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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Year: 1900 Page 3 of about 84 results (0.040 seconds)

May 28 1900 (FN)

In Re Conway

Court : US Supreme Court

Decided on : May-28-1900

in re conway - 178 u.s. 421 (1900) u.s. supreme court in re conway, 178 u.s. 421 (1900) in re conway no. 9, original submitted april 9, 1900 decided may 28, 1900 178 u.s. 421 original syllabus a national bank was closed by order of the comptroller of the currency and a receiver appointed. an assessment was made upon the holders of stock. overton and hoffer were among those who were assessed, and payment not having been made, suit was brought against them. service page 178 u. s. 422 was made upon h., but not upon o., who was very ill, and who died without service having been made upon him. he left a will, under which j. p. o. was duly appointed his executor. the executor was summoned into the suit by a writ of scire facias. a motion was made to set aside the scire facias and the attempted service thereof, which motion was granted. the executor being substituted in the place of the deceased as defendant, the court decided that it had acquired no jurisdiction over the deceased, and could acquire none over his executor. thereupon the receiver applied to this court for a writ of mandamus to the judges of the circuit court of the united states for the ninth circuit commanding them to take jurisdiction and proceed against j. p. o. as executor of the last will and testament of o., deceased, in the action brought by the receiver to recover the assessments. held: (1) that mandamus was the proper remedy, and the rule was made absolute. (2) that the action of the circuit court in .....

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May 21 1900 (FN)

Moffett, Hodgkins and Clarke Co. Vs. Rochester

Court : US Supreme Court

Decided on : May-21-1900

..... , and, among other things, to construct a masonry conduit for a distance of 12,000 feet from hemlock lake northward, and proposed to enter into a contract therefor. the contract was known as contract no. 1. also to construct a riveted steel pipe conduit thirty-eight inches or forty inches in diameter commencing at the north end of the masonry conduit ..... equity, complainant submitted itself to abide by what that court should decree, and the alternative of a reformation of the proposals was certainly not their execution unreformed. by letting the contract to whitmore, rauber & vicinus, the city in effect evaded the restraining order, forestalled the action of the circuit court, and prevented the reformation of the proposals, and by ..... believe that the alleged mistakes were an afterthought, conceived when the complainant had become convinced by studying the proposals of its competitors that it could not profitably carry out the contract on the terms proposed." we are unable to concur in either of these conclusions. the mistake in tunnel excavations arose from inadvertently making the cost of one item -- mere ..... and terminating at mount hope reservoir, in the city -- length, about 140,000 feet. the contract was known as contract no. 2. voluminous specifications were prepared by the city in printed form, aggregating about 300 printed pages, page 178 u. s. 375 elaborately specifying, with infinite detail, .....

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May 21 1900 (FN)

Western Union Tel. Co. Vs. Ann Arbor R. Co.

Court : US Supreme Court

Decided on : May-21-1900

..... in legal effect a bill for the specific performance of the contract set up in the pleadings, and the prayer was for injunction against interference with complainant's alleged rights, and that defendant allow complainant to reconnect its said wires, and use ..... case within that category. these paragraphs were to the effect that complainant had accepted the provisions of the act of congress of july 24, 1866, and that, independent of the contract, it had "a right to maintain its telegraph line on what was formerly said frankfort & southeastern railroad, under the provisions of the statute of the united states." the bill was ..... the united states and the amendments thereto." the cause having been removed, defendant filed an answer and cross-bill, setting up the existence of a mortgage prior to the alleged contract and its foreclosure and other matters. certain facts were stipulated, and the cause submitted. the circuit court decreed a dismissal of the bill. from this decree an appeal was taken ..... railroad. and further, that the ann arbor railroad company purchased the road with full knowledge of complainant's rights, but that it insisted that it was not bound by the contract made with the frankfort & southeastern railroad company, and had given complainant written notice to that effect. the sixth and seventh paragraphs of the bill were as follows: "6th. your orator .....

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May 21 1900 (FN)

Mcdonnell Vs. Jordan

Court : US Supreme Court

Decided on : May-21-1900

..... , it was said: "the act of march 3, 1887, c. 373, corrected by the act of august 13, 1888, c. 866, was intended, as this court has often recognized, to contract the jurisdiction of the circuit courts of the united states, whether original over suits brought therein, or by removal from the state courts. it not only amends the act of .....

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May 14 1900 (FN)

Roehm Vs. Horst

Court : US Supreme Court

Decided on : May-14-1900

..... have been recovered in advance for the breach of the agreement to deliver during the two remaining years. but, treating the four outstanding contracts as separate contracts, why is it not equally reasonable that an unqualified and positive refusal to perform them constitutes such a breach that damages could be ..... whether the defendant would then receive it. the defendant might have chosen to take it, and would have been guilty of no breach of contract. his contract was not broken by his previous declaration that he would not accept." "and though some of the judges in the subsequent case of ..... .), lord campbell, after pointing out that at common law there were numerous cases in which an anticipatory act, such as an act rendering the contract impossible of performance, or disabling the party from performing it, would constitute a breach giving an immediate right of action, laid it down that ..... , and declined to avail himself of plaintiff's services. thereupon, and on may 22d, plaintiff brought an action at law for breach of contract in that defendant, before the said first of june, though plaintiff was always ready and willing to perform, refused to engage plaintiff or perform ..... roehm" "on october 9, 1896, horst brothers advised roehm of the shipment of twenty bales of hops for the october delivery, as called for by the contract, which roehm, by telegraph, refused to receive, and as supplementary thereto sent the following letter, dated october 24, 1896:" " gentlemen: yours of october 9 .....

