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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1929 Page 1 of about 31 results (0.066 seconds)

Nov 25 1929 (FN)

Herbring Vs. Lee

Court : US Supreme Court

Decided on : Nov-25-1929

..... ) it shall be unlawful for any fire insurance company doing business in the state of oregon to write, place, or cause to be written or placed, any policy or contract for indemnity or insurance on property situated or located in the state of oregon except through or by the duly authorized agent or agents of such insurance company residing and doing business .....

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Apr 08 1929 (FN)

London Guar. and Acc. Co., Ltd. Vs. Indus. Accident Co., Ltd.

Court : US Supreme Court

Decided on : Apr-08-1929

..... compensation act from a shipbuilder for injuries which a carpenter received while he was working on an unfinished vessel moored in the willamette river. the contract for constructing the vessel was nonmaritime, and although the uncompleted structure upon which the accident occurred was lying in navigable waters, neither page 279 ..... workmen's compensation under a state statute could not be awarded for the death of a workman killed while engaged at maritime work under a maritime contract upon a vessel moored on navigable waters and discharging her cargo. in robins dry dock co. v. dahl, 266 u. s. 449 , ..... writing, and that such a contract was not subject to state limitation, because such limitation would materially prejudice the characteristically uniform features of the general maritime law. the same principle ..... harmony and uniformity of maritime law. in union fish co. v. erickson, 248 u. s. 308 , it was held that a maritime contract of employment was not affected by the california statute of frauds requiring such an agreement where not to be performed within a year to be in ..... the local statute, that they had not consciously contracted in view of admiralty, and such an exception would not injure any characteristic feature of the general maritime law or the harmony or uniformity of that law in its international and state relations. in millers' indemnity underwriters v. braud, 270 u. s. .....

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Mar 05 1929 (FN)

Flink Vs. Paladini

Court : US Supreme Court

Decided on : Mar-05-1929

..... in excess of the fund he is willing to risk in the enterprise," 26 f.2d 24; richardson v. harmon, 222 u. s. 96 , 222 u. s. 103 ; hartford accident & indemnity co. v. southern pacific co., 273 u. s. 207 , 273 u. s. 214 . for this purpose, no rational distinction can be taken between several persons owning shares in a vessel ..... that the stockholders of a. paladini, inc., were not the owners of the henrietta, and that their liability under the law of california was an independent one voluntarily assumed by contract, with which the acts of congress do not interfere. the circuit court of appeals disposed of the case after a thorough discussion. it is unnecessary to do more than to ..... the state, article xii, 3, and the civil code, 322, which provide that each stockholder shall be individually and personally liable for such proportion of all its debts and liabilities contracted during the time he was a stockholder as the amount of stock owned by him bears to the whole of the subscribed capital stock. the respondents took proceedings in the .....

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Dec 06 1929 (FN)

Wells Fargo and Co. Vs. Taylor

Court : US Supreme Court

Decided on : Dec-06-1929

..... no statute regulating the subject, it is settled by the decisions of this court, and is recognized in other jurisdictions, that the messenger's agreement was a valid and binding contract whereby taylor agreed to assume all risk of injury incident to his employment, from whatever cause arising, assented to the contractual arrangement between the two companies in respect of such ..... officers, agents, or employees, or from any defect or insufficiency, due to its negligence, "in its cars, engines, appliances, machinery, track, roadbed," etc., and, in 5, it declares that any contract whereby a common carrier exempts itself from "any liability created by this act" shall to that extent be void. in his declaration in the state court, taylor did not claim ..... petition was denied. the railroad company, by its answer and evidence, sought to avail itself of the stipulation in the messenger's agreement, in connection with those in the other contract, but the court ruled against it, and taylor obtained the judgment before mentioned. what has been recited will conduce to a right understanding of another suit, the decree in which ..... the facilities furnished and service rendered by the railroad company, (b) to assume all risks, losses, and damages to its own property, express matter, and valuable packages transported under the contract, (c) to assume all risk and damage to its agents and employees while engaged in its business on the trains or property of the railroad company, and (d) to indemnify .....

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Dec 02 1929 (FN)

Railroad Commission Vs. Los Angeles Ry. Corp.

Court : US Supreme Court

Decided on : Dec-02-1929

..... observed. even if necessary to decide the question, i would not be prepared to say that the refusal of the commission to fix a fare different from the contract rate would destroy the contract. by contracting for a five-cent fare, the railway company waived the protection of the due process clause of the fourteenth amendment. columbus ry. co. v. columbus, ..... preliminary to the whole case is whether the railroad company has bound itself to serve for a five-cent fare. i know of no principle of the law of contracts, qua contracts, which would preclude its doing so, even though the city had no power to obligate itself to maintain any particular rate. it has not purported to exercise such ..... and determine the charges for telephones and telephone service and connections.' this is an ample authority to exercise the governmental power, . . . but entirely unfitted to describe the authority to contract. it authorizes command, but not agreement." section 470 of the civil code (march 21, 1872), cited by appellants, merely regulates procedure. section 497 authorizes political subdivisions to grant authority ..... requiring the sale of such franchises upon advertisement stating the character of the franchise or privilege proposed to be granted, but nowhere expressly empowering the city to establish rates by contract, and the amendment thereof, june 8, 1915 (stats.1915, p. 1300), which authorizes grantors of such franchises to impose such additional terms and conditions, whether "governmental or .....

