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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Year: 1900 Page 5 of about 84 results (0.049 seconds)

Feb 26 1900 (FN)

Matteson Vs. Dent

Court : US Supreme Court

Decided on : Feb-26-1900

..... the association shall be impaired." " * * * *" "sec. 5151. the shareholders of every national banking association shall be held individually responsible, equally and ratably, and not one for another, for all contracts, debts, and engagements of such association, to the extent of the amount of their stock therein at the par value thereof, in addition to the amount invested in such shares ..... taken place at the time of the allotment. the contention is next made that, conceding there was a debt of the estate and granting that the statute embraced a preexisting contract obligation which had not ripened into an actual demand because insolvency had not taken place, nevertheless the court below erred because, by the effect of the allotment, the estate ..... brought, after return of execution unsatisfied, to recover the same debt from the personal representatives of the estate of one kirkpatrick, on the ground that, when such indebtedness was contracted, the estate of kirkpatrick was a stockholder, and as such personally liable under the charter of the company. kirkpatrick had died intestate in 1832, and the stock stood on ..... statute to indicate that the obligation arising upon these undertakings and promises should not have the same force and effect, and be as binding in all respects, as any other contracts of the individual stockholder. we hold, therefore, that the obligation of the stockholder survives as against his personal representatives. flash v. conn, 109 u. s. 371 ; hobart v. johnson .....

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Feb 26 1900 (FN)

Adirondack Ry. Co. Vs. New York State

Court : US Supreme Court

Decided on : Feb-26-1900

..... general rule on that subject. in any view, we think that the proceedings on the part of the state impaired the obligation of no contract between it and the railway company. counsel concedes that the sovereign power of eminent domain is inherent in government as such, requiring no constitutional recognition ..... of to take away property already acquired, or to deprive a corporation page 176 u. s. 345 of the fruits already reduced to possession of contracts lawfully made. but the capacity to acquire land by condemnation for the construction of a railroad attends the franchise to be a railroad corporation, and ..... said company acquired title to said railroad property and franchises -- namely, beyond north creek, in the county of warren. counsel argue that the contract with the state was that plaintiff in error should avail itself of the grant and complete the road within ten years from the filing of its ..... court, and thinks that the proceedings on the part of the state which are complained of in this case impaired the obligation of no contract between it and the railway company. the necessity or expediency of appropriating particular property for public use is not a matter of judicial cognizance, ..... power to amend or repeal a statute cannot be availed of to take away property already acquired or to deprive a corporation of fruits of contracts lawfully made already reduced to possession, the capacity to acquire land by condemnation for the construction of a railroad attends the franchise to be a .....

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Feb 20 1900 (FN)

Walsh Vs. Columbus, Hocking Valley and Athens R. Co.

Court : US Supreme Court

Decided on : Feb-20-1900

..... but of everyone who incidentally profited by their preservation, it is impossible to escape the conclusion that their subsequent abandonment impaired the obligation of such contract. but we think the supreme court of ohio was clearly right in its interpretation of the statute. the principal object of the act was ..... state bank of ohio v. knoop, 16 how. 369; bridge proprietors v. hoboken co., 1 wall. 116. this rule also applies to a contract alleged to be raised by a state statute, although the general principle is undoubted that the construction put by state courts upon their own statutes will ..... forever remain public highways for the use of the government of the united states," and the acceptance thereof by the general assembly, constitute a contract by the state for the perpetual maintenance of such canals as public highways, at least until they were given up by consent of the united ..... the abandonment of the canal, conflicts with that clause of the constitution which provides that "no state shall pass any law impairing the obligation of contracts," and also with several provisions of the constitution of ohio not necessary to be here enumerated. a general demurrer was filed to this petition, ..... of the same to a railroad company. held that there was reason to claim that the act of 1894 impaired the obligation of the previous contract between the state and the federal government, and that a federal question was thereby raised. held further that, in accepting the congressional land grant .....

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Jan 29 1900 (FN)

Lackawanna Iron and Coal Co. Vs. Farmers' L. and T. Co.

Court : US Supreme Court

Decided on : Jan-29-1900

..... mortgage, and covering the waco division and 6,000 acres of land per mile of completed road; 6. a mortgage dated may 7, 1877, commonly known as the income and indemnity mortgage, and covering all the property of the railway company; 7. a mortgage dated april 1, 1881, commonly known as the general mortgage, and covering all the property of the ..... as was not satisfied at maturity was extended until, in process of settlements and extensions, the railway company, in the satisfaction of the balance due the lackawanna company under the contract, executed its eight promissory notes payable four months from their respective dates, with six percent interest from maturity. these notes aggregated $118,000. in the negotiations resulting in this ..... the southern development company. on the 30th day of october, 1883 -- nearly six years before the present foreclosure suit was brought -- the lackawanna company and the railway company made another contract in addition to those above mentioned, under which the former delivered to the latter, during the months of february, march, april, and may, 1884, 8,552 tons of steel rails ..... the appointment of a receiver in this cause. then there is the circumstance that the lackawanna company, during the negotiations resulting in the execution of renewal notes under the second contract for rails, demanded and received collateral security to a large amount from the railroad company -- a circumstance tending to show that it did not regard itself as entitled to an .....

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Jan 29 1900 (FN)

Southern Railway Co. Vs. Carnegie Steel Co.

