Us Supreme Court Court May 1900 Judgments
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Mutual Life Ins. Co. of New York Vs. Hill
Court: US Supreme Court
Decided on: May-28-1900
MUTUAL LIFE INS. CO. OF NEW YORK v. HILL - 178 U.S. 347 (1900) U.S. Supreme Court MUTUAL LIFE INS. CO. OF NEW YORK v. HILL, 178 U.S. 347 (1900) 178 U.S. 347 MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, Petitioner, v. GEORGE E. HILL, Ellen Kellogg Hill, Eugene C. Hill, by their Guardian, Eben Smith, and Eliza Maude Hill, in her own behalf. No. 453. Argued March 14, 15, 1900. Decided May 28, 1900. Messrs. Julien T. Davies, John B. Allen, Edward Lyman Short, Frederic D. McKenney, and Robert C. Strudwick for petitioner. Messrs. Stanton Warburton, Harold Preston, and Eben Smith for respondents. Mr. Justice Brewer delivered the opinion of the court: This case resembles the last three decided, in that it was an Page 178 U.S. 347, 348 action against the insurance company on a policy whose premiums had not been paid for some years before the death of the insured. The policy was issued April 29, 1886, to George Dana Hill for the benefit of his wife, if living at the time of his dea...
Fitzpatrick Vs. United States
Court: US Supreme Court
Decided on: May-28-1900
Fitzpatrick v. United States - 178 U.S. 304 (1900) U.S. Supreme Court Fitzpatrick v. United States, 178 U.S. 304 (1900) Fitzpatrick v. United States Submitted April 30, 1900 Decided May 28, 1900 178 U.S. 304 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF ALASKA Syllabus Under the Court of Appeals Act of March 3, 1891, a conviction for murder is a "conviction of a capital crime," though the jury qualify their verdict of guilty by adding the words "without capital punishment." The test of a capital crime is not the punishment which is imposed, but that which may be imposed under the statute. Under the statute of Oregon requiring the offense to be stated "in ordinary and concise language and in such manner as to enable a person of common understanding to know what was intended," an indictment for murder charging that the defendant feloniously, purposely, and of deliberate and premeditated malice inflicted upon the deceased a mortal wound of which he insta...
Dewey Vs. United States
Court: US Supreme Court
Decided on: May-28-1900
Dewey v. United States - 178 U.S. 510 (1900) U.S. Supreme Court Dewey v. United States, 178 U.S. 510 (1900) Dewey v. United States No. 648 Argued April 10, 1900 Decided May 28, 1900 178 U.S. 510 APPEAL FROM THE COURT OF CLAIMS Syllabus In this case, it was rightly decided in the court below that in determining, under the provisions of Rev.Stat. sec. 902, whether the Spanish vessels sunk or destroyed at Manila were of inferior or superior force to the American vessels engaged in that battle, the land batteries, mines, and torpedoes not controlled by those in charge of the Spanish vessels, but which supported those vessels, were to be excluded altogether from consideration, and that the size and armaments of the vessels sunk or destroyed, together with the number of men upon them, were alone to be regarded in determining the amount of the bounty to be awarded. The case is stated in the opinion of the Court. Page 178 U. S. 511 MR. JUSTICE HARLAN delivered the opinion of the ...
New York Life Ins. Co. Vs. Cravens
Court: US Supreme Court
Decided on: May-28-1900
New York Life Ins. Co. v. Cravens - 178 U.S. 389 (1900) U.S. Supreme Court New York Life Ins. Co. v. Cravens, 178 U.S. 389 (1900) New York Life Insurance Company v. Cravens No. 262 Argued April 25, 1900 Decided May 28, 1900 178 U.S. 389 ERROR TO THE SUPREME COURT OF THE STATE OF MISSOURI Syllabus The contract for life insurance in this case, made by a New York insurance company in the State of Missouri with a citizen of that state, is subject to the laws of that state regulating life insurance policies, although the policy declares "that the entire contract contained in the said policy and in this application, taken together, shall be construed and interpreted as a whole and in each of its parts and obligations, according to the laws of the New York, the place of the contract being expressly agreed to be the principal office of the said company in the City of New York." The power of a state over foreign corporations is not less than the power of a state over domestic corp...
Hicks Vs. Knost
Court: US Supreme Court
Decided on: May-28-1900
Hicks v. Knost - 178 U.S. 541 (1900) U.S. Supreme Court Hicks v. Knost, 178 U.S. 541 (1900) Hicks v. Knost No. 612 Submitted May 14, 1900 Decided May 28, 1900 178 U.S. 541 CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus A district court of the United States has jurisdiction, by the proposed defendant's consent, but not otherwise, to entertain a bill in equity by a trustee in bankruptcy to recover property conveyed to the defendant by the bankrupt in fraud of the Bankrupt Act and of his creditors. Bardes v. Hawarden Bank, ante, 178 U. S. 524 , followed. The case is stated in the opinion of the Court. MR. JUSTICE GRAY delivered the opinion of the Court. This was a bill in equity in the District Court of the United States for the Southern District of Ohio by a trustee in bankruptcy appointed by that court, against a creditor of the bankrupts, to recover money to the amount of $2,780, paid by the bankrupts to the defendant with intent to prefe...
