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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1900 Page 4 of about 84 results (0.048 seconds)

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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Nov 26 1900 (FN)

Crossman Vs. Burrill

Court : US Supreme Court

Decided on : Nov-26-1900

..... upon the discharge of the cargo;" "a direct and immediate vis major;" an "unusual and extraordinary interruption that could not have been anticipated when the contract was made;" "a sudden and unforeseen interruption or prevention of the act itself of loading or discharging, not occurring through the connivance or fault page 179 ..... the cargo, unless it was occasioned by some fault of the vessel or some unusual and extraordinary interruption that could not have been anticipated when the contract was made." the case of nitrate of soda (1894), 61 f. 849, in the circuit court of appeals for the ninth circuit, upon ..... clifford, in the circuit court of the united states for the district of massachusetts, the following passage: "the settled rule is, where the contract of affreightment expressly stipulates that a given number of days shall be allowed for the discharge of the cargo, such a limitation is an express ..... from any specified liability, without providing for any terms of compensation to the shipowner; but such a contract would not be one we should expect to see in a commercial transaction. the cesser clauses, as they generally come before the courts, are ..... that the shipowner, without any mercantile reason, would give up by the cesser clause rights which he had stipulated for in another part of the contract." lord justice bowen said: "there is no doubt that the parties may, if they choose, so frame the clause as to emancipate the charterer .....

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May 28 1900 (FN)

Mutual Life Ins. Co. of New York Vs. Hill

Court : US Supreme Court

Decided on : May-28-1900

..... the insured and the company abandon the contract, but also the beneficiaries neglected and refused to do that which was essential to keep the policy in life. the allegation in the answer does not disclose a mere omission ..... the company, we should be compelled to enter into an examination of that question; but it is alleged, not only that the insured and the company agreed to abandon the contract, but also that the beneficiary, his wife, and the plaintiffs, their children, 'failed, neglected, and refused' to pay the premium. so we have a case in which, not only did ..... , and ever since, relying upon the said representations and conduct on the part of the said george dana hill, was thereby induced to, and did, declare the said policy and contract of insurance forfeited and abandoned, and, in good faith, relying upon said conduct and representations on the part of said george dana hill, this defendant was induced to, and did ..... , and diring the lifetime of the said george dana hill mentioned in the complaint, it was mutually agreed between the defendant and the said george dana hill, that the said contract of insurance should be waived, abandoned, and rescinded, and the said george dana hill and the defendant then, by mutual consent, waived. abandoned, and rescinded the same accordingly, and all .....

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Mar 21 1900 (PC)

Raghava Charry Vs. Oriental Life Assurance Company

Court : Chennai

Decided on : Mar-21-1900

Reported in : (1900)10MLJ236

..... the periodical payments of 5 per cent. were intended to secure the continuance of the services of the plaintiff. this being the nature of the contract it may be that there was an implied undertaking by the company to allow the plaintiff to continue his services and thus earn his commission, and ..... regard to the future he prays for a declaration. assuming that the contract was, as he alleges, i think the plaintiff has altogether mistaken his remedy. if he is entitled to anything it is damages which he ought to ..... and agent.' under the alleged contract the plaintiff seeks to recover a small sum, which, as he says, has accrued due to him since the determination of the agency and with ..... instrumentality 10 per cent. on the first premium paid and 5 per cent on every subsequent premium.2. the plaintiff's case is that the defendant contracted to pay the latter percentage as long as the premiums continued to be paid, irrespective of the continuance between the parties of the relation of employer ..... should not be adequately compensated in damages.3. but has the plaintiff succeeded in proving the alleged contract? on the defendant's side there is really no evidence as to what were the terms of the contract with the plaintiff. there is a bare letter of engagement written on behalf of the company and .....

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Oct 18 1900 (PC)

Uthanganakath Avuthala Vs. Dayumma and anr.

Court : Chennai

Decided on : Oct-18-1900

Reported in : (1900)10MLJ349

..... the obligation arising under a covenant for title such as was in question in the case cited i.l.r. 21 m. 8. the obligation to pay arises from the contract between, vendor and purchaser, whereas the covenant for title is implied or expressed in the conveyance. the present case is therefore distinguishable from i.l.r. 21 m. s. in ..... remedy to the benefit of the six years given by article 116 since the sale-deed was a registered instrument. article 116 pre-supposes a contract in writing registered which contract has been broken. here there was no contract in writing so far as regards the payment of the purchase money. on the contrary the registered document states that the money has been .....

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Oct 12 1900 (PC)

The Municipal Council Vs. the Standard Life Assurance Company

Court : Chennai

Decided on : Oct-12-1900

Reported in : (1900)10MLJ401

..... in this, there was an agent employed to canvass, and take orders for another person, with no power to make contracts. an attempt was made to distinguish the cases on the ground that according to section 4 of the indian contract act, the acceptance of a proposal is not binding on the acceptor until he becomes aware of it. that rule of .....

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Oct 18 1900 (PC)

Avuthala Vs. Dayumma and anr.

Court : Chennai

Decided on : Oct-18-1900

Reported in : (1901)ILR24Mad233

..... a covenant for title such as was in question in the case cited (krishnan nambiar v. kannan i.l.r. 21 mad. 8. the obligation to pay arises from the contract--between vendor and purchaser, whereas the covenant for title is implied or expressed in the conveyance. the present case is therefore distinguishable from krishnan nambiar v. kannan i.l.r ..... , to the benefit of the six years given by article 116, since the sale-deed was a registered instrument. article 116 pre-supposes a contract in writing registered which contract has bean broken. here there was no contract in writing so far as regards the payment of the purchase money. on the contrary the registered document states that the money has been paid .....

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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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May 28 1900 (FN)

Banholzer Vs. New York Life Ins. Co.

Court : US Supreme Court

Decided on : May-28-1900

..... shall declare forfeited or lapsed any policy hereafter issued or renewed, and not issued upon the payment of monthly or weekly premiums, or unless the same is a term insurance contract for one year or less, nor shall any such policy be forfeited or lapsed by reason of nonpayment when due of any premium, interest, or installment or any portion thereof ..... for me to enter into any discussion of the reasons for my opinion. the parties mutually agreed page 178 u. s. 407 that this should be deemed a new york contract and construed according to the laws of that state. the decisions of the highest court of that state as to the construction of such a ..... contract and of the statutes of new york must therefore be accepted as conclusive upon the parties. in conway v. phoenix insurance co., 140 n.y. 79, upon a state of .....

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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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