Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1900 Page 2 of about 84 results (0.051 seconds)

Oct 16 1900 (FN)

Saxlehner Vs. Eisner and Mendelson Co.

Court : US Supreme Court

Decided on : Oct-16-1900

..... that plaintiff is estopped by their act in further asserting title to them. this defense presupposes that the apollinaris company had power to bind saxlehner by its admission and contract. certainly the contract gave it no such power in express terms. saxlehner did not purport to make page 179 u. s. 34 the company his agent. he agreed to sell the ..... the american market. a narrow strip on the top of the label was added, containing the imprint of the apollinaris company as importers, and from 1876, the date of the contract, until 1886, the business was carried on by the apollinaris company in this country without any important competitors. in 1886, however, mattoni & wille began to consign "hunyadi matyas" bitter ..... 1877, they began selling these waters in hungary, claiming certain specific differences of composition of the various waters which recommended them for different purposes. in february, 1876, saxlehner made a contract with the apollinaris company, limited, of london, by which that company agreed to purchase a certain quantity yearly, and saxlehner bound himself for a term, which finally expired in 1896 ..... with the labels and capsules affixed thereto as before stated, with the knowledge, consent, and acquiescence of saxlehner and his agents; that defendant, a pennsylvania corporation, entered into a contract with the owners of the "hunyadi matyas" spring, and obtained the exclusive right to import their waters into the united states for the term of twenty-five years; that in .....

Tag this Judgment!

Mar 19 1900 (FN)

Waters-pierce Oil Co. Vs. Texas

Court : US Supreme Court

Decided on : Mar-19-1900

..... think proper to impose. they may exclude the foreign corporation entirely, they may restrict its business to particular localities, or they may exact such security for the performance of its contracts with their citizens as in their judgment will best promote the public interest. the whole matter rests in their discretion." and it was also decided that a corporation did not ..... error express in various ways the alleged discriminations of the statutes between persons and classes of persons and the alleged deprivation of many persons of the right and liberty of contract, while permitting such right and liberty to others; the denial to foreign corporations of the right to do any business in the state, interstate or otherwise; the assumption by the ..... corporation dealing in oils in competition with the defendant. the names of some of the persons and merchants are given. that about the year 1890, the defendant company entered into contracts with certain jobbers and merchants of the city of brownsville, whereby they respectively agreed to buy all the oil needed in their respective businesses of the defendant company for various ..... others through its agents in this state, in consideration of a small rebate on the oil purchased, or for other considerations unknown to the plaintiff, whereby the said merchants have contracted not to buy any oil from any other person, or corporation, but will "deal with and buy and sell oils obtained from said defendant company exclusively," and in some instances .....

Tag this Judgment!

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 .....

Tag this Judgment!

Apr 09 1900 (FN)

Minneapolis and St. Louis Ry. Co. Vs. Gardner

Court : US Supreme Court

Decided on : Apr-09-1900

..... extended, either directly or by means of intervening lines. such acquisition shall be made upon such terms as shall be agreed upon by a contract in writing between the respective corporations. but the same shall not be consummated until first approved by two-thirds in amount of the stockholders of ..... new corporation created by the consolidation. if it is identical, it is argued, with the original company, its stockholders are exempt because its charter contract is older than the constitution of the state. if it is a new company, its stockholders are nevertheless exempt because it is the settled law ..... . page 177 u. s. 341 the territorial act of 1853 by which the minnesota western railroad was incorporated is claimed primarily to be the contract which is impaired. it gave immunity to the stockholders of that company from liability for the corporate debts, or rather did not impose such liability ..... was not in violation of section 10, article i, of the constitution of the united states, and did not impair the obligations of the contract between the state and plaintiffs in error, embodied in the act of 1881. also that the consolidation of the several railroad corporations pursuant to the ..... 10, article 1, of the constitution of the united states in that the provisions of section 3, article 10, impaired the obligation of the charter contract contained in chapter 66, laws of 1853, territory of minnesota. also in holding that the constitutional provision of the state, if applied to defendant in .....

Tag this Judgment!

Dec 03 1900 (FN)

Stearns Vs. Minnesota

Court : US Supreme Court

Decided on : Dec-03-1900

..... receipt tax was an exemption, it was void because repugnant to the constitution of the state. if so void, it did not create a contract, within the contract clause of the constitution of the united states, for rights protected from impairment could not flow from an act which had no legal existence. ..... accepted the trust created by the act of congress. acceptance by a trustee of the obligations created by the donor of a trust completes a contract. such contracts, as we have seen, have been frequent in the history of the nation, and their page 179 u. s. 250 validity has not ..... leaning is towards the interpretation placed by the state court, such leaning cannot relieve us from the duty of an independent judgment upon the question of contract or no contract. in douglas v. kentucky, 168 u. s. 488 , this question was considered at length, and, by mr. justice harlan, after a ..... was such an amendment within the contemplation of the constitutional provision of 1871? it may seem a not unreasonable modification to exempt from the contract such property as is not used for railroad purposes, but would not the legislation assume a different aspect if it had subjected to ordinary taxation ..... exempt the railroad, its appurtenances, and other property, from all taxation, and from all assessments, both general and local. this modification of the original contract was prohibited by no provision of the constitution, and the enactment of march 4, 1864, in this regard has not only been uniformly recognized and .....

Tag this Judgment!

