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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1923 Page 2 of about 44 results (0.058 seconds)

Apr 30 1923 (FN)

New York Ex Rel. Clyde Vs. Gilchrist

Court : US Supreme Court

Decided on : Apr-30-1923

..... principal of mortgages was taxed when the law was passed and that, in those days, no one thought of an income tax; that any contract of exemption must be shown to have been indisputably within the intention of the legislature; that it is difficult to believe that the legislature meant ..... but the appellate division, in the case that we have cited, while having this caution in mind, preferred to assume without deciding that there was a contract of exemption, but held that it did not extend to this income tax. the court recognized that, for many purposes, a tax upon the interest received ..... opinion rendered at the same time as the present judgment, to the effect that the exemption of mortgages by the mortgage recording tax law, if a contract, did not extend to the interest upon the debt. people ex rel. central union trust co. v. wendell, 197 app.div. 131. to ..... debts. the relator seems to have contended that, if the income tax law imposed the additional assessment, it was unconstitutional as impairing the obligation of contracts made by the statutes laying the taxes first mentioned. the comptroller held that the additional assessment was correct, and that no payment was unlawfully exacted ..... of 1% of their face value, and certification by the comptroller, they should be exempt from all taxation, with specified exception, were not intended to establish contracts with those paying such taxes exempting them from taxation of their income from such debts and mortgages. pp. 262 u. s. 97 , 262 u. s .....

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Apr 16 1923 (FN)

Board of Trade Vs. Olsen

Court : US Supreme Court

Decided on : Apr-16-1923

..... act by which this abuse may be restrained and avoided. the next provision of the act which is attacked as invalid is that which forbids a board, designated as a contract market, from excluding from membership in, and all privileges on, its exchanges any duly authorized representative of a lawfully formed and conducted association of producers having adequate financial responsibility, ..... proper distribution and precipitating a crash in prices. [ footnote 1 ] page 262 u. s. 14 it was charged before the congressional committees that the limitation of deliveries under contracts for futures to warehouse receipts of twelve regular warehouses aggregating but 13,000,000 bushels capacity, with the privilege of a tender of grain in cars on the last three ..... sufficient volume and under such conditions as to reflect the general value of grain and its different grades, and which have been designated by the secretary of agriculture as "contract markets." the act puts these boards of trade under supervision of the secretary of agriculture and imposes conditions page 262 u. s. 6 precedent and subsequent on his power ..... 6. congress having reasonably found that sales of grain for future delivery (most of which transactions do not result in actual delivery, but are settled by off-setting with like contracts), are susceptible to speculation, manipulation, and control, affecting cash prices and consignments of grain in such wise as to cause a direct burden on and interference with interstate commerce .....

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Apr 09 1923 (FN)

Hartford Life Ins. Co. Vs. Douds

Court : US Supreme Court

Decided on : Apr-09-1923

..... u. s. 478 is at 60 -- $2.68. immediately after the table, this statement appears: "these rates decrease in proportion as the total indemnity in force increases above one million dollars in amount, and are calculated so as to cover the usual expense for collecting." during the years 1903 to 1914 ..... upon us. in harmony with dresser v. hartford life insurance co., 80 conn. 681, 709, it held that the membership certificate constituted a contract not to demand of the assured more than $2.68 per thousand for any mortuary assessment, and also that the jurisdiction of the iowa court ..... interfere with the discretion of petitioner's officers or the management of its internal affairs. this conclusion, we think, is plainly right. by a written contract, petitioner had agreed that no mortuary assessment should exceed $2.68 per thousand. it demanded and received more, and respondent sued to recover the excess ..... amount so collected to the assured's legal representatives. the "table of graduated assessment rates for death losses for every $1,000 of a total indemnity of $1,000,000" is printed upon the certificate, and shows increasing rates for ages from 15 to 60. the highest specified rate page 261 ..... it of jurisdiction to render a pecuniary judgment, in an action by an insured to recover amounts collected through assessments exceeding the maxima specified in the contract of insurance. p. 261 u. s. 478 . so held where the company appeared and contested the jurisdiction upon the ground that the proceedings .....

