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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1923 Page 1 of about 44 results (0.115 seconds)

Dec 10 1923 (FN)

Arnold Vs. GuimarIn and Co.

Court : US Supreme Court

Decided on : Dec-10-1923

..... no appearance by them in the circuit court of appeals. [ footnote 4 ] the circuit court of appeals, after disposing, adversely to arnold and the indemnity company, of various assignments of error relating to the alleged prematurity of the suit and the claim of guimarin & co., said: "considering the action to ..... ] the case was then tried upon the issues relating to the claim of guimarin & co., and a verdict rendered by direction, finding that arnold's contract had been completely performed and finally settled on april 16, 1920, and that guimarin & co. was entitled to recover under its subcontract $7,693.31, ..... on the bond. the defendants answered, denying liability on page 263 u. s. 430 various grounds, specifically denying that arnold's contract had been finally settled on april 17, or that more than six months had elapsed since its completion or final settlement, and averring that the ..... to be due it from arnold under a subcontract for supplying the plumbing and other material in the storehouse. the complaint alleged that arnold's contract with the united states had been completely performed and finally settled on april 17, 1920, and that the united states had not entered suit ..... the writ. the materialmen's act, as amended, provides [ footnote 1 ] that the usual penal bond executed by anyone entering into a contract with the united states for the construction of any public work shall contain an additional obligation for the payment by the contractor of all persons supplying .....

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Nov 19 1923 (FN)

Frick Vs. Webb

Court : US Supreme Court

Decided on : Nov-19-1923

..... authorized to acquire, possess, enjoy or convey agricultural land, in the manner and to the extent and for the purposes prescribed by any treaty . . . and not otherwise," renders illegal a contract between a citizen of the state and a japanese alien for sale by the one to the other of shares in such a corporation, and is consistent with the treaty ..... the act prohibits the leasing of agricultural land by citizens of the united states to a japanese alien, and in the latter that it prohibits the making of a cropping contract between a citizen and a japanese alien. the treaty does not grant permission to the citizens of subjects of either of the parties in the territories of the other to .....

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Nov 19 1923 (FN)

Binderup Vs. PaThe Exchange, Inc.

Court : US Supreme Court

Decided on : Nov-19-1923

..... with the exhibitor. see united states v. schrader's son, inc., 252 u. s. 85 , 252 u. s. 99 ; bobbs-merrill co. v. straus, 139 f. 155, 191. the contracts with these distributors contemplated and provided for transactions in interstate commerce. the business which was done under them leasing, transportation, and delivery of films was interstate commerce. the alleged purpose ..... of commodities, and any combination or conspiracy which unreasonably restrains such purchase, sale, lease or exchange is within the terms of the anti-trust act, denouncing as illegal every contract, combination, or conspiracy "in restraint of trade or commerce among the several states." the allegation of the complaint is that the exhibitor had been procuring films from some of ..... the arrangement with the exhibitor here was an instance was clearly interstate. it consisted of manufacturing the commodity in one state, finding customers for it in other states, making contracts of lease with them, and transporting the commodity leased from the state of manufacture into the states of the lessees. if the commodity were consigned directly to the lessees, ..... was engaged matters of interstate commerce?, and (2) do the alleged acts of the defendants in error constitute a combination or conspiracy in restraint thereof? 1. the film contracts were between residents of different states, and contemplated the leasing by one to the other of a commodity manufactured in one state and transported and to be transported to and .....

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Nov 12 1923 (FN)

Mutual Life Ins. Co. Vs. Hurni Packing Co.

Court : US Supreme Court

Decided on : Nov-12-1923

..... much as it inures to the benefit of the insured himself during his lifetime. the rights of the parties under such an incontestable clause as the one contained in this contract do not become fixed at the date of the death of the insured." in order to give the clause the meaning which the petitioner ascribes to it, it would be ..... beneficiary, who has therefore a real, albeit sometimes only a contingent, interest in the policy. page 263 u. s. 177 it is true, as counsel for petitioner contends, that the contract is with the insured, and not with the beneficiary, but nevertheless it is for the use of the beneficiary, and there is no reason to say that the incontestability clause ..... monahan v. metropolitan life ins. co., 283 ill. 136, 141: "some of the rights and obligations of the parties to a contract of insurance necessarily become fixed upon the death of the insured. the beneficiary has an interest in the contract, and as between the insurer and the beneficiary, all the rights and obligations of the parties are not determined as of ..... unnecessary to review. it is enough to say that they do not in fact arise in the instant case, and they could not arise except as a result of the contract whose words the insurance company itself selected, and by which it is bound. the judgment of the court of appeals is affirmed. .....

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Nov 12 1923 (FN)

United States Vs. Merriam

Court : US Supreme Court

Decided on : Nov-12-1923

..... to an executor, even expressed to be for care and pains, is not to be regarded in the light of a debt or as founded in contract, or to be governed by the principles applicable to contracts. . . . when a legacy is given to a person in the character of executor, so as to attach this implied condition to it, the question generally .....

