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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: uk supreme court Year: 1930 Page 1 of about 22 results (0.041 seconds)

Feb 24 1930 (FN)

Florsheim Bros. Drygoods Co., Ltd. Vs. United States

Court : US Supreme Court

Decided on : Feb-24-1930

..... on the use of the words "agree" and "agreement" in the acts and regulations. but these are ordinary words having no technical significance. it is also urged that, unless a contract was intended, there is no reason why the consent of the commissioner should have been required. but an otherwise plain meaning should not be distorted merely for the sake of ..... in which a right may be enforced by legal proceedings. we are of opinion that the contention of the government must prevail. the waivers executed by the parties were not contracts binding the commissioner not to make the assessments and collections after the periods specified. at the time when the waivers were executed, the commissioner was without power under the statute ..... under the page 280 u. s. 454 act of 1918, and to be in effect for one year after the expiration of the statutory period of limitation, was not a contract preventing congress from extending the statutory period for the collection of such taxes by legislation enacted before that period as extended by the waiver has expired. p. 280 u. s ..... collections were made within six years after the assessments, they were timely made. the corporations insist that the "waivers" were not merely waivers extending the statutory period, but were binding contracts which limited the time in which the commissioner could assess and collect the taxes, and that no change in the law made after the date of the .....

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Nov 24 1930 (FN)

Paramount Famous Lasky Corp. Vs. United States

Court : US Supreme Court

Decided on : Nov-24-1930

..... 42 injunction against future action under the unlawful plan. we agree with its conclusion, and the challenged decree must be affirmed. the appellants claim: (1) the standard exhibition contract and rules of arbitration, dated may 1, 1928, having been evolved after six years of discussion and experimentation, are reasonable and normal regulations, so that whatever restraint follows falls ..... security to such member or distributor or shall have complied with the decision of the arbitration board. upon the happening of either of such events, service under such contract shall be promptly resumed by such member or distributor." the record discloses that ten competitors in interstate commerce, controlling 60 percent of the entire film business, have agreed ..... the pictures are still only in contemplation, each distributor announces its intended program of distribution for twelve months. after this announcement, exhibitors are solicited to enter into written contracts for permission to display such of the pictures as they desire, and, as no distributor can offer enough pictures to supply the average exhibitor's full requirement, he ..... produce material and unreasonable restraint of interstate commerce in violation of the sherman act. p. 282 u. s. 41 . 2. the fact that the standard exhibition contract and rules of arbitration were evolved after six years of discussion and experimentation does not show that they were either normal or reasonable regulations. the arrangement existing between the .....

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Nov 24 1930 (FN)

Poe Vs. Seaborn

Court : US Supreme Court

Decided on : Nov-24-1930

..... the exclusive owner, but because, by law, he was created the agent of the community." in that case, it was held that such agency of the husband was neither a contract nor a property right vested in him, and that it was competent to the legislature which created the relation to alter it, to confer the agency on the wife alone ..... community property, and ought so to be considered for the purposes of 210 and 211. he points out that, as to personal property, the husband may convey it, may make contracts affecting it, may do anything with it short of committing a fraud on his wife's rights. and though the wife must join in any sale of real estate, he ..... . page 282 u. s. 117 but here, the husband never has ownership. that is in the community at the moment of acquisition. in the earl case, a husband and wife contracted that any property they had or might thereafter acquire in any way, either by earnings (including salaries, fees, etc.) or any rights by ..... be received, held, taken, and owned by us as joint tenants. . . ." we held that assuming the validity of the contract under local law, it still remained true that the husband's professional fees, earned in years subsequent to the date of the contract, were his individual income, "derived from salaries, wages, or compensation for personal service" under 210, 211, 212(a) and .....

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May 19 1930 (FN)

Georgia Power Co. Vs. City of Decatur

Court : US Supreme Court

Decided on : May-19-1930

..... 1899, was the only franchise for the operation of the line in question, and that the obligation to operate the line and maintain the contract fare ended with the expiration of the charter of the collins park company. but franchises for the construction and operation of street railway lines are ..... . the city refused to accept the surrender and promptly brought this suit. petitioner maintained below, and here insists, that the franchise and the rate contract expired august 16, 1919, and that its obligation to operate the line or keep the five-cent fare in force was terminated by such offer ..... it made them ten cents per passenger, but required the carrier to sell four tickets for thirty cents. the cost of the transportation covered by the contract fare, exclusive of any compensation for the use of property page 281 u. s. 508 employed to furnish the service, exceeds the revenue derived therefrom ..... a decree permanently enjoining the present petitioner from ceasing to operate a street railway line within the city of decatur, georgia, and from violating a contract fixing rates of fare and transfer privileges. mr. justice butler delivered the opinion of the court. the city of decatur brought this suit in ..... earlier altered by them or relaxed by state authority, and losses attributable to the stretch of track in question and the fares fixed by the contract are immaterial while the contract continues. p. 281 u. s. 511 . 168 ga. 705 affirmed. certiorari, 280 u.s. 544, to review a decree which .....

