Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1925 Page 1 of about 31 results (0.059 seconds)

Mar 02 1925 (FN)

Merchants Mut. Liab. Ins. Co. Vs. Smart

Court : US Supreme Court

Decided on : Mar-02-1925

..... provision by the state in the interest of the public, whose lives and limbs are exposed, to require that the owner in the contract indemnifying him against any recovery from him should stipulate with the insurance company that the indemnity by which he page 267 u. s. 130 saves himself should certainly inure to the benefit of the person who thereafter is ..... would be unlawful in the event of subsequent bankruptcy. the clause we have before us is just the same save in one respect. it secures to the injured person the indemnity which his injurer has provided for himself in advance to avoid payment for the injury. but the clause becomes operative only in the event of the insolvency or bankruptcy of ..... the assured when he can no longer use the indemnity to pay the injured person as he should. the title to the indemnity passes out of the bankrupt or insolvent person and vests in him in whom the contract and the state law declare it should vest. the assured is divested by the terms of .....

Tag this Judgment!

Jan 12 1925 (FN)

Michigan Pub. Util. Comm'n Vs. Duke

Court : US Supreme Court

Decided on : Jan-12-1925

..... interstate commerce to impose on plaintiff the onerous duties and strict liability of common carrier, and the obligation of furnishing such indemnity bond to cover the automobile bodies hauled under his contracts as conditions precedent to his right to continue to carry them in interstate commerce. see barrett v. new york, 232 ..... contains a plurality of objects, and its real object is not expressed in the title. the lower court held that 7, providing for indemnity bonds imposes a direct burden on interstate commerce, and that the provisions of 3 applicable to private carriers are foreign to the title of ..... approved by said commission." a rule adopted by the commission requires all common carriers, defined by the act, to take out such an indemnity bond, and the commission has announced that no permit will be given until there has been filed with it a certificate of the bonding ..... insurance for the protection of the . . . property carried by them in such amount as shall be ordered by said commission . . . or shall furnish an indemnity bond . . . conditioned upon the payment of all just claims and liabilities resulting from injury to . . . property carried by such carrier, and in a company ..... for hire by motor vehicle over the public highways of the state the burdens and duties of common carriers, and requiring them to furnish indemnity bonds to secure payment of claims and liabilities.resulting from injury to property carried, when applied to a private carrier without special franchise or .....

Tag this Judgment!

Nov 23 1925 (FN)

Louisville and Nashville R. Co. Vs. Sloss-sheffield Co.

Court : US Supreme Court

Decided on : Nov-23-1925

..... reasonable rates. the consignor had no immediate interest therein; whether they were more or less could not affect its receipts or profits under the contract. the provision that "the seller will not be liable for any overcharge in freight when correct rate is expressed in bill of lading" indicates ..... 241 apparently for some years, the commission has generally accepted the view that the consignee who pays freight charges under a. f.o.b. destination contract of sale acts as agent for the consignor, and the latter may recover when these are found to be excessive. of course, the decisions deserve ..... to reparation. the additional facts relied upon to support this objection to recovery are these: all the shipments were made under a standard form of contract which was applicable to sales for future delivery in installments and which contained a provision substantially as follows: "price. fourteen dollars and eighty-five ..... consignee physically paid the freight upon acceptance of the delivery, and that he was credited with this at the rate specified in the sales contract as a part payment of the purchase price, and remitted only the balance of the purchase price. the objection urged is not that the ..... and charged on the seller's books at the full delivered price, and the consignees physically paid the freight upon acceptance of delivery; the sales contracts, unknown to the carrier, declared the price to be based on the existing freight rate (specifying it) and provided that the buyers should have .....

Tag this Judgment!

Nov 16 1925 (FN)

Davis Vs. John L. Roper Lumber Co.

Court : US Supreme Court

Decided on : Nov-16-1925

..... holder for any loss, damage, or injury to such property, and contains these provisos: " provided further, that it shall be unlawful for any such common carrier to provide by rule, contract, regulation, or otherwise a shorter period for giving notice of claims than ninety days and for the filing of claims for a shorter period than four months, and for the ..... be made was invalid. it said that "in transit" means at any time after the property has been received by the initial carrier and before delivery in accordance with the contract of carriage. but that view cannot be sustained. the loss was due solely to misdelivery -- that is, "a failure to make delivery" in accordance with the bill of lading. georgia ..... before respondent made any claims. there is nothing in the statutory provisions relied on by respondent to excuse its failure to make claim within the time specified in the shipping contract. judgment reversed, and cause remanded for further proceedings not inconsistent with this opinion.

Tag this Judgment!

Oct 19 1925 (FN)

Druggan Vs. Anderson

Court : US Supreme Court

Decided on : Oct-19-1925

..... accurate instinct in those who drew it. whichever form was used, the world had notice of it, and we apprehend that there would be little difficulty in holding void a contract made in july, 1919, and contemplating performance in disregard of the prohibition in july, 1920. every dogmatic statement of the law is prophetic of what will happen in a certain .....

Tag this Judgment!