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May 14 1900 (FN)

Smith Vs. Reeves

Court : US Supreme Court

Decided on : May-14-1900

..... u. s. 52 ; in re ayers, 123 u. s. 443 . those were cases arising under the constitution of the united states upon laws complained of as impairing the obligation of contracts, one of which was the constitutional amendment of louisiana complained of in the present case. relief was sought against state officers who professed to act in obedience to those laws ..... they had thought proper to do so, or prescribe new conditions upon which the suits might still be allowed to proceed. in exercising this latter power the state violated no contract with the parties; it merely regulated the proceedings in its own courts, and limited the jurisdiction it had before conferred in suits when the state consented to be a party ..... be modified afterwards if, upon experience, it was found that further provisions were necessary to protect the public interest, and no such contract can be implied from the law, nor can this court inquire whether the law operated hardly or unjustly upon the parties whose suits were then pending. that was a question ..... . the objection is that it was passed after the suit was instituted, and contained regulations with which the plaintiff could not conveniently comply. but the prior law was not a contract. it was an ordinary act of legislation, prescribing the conditions upon which the state consented to waive the privilege of sovereignty. it contained no stipulation that these regulations should not .....

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May 14 1900 (FN)

Knowlton Vs. Moore

Court : US Supreme Court

Decided on : May-14-1900

..... engaged in such commerce is not the subject of taxation by the several states, because congress may regulate interstate commerce? conveyances, mortgages, leases, pledges, and, indeed, all property and the contracts page 178 u. s. 60 which arise from its ownership, are subject more or less to state regulation, exclusive in its nature. if the proposition here contended for be sound ..... to, or divided amongst, the wife, children, or grandchildren of the person deceased intestate, or making such will or testamentary instrument, or any recognizance, bill, bond, or other obligation or contract, which shall be made to or with the united states, or any state, or for their use, respectively." [ footnote 3 ] act of june 13, 1898, c. 448. "sec. 29. that .....

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May 03 1900 (PC)

Ramabhadrachar Vs. Srinivasa Ayyangar and ors.

Court : Chennai

Decided on : May-03-1900

Reported in : (1901)ILR24Mad85

..... state that the lands are sold free from incumbrances. the total purchase price was rs. 10,500. nine days after the sale on august 18th, 1886, krishna ayyangar gave an indemnity bond (exhibit i) to the plaintiff, this bond, after reciting the mortgage to rangayya goundan and stating that rs. 5,000 is due in respect of krishna ayyangar's share ..... in equity by reason of the fact that he took with notice. see austerberry v. corporation of oldham l.r. 29 ch.d. 750 in our opinion there was no contract to the contrary within the meaning of section 82, and the plaintiff is entitled to rateable contribution.7. as regards the calculation of the contribution, the figures appear to be ..... ,626, a quarter of this amount, before he can claim contribution from the other properties.5. this question depends upon the construction of the words 'in the absence of a contract to the contrary' in section 82 of the transfer of property act. having regard to the principle upon which the equitable doctrine of contribution is based, as illustrated [in the ..... were only to be liable in the event of the security of the properties liable in the first instance being insufficient.6. in the present case the contract which, it is contended, is a 'contract to the contrary' which prevents the application of the doctrine of rateable distribution, was nothing move than a partition amongst the co-parceners of an undivided hindu .....

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Apr 30 1900 (FN)

Daggs Vs. Phoenix National Bank

Court : US Supreme Court

Decided on : Apr-30-1900

..... further agreed that from this date, november 1, 1894, a. j. daggs shall pay the costs that shall hereafter accrue in the said case." this contract, standing alone, establishes nothing definite, and appreciating this, the appellants attempt to explain it by a resort to what they allege to be the testimony ..... loan or forbearance of money at seven percent meeting the arguments of counsel upon a supposed difference between loans and discounts, and usurious and nonusurious contracts under the laws of the state in the transactions of natural persons, the learned justice who delivered the opinion of the court made some ..... follows:" "the court erred in not giving judgment for plaintiffs in error on their pleas in bar of the recovery of any interest for the reason that the contract with the national bank for ten percent interest is ultra vires. " " * * * *" "the second assignment of error as made by plaintiffs in error, ..... court below, and $500 as costs, and expended work and labor of the reasonable value of $500, and has performed all the conditions of said contract, but that plaintiff (appellant) has failed to perform the conditions on its part to the damage of defendant in the sum $10,122.55. for ..... at the time of the execution of the three promissory notes sued on, the plaintiff (appellee) and the defendant, a. j. daggs, entered into a contract in writing (a copy of which is attached to the answer, marked exhibit "b") wherein the plaintiff, as part of the consideration for the said three .....

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Apr 16 1900 (FN)

American Express Co. Vs. Michigan

Court : US Supreme Court

Decided on : Apr-16-1900

..... public policy as to particular corporations, but to enable such corporations to possess the power to shift the tax by increasing its charges, even although contracts or restrictions previously imposed might otherwise prevent. the right to shift by an increase of rates within what is reasonable can only be held to ..... on gross receipts substituted therefor, the express companies were authorized to add the result of the gross receipt tax to their charges, any law or contract to the contrary. but the implication deduced from the authority conferred by the statute of 1862 to shift the burden of the tax on gross receipts ..... about that result. it cannot be doubted that to adopt by implication the view pressed upon us would be to virtually destroy all freedom of contract, and in its final analyses would deny the existence of all rights of property. and this becomes more especially demonstrable when the nature of a ..... quoted which, by the widest conjecture, can be construed as expressly forbidding the person upon which the taxes are cast from shifting the same by contract or by any other lawful means. an inference to the contrary arises from the fact that the duty is imposed in the alternative on "any ..... below, involved a right, privilege, or immunity under the act of congress, which was specially set up and claimed by the express company, to contract with the shippers for the payment of the tax provided by the act of congress, or to increase its rate, within the limit of reasonableness, to .....

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