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Apr 09 1923 (FN)

Russell Motor Car Co. Vs. United States

Court : US Supreme Court

Decided on : Apr-09-1923

..... departments. these departments constitute his peculiar and intimate agencies, and, in devolving authority upon them, meticulous precision of language is neither expected nor required. in cancelling the contract, it was not necessary that the statute should be expressly referred to. it was public law of which everyone was bound to take notice. it is contended further that ..... emergency, to enable him to utilize these same powers to stop that production as quickly as possible. to the latter accomplishment authority to modify and cancel government war contracts would contribute most effectively. these considerations lend support to the judgment of the court below construing the statute as having this effect. in this connection, it is not ..... page 261 u. s. 518 empowering the president, within the limits of the amounts appropriated: " . . . (b) to modify, suspend, cancel, or requisition any existing or future contract for the building, production, or purchase of ships or material." the president was authorized to exercise the authority conferred upon him by the act and expend the money therein and ..... be felt during the transition." in its communication, the navy department requested that immediate arrangements be made for the reduction and eventual stoppage of production of materials under these contracts and the substitution therefor of commercial products, and that the company "initiate preparations for the cancellation along the lines indicated." on november 23, 1918, the company was .....

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Apr 09 1923 (FN)

Baltimore and Ohio R. Co. Vs. United States

Court : US Supreme Court

Decided on : Apr-09-1923

..... relates only to such actual agreements, implied in fact from the circumstances, is not only indicated by its purpose, as expressed in the caption, of providing relief in cases of "contracts" connected page 261 u. s. 598 with the prosecution of the war, but is conclusively shown by the fact that the "agreement" is described as one "entered into, in good ..... upon a meeting of minds, which, although not embodied in an express contract, is inferred, as a fact, from conduct of the parties showing, in the light of the surrounding circumstances, their tacit understanding. see, by analogy, as to the construction of similar ..... is lacking. 2. the "implied agreement" contemplated by the dent act as the basis of compensation is not an agreement "implied in law," more aptly termed a constructive or quasi contract where, by fiction of law, a promise is imputed to perform a legal duty, as to repay money obtained by fraud or duress, but an agreement "implied in fact" founded ..... of the agents by whom they were made. p. 261 u. s. 596 . 2. the "implied agreement" contemplated by this act is not an agreement "implied in law," or quasi contract, but an agreement "implied in fact" founded on a meeting of minds inferred, as a fact, from conduct of the parties in the light of surrounding circumstances. p. 261 u .....

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Apr 09 1923 (FN)

Watkins Vs. Sedberry

Court : US Supreme Court

Decided on : Apr-09-1923

..... they petitioned the bankruptcy court to fix a reasonable fee for the trustee's attorney. they did not then know of the existence of the contract, and, while they may successfully oppose payment of the amount therein provided for, they have no standing now to object to a reasonable fee ..... that the attorney was willing to bear all expenses and undertake the matter. the referee made an order authorizing the trustee to enter into a contract of employment with the attorney "on a contingent basis," and providing that the attorney should be personally responsible for and pay all expenses incurred ..... amounts that the attorney expended in prosecuting the claims, and that the balance should be divided equally between the trustee and the attorney. the contract was made without notice to or the authority of the creditors, and without the knowledge of the respondents. on the same day, the trustee ..... due regard to the modified character of the recovery, and the change of the source from which payment must be made." the validity of the contract between the trustee and attorney is first to be considered. the bankrupt filed a voluntary petition in bankruptcy august 24, 1917. he scheduled unsecured debts ..... butler delivered the opinion of the court. this case involves fees and expenses of an attorney for a trustee in bankruptcy. claims therefor are made on a written contract between the trustee and the attorney, jordan stokes, jr. [ footnote 1 ] the amount claimed for fees is about $49,000, [ footnote 2 ] .....

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Mar 19 1923 (FN)

Arkansas Natural Gas Co. Vs. Arkansas R. Comm'n

Court : US Supreme Court

Decided on : Mar-19-1923

..... paragraph then concludes with page 261 u. s. 384 the exception, already quoted, to the effect that the railroad commission shall have no power to modify or impair existing contracts for supplying gas, etc. considering the several provisions of the act together, its terms fairly justify the conclusion that the exception was meant to apply to all proceedings pending ..... stipulated consideration was grossly inadequate -- the commission, under the circumstances disclosed by the record, would have been under a duty to fix gas rates in contravention of the contracts, may be put aside with brief consideration. while a state may exercise its legislative power to regulate public utilities and fix rates notwithstanding the effect may be to modify ..... page 261 u. s. 381 commission, to whom the legislature in the meantime had transferred jurisdiction. there is no claim that rates to consumers were affected by these contracts, nor does it appear that the public interest is involved in the action which the commission was asked to take. the railroad commission denied the application primarily upon the ..... arkansas railroad commission was invalid as establishing confiscatory rates for natural gas furnished to its consuming customers and as maintaining certain divisional rates (alleged to be wholly inadequate) fixed by contracts between appellant and the little rock gas & fuel company and the consumers' gas company. an interlocutory injunction was sought under 266 of the judicial code. the court granted .....

