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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 1900 Page 6 of about 84 results (0.038 seconds)

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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Apr 09 1900 (FN)

Hyde Vs. Bishop Iron Co.

Court : US Supreme Court

Decided on : Apr-09-1900

..... within the letter or spirit of the statute, for there was enough in the testimony to justify the conclusion of the department that it was a contract to divide the land when obtained, and it is not the province of the courts to review such finding of fact. these are the only questions ..... sustained and his title confirmed as to that part of the land in respect to which he had made no contract. such a construction would enable an applicant, without any risk, to speculate on the chances of escaping detection in his effort to violate the statute ..... who has made a single application to enter a tract of land to ignore its unity after it has been proved that he has made a contract in defiance of the statute in reference to half the land, and have it divided into two separate and independent applications, and then his application ..... as a whole. the revised statutes, sec. 2262, require a preemption applicant to make affidavit "that he has not directly or indirectly made any agreement or contract, in any way or manner, with any person whatsoever, by which the title which he might acquire from the government of the united states should inure ..... transaction about it, but i don't know white's." that no further or other evidence was taken on either of said hearings relative to the said contract with the said white, and that, by agreement, this testimony offered in the mcdonald case was to be considered in determining the validity of both locations, .....

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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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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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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 28 1900 (FN)

Hawley Vs. Diller

Court : US Supreme Court

Decided on : May-28-1900

..... to the subsequent action of the land department. myers v. croft, 13 wall. 291. again, the department must deal directly with its own vendees, with the persons with whom it contracts. it cannot undertake to follow the transfers of the grantees and to settle questions that may arise upon such transfers, but must leave such matter for determination in the courts ..... the same on speculation, but in good faith to appropriate it to his own exclusive use and benefit, and that he had not, directly or indirectly, made any agreement or contract with any person or persons by which the title he might acquire from the united states should inure in whole or in part to the benefit of any person except ..... the same on speculation, but in good faith to appropriate it to his own exclusive use and benefit, and that he has not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whatsoever, by which the title which he might acquire from the government of the united states should inure, in whole ..... the same on speculation, but in good faith to appropriate it to his own exclusive use and benefit, and that he has not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whatsoever, by which the title which he might acquire from the government of the united states should inure, in whole .....

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May 21 1900 (FN)

Browning Vs. De Ford

Court : US Supreme Court

Decided on : May-21-1900

..... ." it was admitted in the case that the plaintiff had an election of remedies, but it was said that "the action of plaintiff in that case was based upon a contract of sale, and was a confirmation of it and a waiver of all fraud involved in it so far as the rights of the intervening interpleader are concerned in the ..... that they had been fraudulently purchased. had it not been for the mortgage, it would only have been necessary for the attaching creditors to show that the debts were fraudulently contracted to sustain their attachment; but in order to attack the mortgage, and to show that they had a title superior to that of the mortgage creditors, it was necessary to ..... second point, the jury were instructed in substance that to defeat the mortgage, it was necessary for the attaching creditors to show that wolfe & son were guilty of fraud in contracting the debts to satisfy which the writs of attachment were levied, and also to show that the mortgagees were parties to such fraud or that, at the time they took .....

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Apr 16 1900 (FN)

Adams Vs. Cowen

Court : US Supreme Court

Decided on : Apr-16-1900

..... and direction. if they chose to act upon their own interpretation of its meaning, they should have so acted, and not sought to conclude any of the legatees by a contract page 177 u. s. 484 binding him to accept their interpretation. as shown by papers introduced in evidence signed by william means, they proceeded with more than promptness and with .....

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