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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1923 Page 4 of about 44 results (0.057 seconds)

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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Feb 19 1923 (FN)

Crown Die and Tool Co. Vs. Nye Tool and Machine Works

Court : US Supreme Court

Decided on : Feb-19-1923

..... is just an ordinary suit for injunction and profits dependent on the validity of the patent and its infringement under those same laws. there is no question of royalties by contract in the case. the main question is an interesting one. the argument of counsel for the respondent, and the one upon which the circuit court of appeals proceeded to its ..... . the petitioner raises a question of jurisdiction. it says that the suit does not arise under the patent laws of the united states, but is merely a suit on a contract like one for royalties under a license of which the district court could not have jurisdiction because the parties are both citizens of the same state. to sustain this argument .....

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Feb 19 1923 (FN)

United States GraIn Corp. Vs. Phillips

Court : US Supreme Court

Decided on : Feb-19-1923

..... functions arising out of the war and its sequels. the western maid, 257 u. s. 419 , 257 u. s. 432 . this being its relation to the government, it made a contract with bulgaria for the sale of wheat under which bulgaria forwarded the gold in question by a naval vessel of the united states to constantinople for the defendant. on august ..... , 120 u. s. 46 . but, in our opinion, the view taken by the district judge was more accurate. the plaintiff did not stand as a private person making a private contract with a business corporation. he was an officer of the united states charged with duties as such. in substance, the gold was the property of the united states. it is .....

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Feb 19 1923 (FN)

Eibel Process Co. Vs. Minnesota and Ontario Paper Co.

Court : US Supreme Court

Decided on : Feb-19-1923

..... examination, they began with a positive assertion that a pitch of 4, 5, and even 6 inches had been used in certain machines before eibel's time, but written records, contracts, and specifications brought out on cross-examination show nothing more than 3 inches provided for purpose of drainage, and not more than that was used. this is not to say ..... , was made by the horne company and was designed by barrett and horne on the model of this patent. it is very clear from an examination of the design and contract for this machine that the pitch of the wire in it could not have exceeded 3 inches, and that it was used for drainage. other patents were set up in .....

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Feb 19 1923 (FN)

Moore Vs. Dempsey

Court : US Supreme Court

Decided on : Feb-19-1923

moore v. dempsey - 261 u.s. 86 (1923) u.s. supreme court moore v. dempsey, 261 u.s. 86 (1923) moore v. dempsey no.199 argued january 9, 1923 decided february 19, 1923 261 u.s. 86 appeal from the district court of the united states for the eastern district of arkansas syllabus 1. upon an appeal from an order of the district court dismissing a petition for habeas corpus upon demurrer, the allegations of fact pleaded in the petition and admitted by the demurrer must be accepted as true. p. 261 u. s. 87 . 2. a trial for murder in a state court in which the accused are hurried to conviction under mob domination without regard for their rights is without due process of law and absolutely void. p. 261 u. s. 90 . 3. in the absence of sufficient corrective process afforded by the state courts, when persons held under a death sentence and alleging facts showing that their conviction resulted from such a trial, apply to the federal district court for habeas corpus, that court must find whether the facts so alleged are true, and whether they can be explained so far as to leave the state proceedings undisturbed. p. 261 u. s. 91 . reversed. appeal from an order of the district court dismissing a petition for habeas corpus upon demurrer. page 261 u. s. 87 mr. justice holmes delivered the opinion of the court. this is an appeal from an order of the district court for the eastern district of arkansas dismissing a writ of habeas corpus upon demurrer, the presiding judge certifying that there .....

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Jan 29 1923 (FN)

Leigh Ellis and Co. Vs. Davis

Court : US Supreme Court

Decided on : Jan-29-1923

..... understood or allowed to contravene our conclusion, upon the facts here. the statutes of the states where the goods were shipped and the suit was brought do not affect the contract, and the reasonableness of the limitation is a matter of law; missouri, kansas & texas ry. co. v. harriman, 227 u. s. 657 , 227 u ..... 114 s.e. 365; northern milling co. v. davis, (wis.) 190 n.w. 351. in our opinion, this contract was good when made. the time allowed was reasonable. missouri, kansas & texas ry. co. v. harriman, 227 u. s. 657 , 227 u. s. 672 ; texas & pacific ry ..... the general purpose was to limit not to extend rights of action, and that we page 260 u. s. 689 cannot suppose that it was intended to invalidate existing contracts good when made. new york central r. co. v. lazarus, 278 f. 900; william f. mosser co. v. payne, director general, (w.va.) ..... ." the district court, after careful consideration, dismissed the petition upon demurrer on the ground that the suit was too late under the quoted words of the contract, and also on the merits. 274 f. 443. the circuit court of appeals affirmed the judgment, adopting the opinion below as to the time within which ..... . the reasonableness of such a limitation is a matter of law. p. 260 u. s. 689 . 5. when not affected by statute, a limitation prescribed by contract like the above applies to the action which is prosecuted to judgment, and is not extended by the bringing of a previous action. p. 260 u. s. 689 .....