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Feb 19 1923 (FN)

Charles Nelson Co. Vs. United States

Court : US Supreme Court

Decided on : Feb-19-1923

..... completing our engagements." the court of claims further found that "no protest against furnishing more than 1,675,000 feet of lumber under the contract was ever made by the plaintiff company or any of its officers," and the seventh finding was as follows: "the plaintiff company furnished ..... department, washington, d.c., in which you are instructed as follows:" " contract 28942, if contractor fails to make delivery, purchase authorized as requested." "may we be permitted to state that it has never been our intention ..... that he was acting within his authority in so doing. on june 18th the plaintiff company wrote the supply officer as follows: "dear sir: contract 28942. we have for acknowledgment your letter of the 14th, in which you transmit instructions received from the bureau of supplies and accounts, navy ..... named during the period ending december 31, 1917, irrespective of the estimated quantity named, the government not being obligated to order any specific quantity of douglas fir contracted for." then follows: " class 5 -- continued" " stock classification no. 39" "fir, douglas, as follows:" "1. 1,675,000 feet b.m ..... no. 287 argued january 25, 26, 1923 decided february 19, 1923 261 u.s. 17 appeal from the court of claims syllabus a contract for furnishing lumber to the government at a specified price contained a clause obliging the contractor to deliver any quantities ordered in a certain period .....

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Feb 19 1923 (FN)

Columbia Railway, Gas and Elec. Co. Vs. South Carolina

Court : US Supreme Court

Decided on : Feb-19-1923

..... . if this requirement nevertheless be construed as a condition subsequent, there can be no rational ground for holding that the other obligations of the contract are not susceptible of a like construction. among these obligations is that requiring the completion of the canal to gervais street in two years, ..... of 3 of said act, instituted this action. the sufficiency of the complaint was challenged by demurrer upon the ground, among others, that the contract in question was impaired by the act of 1917. the demurrer having been overruled, an answer was filed alleging such impairment, and this claim was ..... upon these facts, this court has jurisdiction, and it is its duty to determine for itself the existence, construction, and validity of the alleged contract, and also to determine whether, as construed by this court, it has been impaired by any subsequent state legislation to which effect has been given ..... jurisdiction, and this must first be considered. the judgment of the state court, it is asserted, was based upon its own construction of the contract, and not at all upon the act of 1917. as this court has repeatedly ruled, the constitution affords no protection as against an impairment by ..... "sell, alienate and transfer" the property subject "to all the duties and liabilities imposed thereby [that is, by the act of 1887], and subject to all contracts, liabilities and obligations made and entered into by said board. . . ." acts s.car. 1890, p. 967, 2. under this statute, the canal was .....

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Feb 19 1923 (FN)

Paducah Vs. Paducah Railway Co.

Court : US Supreme Court

Decided on : Feb-19-1923

..... . 273 , and cases there cited. the company was entitled to just compensation -- i.e., a reasonable return on the value of its property used in the public service -- and, unless contracted away, that right is protected by constitutional safeguards which may not be overridden by legislative enactment or considerations of public policy. southern iowa electric co. v. city of chariton, 255 ..... only contention is that, under the franchise, the company has no right at any time to have fares in excess of those specified in that section, and, because of the contract, it may not invoke constitutional protection against the enforcement of the specified rates, even if shown to be too low to yield a reasonable return. page 261 u. s. 272 ..... complaint. the city offered no evidence, and made no serious contention that the rates fixed in the ordinance complained of were sufficient, but insisted that the franchise ordinance was a contract binding the company to the fares specified in section xv as the maximum never to be exceeded during the twenty-year term. the district court held that the franchise fixed ..... railway company has a constitutional right to a reasonable return on the value of its property used in the public service if it has not contracted the right away. p. 261 u. s. 272 . 3. a contract between a city and a street railway company considered and construed as fixing fares for the first year of operation under it, but as leaving .....

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