the act (c. 647, 26 stat. 209) reads: "section 1. every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several states . . . is hereby declared to be illegal." obviously the organization of ..... a misleading misnomer. genuine competitors do not make daily, weekly, and monthly reports of the minutest details of their business to their rivals, as the defendants did; they do not contract, as was done here, to submit their books to the discretionary audit, and their stocks to the discretionary inspection, of their rivals for the purpose of successfully competing with them .....

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Dec 12 1921 (FN)

Danke-walker Milling Co. Vs. Bondurant

Court : US Supreme Court

Decided on : Dec-12-1921

..... failure to have complied with 571, supra, is fatal to appellee's right of recovery. . . . so the question for decision is: was the contract between appellant and appellee one which is protected by article i, chapter 8, paragraph 3 of the federal constitution, from regulation by the state of kentucky, ..... selling and the transportation incidental thereto constitute commerce." in united states v. e. c. knight co., 156 u. s. 1 , 156 u. s. 13 , "contracts to buy, sell, or exchange goods to be transported among the several states" were declared "part of interstate trade or commerce." and in addyston pipe & steel co. ..... as to that transaction, and reversed the judgment with a direction for a new trial. that court proceeded on the theory that, as the contract was made in kentucky, related to property then in that state, and was to be wholly performed therein, the transaction was strictly intrastate, and ..... of kentucky (ky.stats.1915, 571) prescribing the conditions on which corporations of other states might do business in that state, and that the contract was therefore not enforceable. to this the plaintiff replied that the only business done by it in kentucky consisted in purchasing page 257 u. s ..... of a public carrier, intending to forward it as soon as delivery was made. held that the transaction was in interstate commerce notwithstanding the contract was made and to be performed in kentucky, and that the possibility that the purchaser might change its mind after delivery and sell the .....

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Dec 05 1921 (FN)

North Pacific Steamship Co. Vs. Soley

Court : US Supreme Court

Decided on : Dec-05-1921

..... introduced in evidence, from which the commission found that the disability suffered by solely terminated on the 10th day of december, 1917; that the disability indemnity payable to him up to and including december 10, 1917, amounted to $855, which, together with the medical expenses theretofore awarded, amounted to $ ..... had returned to work on december 10, 1917, eight days before the action was brought. the order of the commission, terminating the disability indemnity, found that the disability suffered by reason of the injury had terminated on december 10, 1917, and that the total liability of the defendant ..... of the matter in controversy herein, exclusive of interest and costs, exceeds the sum of three thousand dollars, and alleges that the weekly indemnity of eleven and 25/100 dollars awarded to defendant from complainant under the terms of said award and judgment was contingent upon the continuance of ..... $3,015.35. the bill further alleged that, at the time of his injury, soley was engaged in the performance of a maritime contract aboard a vessel in the navigable waters of the united states engaged in interstate commerce; that his remedy was exclusively within the admiralty and ..... in a suit to enjoin execution of an award for disabling personal injuries, made under the california compensation act and requiring present payments and future indemnity payments during a maximum period, it was proven that the defendant was cured before the bill as filed, so that the total liability was less .....

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Dec 05 1921 (FN)

American Steel Foundries Vs. Tri-city Trades Council

Court : US Supreme Court

Decided on : Dec-05-1921

..... by the use of deception and misrepresentation with its nonunion employees, by seeking to induce such employees to become members of the union contrary to the express term of their contract of employment that they would not remain in complainant's employ if union men, and after enough such employees had been secretly secured, suddenly to declare a strike against complainant ..... averment of the complaint, and was, of course, admitted by the demurrer. there are other cases in which the persuasion was accompanied by the intent to secure a breach of contract, or was part of a secondary boycott, or had elements of fraud, misrepresentation or intimidation in it. perkins v. pendleton, 90 me. 166, was a case of the latter kind .....

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Nov 21 1921 (FN)

John Horstmann Co. Vs. United States

Court : US Supreme Court

Decided on : Nov-21-1921

..... gives plausible support to the contention. it is declared that the rule deducible from prior cases which are reviewed is that the appropriation of property by the government implies a contract to pay its value, and it is further declared that there need not be a physical taking, an absolute conversion of the property to the use of the public. it ..... . 121 , 248 u. s. 129 -130. this generality has had exception in subsequent cases. it is to be remembered that, to bind the government, there must be implication of a contract to pay, but the circumstances may rebut that implication. in other words, what is done may be in the exercise of a right, and the consequences only incidental, incurring no .....

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Nov 14 1921 (FN)

Crescent Cotton Oil Co. Vs. Mississippi

Court : US Supreme Court

Decided on : Nov-14-1921

..... . s. 137 where, as we have found in this case, a foreign corporation has no federal right to continue to do business in a state, and where, as here, no contract right is involved, and there is no employment by the federal government, it is the settled law that a state may impose conditions, in its discretion, upon the right of .....

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Nov 07 1921 (FN)

Hunt Vs. United States

Court : US Supreme Court

Decided on : Nov-07-1921

..... in the city of chicago, illinois, page 257 u. s. 128 during the contract term without additional compensation." this paragraph is in precisely the terms quoted and considered in united states v. utah, nevada & california stage co., 199 u. s. 414 , which ..... and dismissed the petition. we agree with the lower court that the contention of the government cannot be allowed that the extra service rendered was within the paragraph of the contract providing that the contractor is "to perform all new or additional or changed covered regulation wagon mail messenger, transfer, and mail station service that the postmaster general may order ..... issued orders requiring the contractor to perform specified mail service to and from streetcars in chicago. the government claimed that this new service was within the scope of weighel's contract, but he claimed that it was not, and, performing it under protest, he notified the government that compensation therefor would be demanded. travis performed all of the extra ..... of claims syllabus 1. united states v. utah, nevada & california stage co., 199 u. s. 414 , followed to the effect that a general stipulation in a mail carriage contract obliging the contractor to perform new, additional, or changed service without additional compensation, when ordered by the postmaster general, does not authorize the exaction without pay of a heavy and .....

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