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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Year: 1900 Page 8 of about 84 results (0.041 seconds)

Feb 26 1900 (FN)

Baltimore and Ohio S.W. Ry. Co. Vs. Voigt

Court : US Supreme Court

Decided on : Feb-26-1900

..... could not have been compelled to grant." by the supreme court of indiana, in pittsburgh, cincinnati &c.; railway v. mahoney, 148 ind.196, it was held that railway companies may contract as private carriers in transporting express matter for express companies, and in such capacity may require exemption from liability for negligence as a condition to the obligation to carry, and ..... just, otherwise they will be regarded as extorted from the customers by duress of circumstances, and therefore not binding. 2. that all attempts of carriers, by general notices or special contract, to escape from liability for losses to shippers, or injuries to passengers, resulting from want of care or faithfulness cannot be regarded as reasonable and just, but as contrary to ..... put off the essential duties of his employment. and to assert that he may do so seems almost a contradiction in terms." the second fundamental proposition relied on to nullify contracts to relieve common carriers from liability for losses or injuries caused by their negligence is based on the position of advantage which is possessed by companies exercising the business of ..... and circumstances heretofore stated, by page 176 u. s. 505 invoking that principle of public policy which has been held to forbid a common carrier of passengers for hire to contract against responsibility for negligence. the circuit judge thought the case could not be distinguished from the case of railroad co. v. lockwood, 17 wall. 357, where a recovery was .....

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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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Feb 05 1900 (FN)

United States Vs. Tennessee and Coosa R. Co.

Court : US Supreme Court

Decided on : Feb-05-1900

..... along six miles, to say nothing of the large body of lands along the twenty miles referred to, but not in the 120 sections of place and indemnity certified before the war, and opposite uncompleted road in 1890." this, it is replied, is contradicted by the findings of the circuit court, and that the ..... due to him for work done prior to 1860. that he put forth every energy to build the road, and expended in the work under a contract with the company large sums of his private resources; that the company had no money and no other resources except said lands, and no means except ..... of the line of definite location of the road and within the primary granted limits. page 176 u. s. 246 it was further alleged that he contracted with the railroad company in 1859 to build the road; that in 1860 the company executed a mortgage upon its franchises and other property, especially upon the ..... receiver and an injunction and cancellation of the selections made by the company, the conveyances and contracts made by it, and for general relief. the exhibits a and b contain a list of lands respectively within the six and fifteen-mile limit, and ..... etc., railway company and the manhattan trust company are also made defendants on the ground that they claim an interest in a large part of the lands under contract with the tennessee & coosa railroad company, which it is averred were taken with knowledge of the rights of the united states. the prayer is for a .....

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Feb 01 1900 (PC)

Khedu Mahto Vs. Budhun Mahto

Court : Kolkata

Decided on : Feb-01-1900

Reported in : (1900)ILR27Cal508

..... code, which enacts that nothing contained in the code except as provided in the second paragraph of section 3 'shall be deemed to affect any law passed under the indian contract act, 1861, by a lieutenant-governor in council,' i am quoting only so much of the provision as bears upon this case, 'prescribing a special procedure for suits between landholders .....

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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 22 1900 (FN)

Dickerman Vs. Northern Trust Co.

Court : US Supreme Court

Decided on : Jan-22-1900

..... of common stock, and with a bonded indebtedness of one million dollars. this clause, of itself, as well as the whole scheme of the contract, indicates that a large number of similar options were to be obtained, and that one or more large corporations was to be organized to conduct the ..... upon the day the proposition was received, had another meeting and instructed themselves as directors to accept. they authorized beard as president to enter into a contract with stein, which was accordingly done. stein and wife acknowledged it before a clerk in the office of the chicago firm. this board of directors ..... under the statute of illinois, or an action against a member of the combination to enforce any of the provisions of the original contract, the validity of such contract would become an important question. but, in a suit to foreclose a mortgage upon the property of the concern, it is difficult to ..... it would be necessary to provide $1,000,000 to purchase the property and furnish the running capital; that the combination thereupon caused the option contracts to be transferred to one emanuel stein, and then arranged to divide up and to fraudulently appropriate to themselves $2,113,000 of the capital ..... the summer of 1892, to purchase seventy paper mills with their plants, appliances, and goodwill by means of securing from their respective owners option contracts whereby each owner agreed to sell his property to the combination for a stated sum in cash, and the residue in the capital stock of .....

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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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