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Nov 25 1929 (FN)

United States Vs. Erie Railroad Company

Court : US Supreme Court

Decided on : Nov-25-1929

..... named in the contract. it ships to the broker the ordered quantities marked with a brand, but not so as to show the individual customer, and cables the broker when the shipment is made, ..... mills which he represents, naming the prospective purchaser. if the offer is accepted, the broker so informs the company and then makes a contract with it in his own name, sending a copy to the mill. the contract provides for shipment from abroad during a specified period and delivery at the agreed price, on dock new york harbor. the mill is not .....

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Oct 14 1929 (FN)

Gonzalez Vs. Roman Catholic Archbishop of Manila

Court : US Supreme Court

Decided on : Oct-14-1929

..... proper church tribunals on matters purely ecclesiastical, although affecting civil rights, are accepted in litigation before the secular courts as conclusive, because the parties in interest made them so by contract or otherwise. [ footnote 3 ] under like circumstances, effect is given in the courts to the determinations page 280 u. s. 17 of the judicatory bodies established by clubs and civil ..... by the new codex then otherwise in force. the supreme court held that to give effect to the provisions of the new codex would not impair the obligation of the contract made in 1820, as it was an implied term of the deed of foundation that the qualifications of a chaplain should be such as the church authorities might prescribe from ..... proper church tribunals on matters purely ecclesiastical, although affecting civil rights, are accepted in litigation before the secular courts as conclusive, because the parties in interest made them so by contract or otherwise. p. 280 u. s. 16 . page 280 u. s. 2 5. pursuant to the will of its foundress, a perpetual collative chaplaincy was established in 1820. such a .....

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Jun 03 1929 (FN)

Kirk Vs. Maumee Valley Elec. Co.

Court : US Supreme Court

Decided on : Jun-03-1929

..... to furnish not water power, but a navigable highway for the transportation of persons and property. the authority of the board of public works to contract in respect to power was expressly confined to such water as remained after the wants of navigation had been supplied, and it never could have ..... what the state has granted, it may not take away, but the exercise of powers reserved to it under the grant cannot infringe either the contract or due process clauses of the constitution. the section of the canal now in question was originally constructed and operated by the state as a ..... not appear that the city threatens to violate the decree, or that there are any circumstances entitling appellee to any further relief against it upon the contract for its benefit, or that the state, through its legislation and conveyance of lineal part 1 to the city of toledo, intended to surrender or ..... purpose of constructing a highway upon the lands occupied by the canal. held: 1. that such abandonment did not impair the obligation of the contracts in the leases or deprive the lessee of property without due process, the leases being only incidental to the use and maintenance of the canal ..... state whenever its use for hydraulic purposes should injuriously affect navigation. having acquired leases under the act and improved the canal at large expense under a contract with the state, the plaintiff employed the water leased in the business of generating and selling electricity. later, an act of may 11, 1927, .....

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May 27 1929 (FN)

Gulf Refining Co. Vs. Atlantic Mut. Ins. Co.

Court : US Supreme Court

Decided on : May-27-1929

..... respondent paid only $3,258.25, that portion of the indemnity claimed which the agreed policy value bore to sound value at the time of the contribution, or that portion of the general average contribution which the ..... for purposes of computation of the insurance liability, the cargo shall be taken at an agreed value. within this limitation, the policy is still a policy of indemnity, and the insured must prove the sound value of the cargo, in order to ascertain his actual loss, by deducting from it the amount of the proceeds ..... assignable page 279 u. s. 712 purpose of the agreed value is to substitute a definite for an uncertain prime value, and to eliminate from the contract, in the interest of both the insured and the insurer, the fluctuation of liability which would otherwise result from a change in sound value. to allow ..... valuation clause estops the insurer from showing that the sound value of the cargo was greater than the agreed value, and so reducing the amount of its indemnity; also that the rule to be applied to the present case should be the same as that applied to insurance on hulls, where the insured is ..... on the basis of the actual value of the cargo at destination, which was taken to be $417,178. petitioner made claim on the policy for indemnity of $6,411.54, the proportion of the general average contribution which the amount of the policy bore to the agreed policy value of the cargo. .....

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May 20 1929 (FN)

Marshall and Co. Vs. S.S. president Arthur

Court : US Supreme Court

Decided on : May-20-1929

..... otherwise would have had. 2. holding that the lien was waived, it becomes unnecessary to determine whether the deliveries of the endorsed acceptances constituted under the contracts payments of the purchase price which would have extinguished the lien. the decree is affirmed. [ footnote 1 ] 36 stat. 604, c. 373. [ ..... 757 (1875), the libellant, before making repairs on the vessel page 279 u. s. 571 at her home port, had entered into a written contract specifying that they were to be paid for partly in cash and partly in endorsed notes -- that is, negotiable notes, with personal security. miller, circuit ..... acceptance in a state court, against the endorsers only. this is still pending and undetermined. the questions presented here are: whether, under the contracts, the company waived the maritime lien which it would otherwise have had on the steamship to secure the payment of the purchase price, and, ..... the line gave the company its two trade acceptances endorsed by the three designated persons, these being consolidations of the four acceptances required by the two contracts. the acceptance for $11,794.54, first maturing, was duly paid. the acceptance for $9,382.62, maturing later, was not paid, ..... obtained by discounting the acceptances, thus endorsed, prior to their maturity. thereupon, in february and march, 1925, the parties entered into two written contracts for the coal. each of these provided that the company should sell and the line, as owner of the steamship, should buy at a .....

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