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Jan 29 1923 (FN)

Conley Vs. Barton

Court : US Supreme Court

Decided on : Jan-29-1923

..... complementary. in the first, an alteration of the remedy was sustained; in the second, the remedy was adjudged so intimate in its relation to the contract as to be within its obligation and immunity from change. the first is the reliance of defendant in error; the second, of plaintiff in error. ..... contain a one-year foreclosure covenant, which the court denominated "the familiar form." the conclusion was that such "foreclosure clause" was "not a contract contemplated and protected by the constitution," and further that the act related to the remedy for the enforcement of rights, and that, while an ..... all foreclosures begun after its passage including foreclosures of prior existing mortgages." in reply to the contention that the statute impairs the obligation of the contract constituted by the mortgage "by extending the foreclosure period for three months after the expiration of the year," it was said: "but the ..... to redemption; plaintiff in error asserts that it is inapplicable, and contends that, if held applicable, it is invalid as impairing the obligation of his contract, the mortgage. page 260 u. s. 680 the trial court decided that the provision was applicable and valid. these conclusions were affirmed by the ..... january 29, 1923 260 u.s. 677 error to the supreme judicial court of the state of maine syllabus the obligation of a mortgage contract under which the right of redemption is barred after lapse of one year from entry and taking possession by the mortgagee to foreclose, is .....

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Jan 22 1923 (FN)

Lee Vs. Chesapeake and Ohio Ry. Co.

Court : US Supreme Court

Decided on : Jan-22-1923

..... dependent on the will or acquiescence of the plaintiff. the opinion in in re moore is qualified accordingly. we recognize that one purpose of the act of 1888 was to contract the jurisdiction of the circuit courts, and that due regard should be had for this in interpreting indefinite or ambiguous provisions; but we think it affords no basis for subtracting ..... ruling proceeded on the theory that this was a right, if not a necessary, conclusion, inasmuch as the general purpose of congress in adopting the act of 1888 was to contract the jurisdiction of the circuit courts. the decision was given in 1906, and was a departure from what had been said of the same provisions in prior cases, notably mexican ..... wisner, 203 u. s. 449 , overruled; in re moore, 209 u. s. 490 , qualified. 6. the purpose of the act of august 13, 1888, c. 866, 25 stat. 433, to contract the jurisdiction of the circuit courts affords no basis for subtracting from its provisions where definite and free from ambiguity. p. 260 u. s. 660 . affirmed. error to a judgment ..... defendant only where he was a nonresident of the state in which the suit was brought. thus, while the comparison shows that congress intended to contract materially the jurisdiction on removal, it also shows how the contraction was to be page 260 u. s. 661 effected. certainly there is nothing in this which suggests that the plain terms in the act of .....

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Jan 15 1923 (FN)

Oklahoma Vs. Texas

Court : US Supreme Court

Decided on : Jan-15-1923

..... respect to treaties that they shall be liberally construed so as to carry out the apparent intention of the parties to secure equality and reciprocity between them. as they are contracts between independent nations, in their construction, words are to be taken in their ordinary meaning, as understood in the public law of nations, and not in any artificial or special ..... denotes the relation of the boundary to the rivers, and, as those words are otherwise supported, they point with controlling force to what was in the minds of the high contracting parties. it follows from these considerations that the meaning of the treaty provision is just what it would be if the red river section of the boundary were expressly described ..... the said rivers roxo and arkansas, throughout the extent of the said boundary, on their respective banks, shall be common to the respective inhabitants of both nations." "the two high contracting parties agree to cede and renounce all their rights, claims, and pretensions, to the territories described by the said line; that is to say: the united states hereby cede to ..... having the approval of the entire court. the court said: "in making such construction, it is necessary to keep in mind that there was by the contract of cession a mutual relinquishment of claims by the contracting parties, the united states ceding to georgia all its right, page 260 u. s. 631 title, etc., to the territory lying east of that line .....

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Jan 08 1923 (FN)

Ftc Vs. Curtis Publishing Co.

Court : US Supreme Court

Decided on : Jan-08-1923

..... paragraph violate 3, act of october 15, 1914. and it thereupon ordered: that the respondent cease and desist, while engaged in interstate commerce, from entering into any contracts, agreements or understandings which forbid persons, partnerships or corporations already engaged in the sale or distribution of magazines or news papers, or both, of other publishers from acting ..... in the course of said commerce, with those of respondent, which permission as to said competing publications has been uniformly denied by respondent; that, in enforcing said contract provision as to said dealers, and in denying them said permission, respondent has prevented and now prevents certain of its competitors from utilizing established channels for the general ..... . after taking much testimony -- 2,500 pages -- the commission made a brief and rather vague report of two pages, containing findings and conclusions based on the second contract with dealers and without direct reference to the earlier one. the substance of the report follows: paragraph one. respondent, a pennsylvania corporation with principal place of business at philadelphia ..... of certain competitors to other dealers or distributors. that, with the same intent, purpose, and effect, it is making and for several months last past has made contracts with numerous wholesalers to distribute its periodicals as agents, and not to distribute those of other publishers without permission. that wholesalers so restricted are the principal and often the .....

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