Court : US Supreme Court

Decided on : Jan-29-1900

..... by and assented to -- indeed, approved -- the application for the benefit of the bondholders represented by it of funds which should have been applied in payment of current debts contracted in the interest of mortgage creditors before the appointment of receivers in the clyde suit. suppose the court had directed the receivers in the clyde suit, before turning over the ..... represented. in the suit instituted by clyde and others, the carnegie steel company, limited, filed with the master commissioner, october 14, 1892, its claims arising out of certain contracts made between that company and the danville railroad company in 1891 for steel rails delivered to the latter between july 25, 1891, and october 10, 1891. the facts relating to ..... by the danville company, together with all steamers, wharves, and other properties held in connection therewith, and all moneys, choses in action, credit, bonds, stocks, leasehold interests, or operating contracts, and other assets of every kind, and all other property, real, personal, and mixed, owned, held, or possessed by that company. it was further provided in the order of ..... equipment, page 176 u. s. 266 material, machinery, supplies, moneys, accounts, choses in action, and assets of every description and wherever situated, together with all leasehold rights and contracts, with authority to manage and operate the same as the officers of and under the direction of the court, and that all the officers, managers, superintendents, and employees of the .....

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Jan 10 1900 (PC)

New York Life Insurance Company Vs. Phoebe Stella Gamble

Court : Kolkata

Decided on : Jan-10-1900

Reported in : (1900)ILR27Cal593

..... and the company is to be avoided. ]?or my own part, i should have thought and think that, when the company had put in the contract between the parties, and shown, as they did, that, in important particulars, many of the statements and representations made by the assured were untrue, ..... company liable on the policy brushing aside and treating, as of no import whatever, the statements and representations which form the very basis of the contract.20. but gamble's agreement did not stop here; there is another and an extremely important feature in it. he agreed for the reason which ..... that the statements and representations contained in his application, 'together with those made to the medical examiner by me,' should be the basis of the contract between the parties. he warranted them to be full, complete, and true, whether written by his own hand or not, and that the warranty was ..... adduce evidence in support of the allegations in paragraph 8 of the plaint, and taking it that the plaintiff is bound by the terms of the contract between gamble and the company, i will, first, consider whether the statements and representations made by the assured, both in his applications and declaration to ..... that the statements and representations contained in the foregoing application, together with those made to the medical examiner by me, shall be the basis of the contract between me and the new york life insurance company; that i hereby warrant the same to be full, complete, and true, whether written by .....

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Jan 08 1900 (FN)

Canada Sugar Refining Co. Vs. Insurance Co.

Court : US Supreme Court

Decided on : Jan-08-1900

..... in some of the cases, between an actual and a technical total loss, we think it evident that the refining company would not receive the indemnity for which it bargained and paid unless it is permitted to recover in the present case. by such recovery it will not receive more than will ..... abandonment to the insurance company of north america. in mumford v. page 175 u. s. 619 hallett, 1 johns. 433, where there were separate contracts of insurance on cargo and on profits and where it was contended that the assured, by having abandoned the goods to the underwriter, had disabled himself ..... ship john e. sayre, having on board a cargo of sugar belonging to the canada sugar refining company, sailed from iloilo for montreal. by several contracts of insurance between the refining company and the atlantic mutual insurance company, the latter had insured the former against the loss of the cargo in the sum ..... the court. the district court held that by the stranding of the vessel john e. sayre, there had been caused, under the provisions of the contract of insurance between the canada sugar refining company and the insurance company of north america, a total loss of profits, and accordingly entered a decree ..... on her voyage, stranded on the coast of newfoundland, became a total loss, and the voyage came to an end. the master, representing all concerned, contracted with local fishermen to give them one-half of the sugar they could save. on july 8, 1893, the insurers of the cargo, having been notified .....

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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)

The Carlos F. Roses

Court : US Supreme Court

Decided on : May-14-1900

..... are stated by the supreme court in the frances, 8 cranch 418. it is there said that" "cases of liens created by the mere private contract of individuals, depending upon the different laws of different countries, are not allowed, because of the difficulties which would arise in deciding upon them, and ..... of the ship, because the owner of the ship has the cargo in his possession, subject to that demand by the general law, independent of all contract. . . . but it is a proposition of a much wider extent which affirms that a mere right of action is entitled to the same favorable ..... . . . . but in cases of liens created by page 177 u. s. 667 the mere private contract of individuals, depending upon the different laws of different countries, the difficulties which an examination of such claims would impose upon the captors, and even upon the ..... but this doctrine is unknown in prize courts unless in very peculiar cases, where the lien is imposed by a general law of the mercantile world, independent of any contract between the parties. such is the case of freight upon enemies' goods seized in the vessel of a friend, which is always decreed to the owner of the vessel ..... be so framed as that no powers belonging to this court can enable it to examine them with effect. they are private contracts, passing between parties who may have an interest in colluding; the captor has no access whatever to the original private understanding of the parties in .....

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May 14 1900 (FN)

Osborne Vs. San Diego Land and Town Co.

Court : US Supreme Court

Decided on : May-14-1900

..... , six percent annual interest upon the company's estimate of the value of such right. the price was first fixed at fifty dollars, afterwards at one hundred dollars, and the contract in addition providing for the sale of the water right contained the following provision: "in consideration of the foregoing stipulations and agreements, the party of the second part agrees and ..... of their property without due process of law, and violate also certain provisions of the constitution of the state of california. it is further contended by appellants that conceding a contract cannot be made between "water corporations" and their customers for a particular rate which will preclude regulation by the state, that, until such regulation the parties -- company and consumers -- may ..... described by appellants), "incorporeal interests in the corporeal property of a water system annexed to lands irrigated by that system." being such, the corporation may sell them, the landowner may contract for them -- page 178 u. s. 33 may buy them outright and free himself wholly from annual rates, or may stipulate for a particular rate. in other words, that ..... that such easement should be used only upon the terms and conditions that the owners render net annual receipts and profits upon the value thereof in perpetuity, or to prohibit contracts respecting the annual receipts, or to extinguish and satisfy the right of the company to such net annual receipts, the same was unconstitutional and void, and in conflict with .....

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