Jun 01 1925 (FN)

Second Russian Ins. Co. Vs. Miller

Court : US Supreme Court

Decided on : Jun-01-1925

..... they were in complete control of the pool, and received as compensation for their services a fixed commission based on the annual net premium upon reinsurance or retrocession contracts (that is, contracts reinsuring reinsurers) plus a stipulated percentage of the annual net profit of the total business conducted by the pool. for a considerable period before the outbreak of ..... , extraterritorially, russian subjects, page 268 u. s. 561 and that it not only imposed penalties on russian nationals for its violation, but rendered unlawful and void all contracts and commercial intercourse within our own territory, between russian nationals and russian enemies, we still do not find in that assumption any basis for the reversal of the judgment ..... under reinsurance treaties effected before the transfer of the agency, notwithstanding the formal terms of the written appointment of meinel, were commissioners to which mutzenbecher was entitled under the contract or arrangement existing between mutzenbecher, meinel, and appellant before the transfer of the agency, and that meinel had in fact received and set them apart as the property ..... world war, of a russian ukase forbidding, under penalties, all russian subjects to enter into any agreement or commercial relations with citizens of enemy countries and proclaiming all contracts with enemy firms at an end, an arrangement was made between a russian insurance corporation, a german firm of hamburg, which was its general agent for reinsurance business .....

Tag this Judgment!

Jun 01 1925 (FN)

Cement Manufacturers' Assn. Vs. United States

Court : US Supreme Court

Decided on : Jun-01-1925

..... association formed by numerous manufacturers of portland cement, it appeared: (1) that, following trade practice, each manufacturer disposed of part of its product through "specific job contracts" -- i.e., contracts in effect obligating the manufacturer to deliver in the future to the purchaser at a maximum price named, payable on delivery, the cement required to complete a specified ..... of gathering and distributing these two classes of information is not denied. that a consequence of the gathering and dissemination of information with respect to the specific job contracts was to afford to manufacturers of cement opportunity and grounds for refusing deliveries of cement which the contractors were not entitled to call for, an opportunity of ..... to extend credit or to require cash or security from any given customer. statistical information the statistical activities of the association, other than those relating to specific job contracts which have already been referred to, dealt with information as to existing supplies of cement and the so-called bag report, which gave information concerning returned bags which ..... cooperation of manufacturers in gathering and exchanging (1) information concerning production of cement and the prices for which it was sold by them in actual, closed "specific job" contracts constituting but a part of their business, and (2) information of transportation costs from chief points of production held not an unlawful restraint on commerce even assuming that the .....

Tag this Judgment!

May 25 1925 (FN)

Coronado Coal Co. Vs. United Mine Workers

Court : US Supreme Court

Decided on : May-25-1925

..... of district no. 21 and that of his men seemed sufficiently aroused by the coming of nonunion men into that local community, by mr. bache's alleged breach of his contract with district no. 21 in employing nonunion men three months before it expired, by his charged evasion of it through a manipulation of his numerous corporations, by his advertised anticipation ..... shown that it is in the business of the corporation. surely no stricter rule can be enforced against an unincorporated organization like this. here, it is not a question of contract or of holding out an appearance of authority on which some page 268 u. s. 305 third person acts. it is a mere question of actual agency which the constitutions ..... , texas, and oklahoma. mr. bache, as manager of the plaintiff's mines, had been operating them for a number of years with union labor and under a district no. 21 contract and scale of wages, which did not expire until july 1, 1914. in march of that year, he determined to run his mines thereafter on a nonunion or open basis .....

Tag this Judgment!

May 11 1925 (FN)

Cockrill Vs. People

Court : US Supreme Court

Decided on : May-11-1925

..... is the third paragraph of article i of the treaty that plaintiffs in error contend is violated. the treaty provision is: "the citizens or subjects of each of the high contracting parties shall receive, in the territories of the other, the most constant protection and security for their persons and property, and shall enjoy in this respect the same rights and ..... cockrill. ikada furnished the money which was paid on account of the purchase price, and, upon the making of the contract, took possession of the property. cockrill had no interest in the land, and the prosecution maintained that he made the contract with the seller and intended to take the deed and hold the land in trust for ikada. but page 268 .....

Tag this Judgment!

Apr 13 1925 (FN)

Chas. Wolff Packing Co. Vs. Court of Indus. Rel.

Court : US Supreme Court

Decided on : Apr-13-1925

..... shown in the prior decision, the qualifications are rather illusory, and do not subtract much from the duty imposed. such a system infringes the liberty of contract and rights of property guaranteed by the due process of law clause of the fourteenth amendment. "the established doctrine is that this liberty may not be ..... . nebraska, ante, 262 u. s. 390 . while there is no such thing as absolute freedom of contract, and it is subject to a variety of restraints, they must not be arbitrary or unreasonable. freedom is the general rule, and restraint the exception. the ..... not change the essence of the act. it curtails the right of the employer on the one hand, and of the employee on the other, to contract about his affairs. this is part of the liberty of the individual protected by the guaranty of the due process clause of the fourteenth amendment. meyer v ..... company consistently with the protection page 267 u. s. 566 which the due process of law clause of the fourteenth amendment affords to the liberty of contract and rights of property. the question was answered in the negative, and the act was held invalid insofar as it gives that authority. the subject ..... error's packing page 267 u. s. 562 house, is in conflict with the fourteenth amendment, and deprives it of its property and liberty of contract without due process of law." that conclusion, without more, required a reversal of the judgment of the state court. the parts of the act permitting .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //