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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1900 Page 3 of about 84 results (0.038 seconds)

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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Dec 21 1900 (FN)

Workman Vs. New York City

Court : US Supreme Court

Decided on : Dec-21-1900

..... were selected and paid by the city; all the expenses of the department of every kind and nature were to be borne by the city, which was bound by all contracts made for such purpose; all the property of the department, including the fire boats, belonged to the city, and the page 179 u. s. 565 city was liable in case ..... vessel in her home port was immaterial, "and that the admiralty courts of the united states, enforcing the lien because it is maritime in its nature, arising upon a maritime contract, must give it the rank to which it is entitled by the principles of the maritime and admiralty law." true, it is well settled that, in certain cases where a ..... of those who had furnished necessary materials, repairs, and supplies for such vessel in her home port, but that the district courts of the united states, having jurisdiction of the contract as a maritime one, might enforce liens given for its security, even when created by the state law. in the course of the opinion, speaking through mr. justice bradley, the ..... each other or with foreign states." in liverpool steam co. v. phenix insurance co. (1889), 129 u. s. 397 , 129 u. s. 443 , a maritime contract executed in new york was held to be an american contract, and the local law of new york was declared not to govern in its construction. in butler v. boston steamship company (1889), 130 u. s .....

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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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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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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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Mar 08 1900 (FN)

Aldrich Vs. Chemical National Bank

Court : US Supreme Court

Decided on : Mar-08-1900

..... which it was said: "the right to a recovery of the property transferred under an illegal contract is founded upon the implied promise to return or make compensation for it." in dittey v. dominion national bank of bristol, 75 f. 769, 771, which was ..... to make compensation for, property or money which it has no right to retain. to maintain such an action is not to affirm, but to disaffirm, the unlawful contract." this principle was recognized and enforced in pullman's car company v. central transportation company, 171 u. s. 138 , 171 u. s. 151 , in ..... but because the corporation, by the law of its creating, is incapable of making it, the courts, while refusing to maintain any action upon the unlawful contract, have always striven to do justice between the parties, so far as could be done consistently with adherence to law, by permitting property or money, parted ..... plaintiff for the difference between the price it paid for them and their value at the time it refused, upon plaintiff's demand, to comply with the contract made by it for their purchase and held onto the bonds." in central transportation company v. pullman's car company, 139 u. s. 24 , 139 ..... might be cited, the rules of law applicable to individuals were applied to the united states. here, the basis of the liability insisted upon is an implied contract by which they might well become bound in virtue of their corporate character. their sovereignty is in no wise involved. . . . surely it ought to .....

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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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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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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 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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