United States Reports: Cases Adjudged in the Supreme Court at ... and Rules Announced at ..., Volume 183United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner Banks & Bros., Law Publishers, 1902 |
From inside the book
Results 1-5 of 97
Page 26
... construction that view should be adopted , if possible , which will sustain rather than forfeit the con- tract is applicable . ( 4 ) Tested by that rule these policies were not in force earlier than December 18 , 1893 , and as the ...
... construction that view should be adopted , if possible , which will sustain rather than forfeit the con- tract is applicable . ( 4 ) Tested by that rule these policies were not in force earlier than December 18 , 1893 , and as the ...
Page 39
... construction of these contracts in respect of the asserted forfeiture ? The company , although re- taining the premiums paid and not offering to return them , con- tends that if McMaster was not bound by an agreement that the subsequent ...
... construction of these contracts in respect of the asserted forfeiture ? The company , although re- taining the premiums paid and not offering to return them , con- tends that if McMaster was not bound by an agreement that the subsequent ...
Page 40
... construction , that view should be adopted , if possible , which will sustain rather than forfeit the contract . Thompson v . Phænix Insur- ance Company , 136 U. S. 287 ; National Bank v . Insurance Company , 95 U. S. 673 . Each of ...
... construction , that view should be adopted , if possible , which will sustain rather than forfeit the contract . Thompson v . Phænix Insur- ance Company , 136 U. S. 287 ; National Bank v . Insurance Company , 95 U. S. 673 . Each of ...
Page 41
... construction forbid the denial of the month of grace in whole or in part . It is worthy of remark that it was specifically provided that after the policies had been in force one full year they should become incontestable on any other ...
... construction forbid the denial of the month of grace in whole or in part . It is worthy of remark that it was specifically provided that after the policies had been in force one full year they should become incontestable on any other ...
Page 49
... construction would render un- necessary the privilege to keep not more than five barrels of gasoline , which is also written in the policy . We think the construction contended for is inadmissible . The language of the policy did not ...
... construction would render un- necessary the privilege to keep not more than five barrels of gasoline , which is also written in the policy . We think the construction contended for is inadmissible . The language of the policy did not ...
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Common terms and phrases
action affirmed agent alleged Amendment amount Andrews & Whitcomb application attorney authority bill of lading carrier cause charge charter Chief Justice Circuit Court claim clause commissioner common carrier Congress Constitution contract corporation court martial Court of Appeals court of equity creditors debtor December December 12 decision declared decree defendant District duty effect employés evidence execution exemption exports facts filed fire foreign forfeiture Fourteenth Amendment granted held indictment insolvent issued judgment jurisdiction jury lands legislation legislature liability lien McMaster ment offence officer oleomargarine paid parties patent payment person petition petitioner plaintiff in error Porto Rico premiums proceedings provisions question Rahtjen's railroad company Railway reason scrip ship Southern Pacific Railroad Stat Statement statute stock yards suit Supreme Court taxation Territory of Hawaii thereof tion treaty trial United validity Variag vessel violation void Water Company writ
Popular passages
Page 137 - In case the greater rate of Interest has been paid, the person by whom It has been paid, or his legal representatives, may recover back, In an action in the nature of an action of debt, twice the amount of the Interest thus paid from the association taking or receiving the same: Provided such action Is commenced within two years from the time the usurious transaction occurred.
Page 314 - This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements or conditions as may be indorsed hereon or added hereto, and no officer, agent or other representative of this company shall have power to waive any provision or condition of this policy...
Page 216 - That all levies, judgments, attachments, or other liens, obtained through legal proceedings against a person who is insolvent, at any time within four months prior to the filing of a petition in bankruptcy against him, shall be deemed null and void in case he is adjudged a bankrupt...
Page 317 - This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the insured now has, or shall hereafter make or procure, any other contract of insurance, whether valid or not, on property covered, in whole or in part, by this policy.
Page 241 - Provided, That nothing in this act shall be construed to prohibit the manufacture or sale of oleomargarine in a separate and distinct form, and in such manner as will advise the consumer of its real character, free from coloration or ingredient that causes it to look like butter.
Page 89 - If the company is deprived of the power of charging reasonable rates for the use of its property, and such deprivation takes place in the absence of an investigation by judicial machinery, it is deprived of the lawful use of its property, and thus, in substance and effect, of the property itself, without due process of law and in violation of the Constitution of the United States...
Page 532 - The general principle announced in numerous cases is that a right, question or fact distinctly put in issue and directly determined by a court of competent jurisdiction, as a ground of recovery, cannot be disputed in a subsequent suit between the same partes or their privies; and even if the second suit is for a different cause of action, the right, question or fact once so determined must, as between the same parties or their privies, be taken as conclusively established, so long as the judgment...
Page 86 - Property does become clothed with a public interest when used in a manner to make it of public consequence and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created. He may withdraw his grant by discontinuing the use; but, so long as he maintains the use, he...
Page 320 - When parties have deliberately put their engagements into writing, in such terms as import a legal obligation, without any uncertainty as to the object or extent of such engagement, it is conclusively presumed that the whole engagement of the parties, and the extent and manner of their undertaking was reduced to writing...
Page 393 - Who, for the purpose of obtaining, or aiding others to obtain, the approval, allowance, or payment of any claim against the United States...