Sep 11 1900 (PC)

Venkatalutchmi Ammal Vs. Srirungapatnam Srinivasamurthy

Court : Chennai

Decided on : Sep-11-1900

Reported in : (1901)11MLJ91

..... of the judgment is, to say the least, consistent with the existence of the opinion on the part of the judicial committee, that the making of the contract not being a part of the cause of action, the fact that it was made out of the jurisdiction wars immaterial, and did not preclude the court ..... considered the place where it was made to be a matter perfectly indifferent. the suit was not one for a breach of any term of the partnership contract, but rather as appears what in english pleading would be called an action on an account stated, the statement of such account having taken place within the ..... , the first of them.' the decision may rather, it seems to me, be treated as one involving this, that in such circumstances as there existed, the contract of partnership on the footing of which transactions were engaged in, was not a part of the cause of action, and that not being a part of the ..... performed is 'its seat and the place of jurisdiction. that place of expected performance may be determined by the circumstances of the case, and 'in a contract of partnership its main seat is the place at which 'each of the partners is be und to pay what may be due.with all respect for the ..... ' as used in the earlier county courts act and the common law-procedure act, 1852. the law, however, at any rate as regards actions founded on contract, is now well settled. the most recent english decision with reference to a cause of action arising within specified local limits is the decision of the court of .....

Tag this Judgment!

Dec 17 1900 (FN)

Huntting Elevator Vs. Bosworth

Court : US Supreme Court

Decided on : Dec-17-1900

..... it will be observed that the several provisions of the contract clearly subject the peoria company to all the risk resulting from those acts which that company was obliged to perform as a common carrier before it could effect delivery to ..... [the terminal association] to be governed in making its collections [for cars moved] by instruction shown on billing to it as to who should pay." from this analysis of the contract, it results that the obligations which it imposed were entirely in accord with the conception naturally suggested by the general considerations to which we adverted before approaching the text. for ..... the peoria company "facilities," not to cause the terminal association to become responsible for the peoria company, whilst the latter was making use of the facilities given to it. the contract also expresses the purpose thus declared in the preamble -- that is, that the facilities are to be furnished to the peoria company. the agreement is not that the terminal ..... be entered into are rightfully to be borne in mind as means of interpretation if ambiguity exists. we hence recall the facts to which we have previously referred. when the contract was executed, although the terminal association possessed extensive terminal facilities at east st. louis, the peoria company had no means whatever for handling the freight business coming in or going .....

Tag this Judgment!

Dec 08 1900 (PC)

immudipatian Thirugnana Kondama Naik and anr. Vs. Periya Dorasami and ...

Court : Chennai

Decided on : Dec-08-1900

Reported in : (1901)ILR24Mad377

..... was effected in the mode required by law; and that the intended transferee cannot now call for implement of the intention because he fails to show any contract founded on valuable consideration.18. the mortgagee has been added as a respondent in these appeals. mr. mayne now asks that he may be relieved from ..... transfer.16. with such imperfect evidence on the face of the documents it was imperative on the defendant that in order to avail himself of an antecedent contract he should, by his pleadings and evidence, have put it in a proper course of trial. not having done so, he has been rightly adjudged to ..... mr. mayne has argued the case very fully on the supposition that it is open. so treating it their lordships cannot find that the existence of a contract for valuable consideration between the defendant and ovala is proved by the mortgage deed. it is suggested that the transfer was part of a general family arrangement ..... was not put in that way in the court below, and that no evidence was tendered upon it. clearly it was for the defendant to allege a contract between himself and ovala, founded on valuable consideration, that ovala should cease to be owner and that he should become owner. in the absence of such ..... . it is contended that though the mortgage may fall short of an actual transfer it shows a good contract for one and that the defendant may now call upon ovala's heir to implement that contract. certainly if such a right exists it would be an answer to the plaintiff's claim and the .....

Tag this Judgment!

Dec 03 1900 (FN)

Abraham Vs. Casey

Court : US Supreme Court

Decided on : Dec-03-1900

..... wife of cavailhez, and that all the parties, cavailhez, earnestine diaz, remick, and the daughter marcelline, had conspired for the purpose of concocting the sale to remick and the marriage contract as an efficacious means of depriving complainant of her share in the community as the lawful wife of cavailhez. the sole defendant to the bill was marcelline cavailhez, the widow ..... intended wife as her paraphernal property. both the act of sale to remick from cavailhez and the marriage contract were duly recorded. earnestine diaz, the reputed wife of cavailhez, died sometime before 1882. cavailhez died in 1882, and remick, the son-in-law, died shortly afterwards in the same ..... proposed marriage. jean b. cavailhez and his wife, earnestine diaz, became parties to the contract, and gave to their daughter marcelline, as her separate property, the note for $7,000 which had been furnished by remick, who became responsible for the amount thereof to his ..... was passed (the 19th of august, 1869), in view of a marriage contemplated to take place between clarke h. remick and marcelline cavailhez, a marriage page 179 u. s. 211 contract was entered into between them, determining, as allowed by the laws of louisiana, the rules which should govern the property relations of the prospective spouses during the existence of the .....

Tag this Judgment!

Mar 12 1900 (FN)

illinois Central R. Co. Vs. Chicago

Court : US Supreme Court

Decided on : Mar-12-1900

..... with. 1. the ultimate jurisdiction of this court is invoked by the allegation of the bill that the above provision of the railway's charter was and is an irrevocable contract between the state of illinois and the complainant, conferring upon it "a vested and continuing right to use the shallow waters and submerged lands of lake michigan for such purposes ..... its right to use the submerged land of lake michigan for the purpose of constructing and using engine houses, shops, and other buildings thereon, etc., impairs the obligation of the contract created by said charter," etc. the answer of the city avers that under an act of the general assembly of the state approved april 10, 1872, it was empowered "to ..... . as was said in the case just decided of walsh v. columbus, hocking valley & athens railroad co., ante, 176 u. s. 469 , and the prior cases therein cited, whenever a contract created by a state statute is alleged to have been impaired by subsequent legislation, it is for this court to determine the proper construction of such statute, as well as .....

Tag this Judgment!


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