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Jun 11 1923 (FN)

Pennsylvania Vs. West Virginia

Court : US Supreme Court

Decided on : Jun-11-1923

..... within the state, and contended that the exporting public service corporations which habitually supplied the local distributing companies could not justify furnishing a reduced supply by setting up their contracts to furnish supplies to concerns in other states. these contentions were denied by the exporting companies, and it was asserted that they could not legally be controlled in ..... 262 u. s. 607 some of the companies which exported gas sought to justify the inadequacy of their service to west virginia customers by asserting that they were under contract, or other duty, to supply west virginia gas to distributing companies or consumers in other states, and that the aggregate demand of their customers in the several states exceeded ..... largely in excess of the production, and the pipeline companies generally have adopted and are pursuing the policy of preferring domestic consumers during those months. all the long-time contracts contain provisions admitting of such a preference. during other months, when there is little occasion for heating homes and offices, the needs of domestic consumers drop so materially ..... that for lighting being relatively small. all gas going into pennsylvania and ohio is carried and supplied under prior engagements respecting its disposal -- most of it under long-time contracts exacted or preferred by the purchasers or consumers. experience in other gas fields has shown that multiplied and prolonged drafts on the natural supply will exhaust it. since 1916, .....

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Jun 04 1923 (FN)

United States Vs. American Linseed Oil Co.

Court : US Supreme Court

Decided on : Jun-04-1923

..... called "exchange," through which one subscribing manufacturer may obtain detailed information concerning the affairs of others doing like business. the defendant "crushers" constitute one of the groups who contract for this service. they manufacture and distribute throughout the union a very large part of the linseed products consumed therein, and, prior to the challenged combination, were active, ..... are in direct conflict. the sherman act was intended to secure equality of opportunity, and to protect the public against evils commonly incident to monopolies and those abnormal contracts and combinations which tend directly to suppress the conflict for advantage called competition -- the play of the contending forces ordinarily engendered by an honest desire for gain. "the ..... statute did not forbid or restrain the power to make normal and useful contracts to further trade by resorting to all normal methods, whether by agreement or otherwise, to accomplish such purpose. . . . the words 'restraint of trade' should be given ..... or how far competitors may reveal to each other the details of their affairs. in the absence of a purpose to monopolize, or the compulsion that results from contract or agreement, the individual certainly may exercise great freedom; but concerted action through combination presents a wholly different problem, and is forbidden when the necessary tendency is .....

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Jun 04 1923 (FN)

William C. Atwater and Co., Inc Vs. United States

Court : US Supreme Court

Decided on : Jun-04-1923

..... miners, laborers, or boatmen, accidents at the mines, or interruption or shortage of transportation. in such cases, the obligation to deliver coal under their contracts will be cancelled to an extent corresponding to the extent or duration of such war, strikes, combinations, accidents, interruption, or shortage, and no ..... ) have no relation to price. the purpose of that paragraph was to relieve the contractors from liability resulting from their inability to fulfill their contracts on account of causes mentioned therein. the department at all times adhered to its position both as to quantity and price. appellant's protest ..... department might call for more or less than the 200,000 tons mentioned therein, and that, because of lack of consideration and mutuality, the contract at its inception was not enforceable, but that it became valid and binding to the extent that it was performed. on the facts found ..... department, saying: "we beg to call attention to department's notice to us under date march twenty-sixth we would be required to deliver contract tonnage plus ten percent eighty-two hundred nineteen tons of which, by reasons of short car supply, we are delivering under protest. with completion ..... quantity specifically mentioned was 200,000 tons. on march 26, 1917, appellant was informed by the department that the estimated quantity mentioned in its contract would be exceeded by about 10 percent. appellant stated that it had not bid on tonnage in excess of 200,000 tons, and called .....

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Jun 04 1923 (FN)

Willard, Sutherland and Co. Vs. United States

Court : US Supreme Court

Decided on : Jun-04-1923

..... any specific quantity, " and that the stated quantities "are estimated, and are not to be considered as having any bearing upon the quantity which the government may order under the contract; . . . the right is also reserved to make such distribution of tonnage among the different bidders . . . as will be considered for the best interests of the government." there is ..... to deliver; that this excess would be furnished under protest, reserving the right to take the proper steps to recover the difference between the current market price and the contract price; it asked confirmation from the department and stated that, on receipt thereof it would furnish the coal. june 15 the department acknowledged appellant's letter of the 14th ..... the quantities which will be required, . . . they are estimated only, and are not to be considered as having any bearing upon the quantity which the government may order under the contract. " page 262 u. s. 491 "deliveries. -- deliveries to be made promptly, and in lots or quantities specified . . . on call and at the prices accepted by the department. . . ." "reservations. -- ..... . . . $28,500." the general specifications printed on the form contained the following provisions: "quantities estimated. -- it shall be distinctly understood and agreed that it is the intention of the contract that the contractor shall furnish and deliver any quantity of the coal specified which may be needed for the naval service at the places named during the period from july .....

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Jun 04 1923 (FN)

Madera Sugar Pine Co. Vs. Industrial Acc. Comm'n

Court : US Supreme Court

Decided on : Jun-04-1923

..... to prescribed death benefits gauged by the previous wages and the extent of the dependency of the beneficiaries. laws cal. 1917, c. 586; amendment, laws 1919, c. 471. see western indemnity co. v. pillsbury, 170 cal. 686, 695, and north alaska salmon co. v. pillsbury, 174 cal. 1. nonresident alien dependents are included within its provisions as to death benefits. see ..... not only benefits the survivors, but protects the laboring man. . . . the laborer, leaving wife and children behind him and coming here from abroad, has a right to enter into the contract of employment, fully relying upon the statute." alfson v. bush co., 182 n.y. 393, 399; kaneko v. atchison railway, 164 f. 263, 266. for the foregoing reasons, we conclude .....

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