Sully Vs. American National Bank
Court: US Supreme Court
Decided on: May-28-1900
Sully v. American National Bank - 178 U.S. 289 (1900) U.S. Supreme Court Sully v. American National Bank, 178 U.S. 289 (1900) Sully v. American National Bank No. 266 Argued April 26, 1900 Decided May 28, 1900 178 U.S. 289 ERROR TO THE SUPREME COURT OF THE STATE OF TENNESSEE Syllabus Bills were filed in Tennessee by the American National Bank and others against the Carnegie Land Company, a Virginia corporation, doing business in Tennessee under the provisions of the act which was under review in Blake v. McClung, 172 U. S. 239 ; 176 U. S. 176 U.S. 69, and also against various creditors of that company. The prayer of the bill was that it might be taken as a general creditors' bill, and it was alleged that the company was insolvent, having a large amount of property in the state which it had assigned for the benefit of its creditors, without preferences, which was in disregard of the statute of the state, that a receiver should be appointed, the assets marshaled and the c...
Chicago, M. and St. P. Ry. Co. Vs. Clark
Court: US Supreme Court
Decided on: May-28-1900
Chicago, M. & St. P. Ry. Co. v. Clark - 178 U.S. 353 (1900) U.S. Supreme Court Chicago, M. & St. P. Ry. Co. v. Clark, 178 U.S. 353 (1900) Chicago, Milwaukee & St. Paul Railway Company v. Clark No. 266 Argued April 20, 23, 1900 Decided May 28, 1900 178 U.S. 353 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus The record shows that the cause came on for trial without a jury, a trial by jury having been expressly waived by written consent of the parties, that a referee was duly appointed by similar consent in accordance with the rules and customs of the District in which the trial was had, and that his findings, rulings, and decisions were made those of the court. Held that the question whether the judgment rendered was warranted by the facts found was open for consideration in the circuit court of appeals, and is so here. Clark contracted with the railway company for the construction of part of its road. He also contracted for the completion of hi...
Mutual Life Ins. Co. Vs. Sears
Court: US Supreme Court
Decided on: May-28-1900
Mutual Life Ins. Co. v. Sears - 178 U.S. 345 (1900) U.S. Supreme Court Mutual Life Ins. Co. v. Sears, 178 U.S. 345 (1900) Mutual Life Insurance Company v. Sears No. 452 Argued March 14-15, 1900 Decided May 28, 1900 178 U.S. 345 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus In view of what has been already decided in Mutual Life Insurance Co. v. Phinney, ante, 178 U. S. 327 , the Court holds that it is needless to do more than note the fact that, as shown by the answer, after the insured had once defaulted in May, 1892, and a second default had occurred in May, 1893, application was made to him by the company, through its agents, to restore the policy, and that he declined to make any further payments or to continue the policy, and elected to have it terminated, which election was accepted by the company, and the parties to the contract treated it thereafter as abandoned, and that there is nothing in the New York statute (if controlling at all)...
Hawley Vs. Diller
Court: US Supreme Court
Decided on: May-28-1900
Hawley v. Diller - 178 U.S. 476 (1900) U.S. Supreme Court Hawley v. Diller, 178 U.S. 476 (1900) Hawley v. Diller No. 116 Submitted February 2, 1900 Decided May 28, 1900 178 U.S. 476 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus An applicant for public land under the act of Congress of June 3, 1878, 29 Stat. 89, c. 161, known as the Timber and Stone Act, must support his application by an affidavit stating that "he does not apply to purchase 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 or in part, to the benefit of any person except himself, which statement must be verified by the oath of the applicant before the register or receiver of the land office wit...
Corralitos Co. Vs. United States
Court: US Supreme Court
Decided on: May-28-1900
Corralitos Co. v. United States - 178 U.S. 280 (1900) U.S. Supreme Court Corralitos Co. v. United States, 178 U.S. 280 (1900) Corralitos Co. v. United States No. 287 Submitted April 21, 1900 Decided May 28, 1900 178 U.S. 280 APPEAL FROM THE COURT OF CLAIMS Syllabus The appellant herein filed its original petition in the Court of Claims against the United States and the Apache Indians on September 8, 1892. Subsequently and by leave of court an amended petition was filed March 2, 1894, from which it appears that the petitioner is a corporation chartered under the laws of the New York and doing business in the State of Chihuahua, County of Guleana, Republic of Mexico, and that property to the value of nearly seventy-five thousand dollars, belonging to the petitioner, and situated at the time in the Republic of Mexico, was taken therefrom in 1881 and 1882, and stolen and carried off by the Apache Indians, then in amity with the United States, and brought from the Republic of Mex...
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