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Apr 14 1930 (FN)

Kentucky Vs. Indiana

Court : US Supreme Court

Decided on : Apr-14-1930

..... existence of such grounds in this case. the gravity of the situation cannot be ignored. the injury to the commonwealth of kentucky by the delay in the performance of the contract by the state of indiana is definitely alleged, and expressly admitted. that injury is concededly irreparable, without adequate remedy at law. it is specifically set forth in the agreed ..... appropriate respect the decisions of state courts bearing upon such questions, such decisions do not detract from the responsibility of this court in reaching its own conclusions as to the contract, its obligations and impairment, for otherwise the constitutional guaranty could not properly be enforced. larson v. south dakota, 278 u. s. 429 , 278 u. s. 433 , and cases there ..... only in common with all the citizens of his state. in the present instance, there is no showing that the individual defendants have any interest whatever with respect to the contract and its performance other than that of the citizens and taxpayers, generally, of indiana -- an interest which that state in this suit fully represents. the individual defendants have presented ..... court, the state did not feel warranted in proceeding until there was a final adjudication establishing its right to perform, the answer added: "the state of indiana believes said contract is valid. if this honorable court shall grant the relief prayed against indiana by plaintiff kentucky in either of its paragraphs of complaint, the state of indiana will thereupon immediately .....

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May 19 1930 (FN)

Merchant Fleet Corp. Vs. Harwood

Court : US Supreme Court

Decided on : May-19-1930

..... was formed under the general laws of the district of columbia is persuasive, even standing alone, that it was expected to contract and to stand suit in its own person, whatever indemnities might be furnished by the united states." see united states v. wood, 290 f. 115, 263 u.s. 680 ..... public obligations. its entire capital stock is government-owned. its funds and property were furnished to it by the government. they and government indemnity are alone the sources from which its obligations will be defrayed. it was created as a government agency to construct a fleet of vessels ..... specified exceptions, the emergency shipping fund provisions of the urgent deficiencies act of june, 1917, as amended. section 2(b)(1) directed that "all contracts or agreements" previously made under the emergency shipping fund legislation "be assumed and carried out by the united states shipping board." but 2(b)(2 ..... representing and acting . . . for and in behalf of the united states of america (hereinafter referred to as the owner)." it cancelled the earlier contracts, with some exceptions relating to the completion of the steel ships, and settled and released numerous other claims not now important, saving certain claims growing ..... . page 281 u. s. 527 petitioner also insists that, even though the fleet corporation is bound by its contracts, the liability has been undertaken .....

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Apr 14 1930 (FN)

John Baizley Iron Works Vs. Span

Court : US Supreme Court

Decided on : Apr-14-1930

..... injured, was working upon an uncompleted vessel -- page 281 u. s. 231 a thing not yet placed into navigation and which had not become an instrumentality of commerce. in millers' indemnity underwriters v. braud, 270 u. s. 59 , the decedent met his death while cutting off piles driven into the land under navigable water. this had only remote relation to navigation ..... barge lying nearby, in navigable waters and alongside a wharf. recovery for this injury under the local compensation law was allowed by the state court on the ground that the contract of employment had no relation to navigation, and was nonmaritime. this, like the rosengrant case, seems to differ from northern coal & dock co. v. strand, 278 u. s. 142 , in ..... , 100 so. 897. in that case, one employed as a lumber inspector by a lumber manufacturer, under a nonmaritime contract of employment, was injured in the course of his employment while temporarily on board a schooner lying in navigable waters near his employer's mill. he was there engaged in ..... of rosengrant v. havard, 273 u.s. 664, which affirmed, without opinion but on the authority of grant smith-porter ship co. v. rohde, 257 u. s. 469 , and millers' indemnity underwriters v. braud, 270 u. s. 59 , a judgment of the supreme court of alabama, ex parte rosengrant, 213 ala. 202, 104 so. 409; ex parte havard, 211 ala. 605 .....

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Apr 14 1930 (FN)

United States Vs. Worley

Court : US Supreme Court

Decided on : Apr-14-1930

..... compensation for death or disability of officers, enlisted men, and members of the army and navy nurse corps in active service resulting from injury or disease contracted in the line of duty. articles ii and iii. and, "in order to give to every commissioned officer and enlisted man and every member of the ..... rates. the policies adopted by the bureau and used in that case contained a promise to pay losses within a specified time. under that form of contract, private underwriters are liable for interest when payment is not made as agreed. there was nothing in the statute to disclose an intention on the ..... due?" the rule is that the united states will not be required to pay interest except where the liability is imposed by statute or assumed by contract. an implied agreement to pay interest arises upon a taking by the united states of private property for public use where interest is an element ..... certified by the circuit court of appeals in relation to a judgment of the district court against the united states in an action on a war risk insurance contract. mr. justice butler delivered the opinion of the court. the deceased enlisted in the army april 2, 1917, and was discharged march 18, 1918. ..... answer is not necessary for the decision of the case. p. 281 u. s. 340 . 2. in an action on a war risk insurance contract, the judgment should not include installments maturing after the action began and as to which there was no supplemental petition, nor should it include installments to mature .....

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Feb 24 1930 (FN)

Lucas Vs. American Code Co.

Court : US Supreme Court

Decided on : Feb-24-1930

..... tax was not payable until 1917. it is also unlike american national co. v. united states, 274 u. s. 99 . there, the bonus contract provided definitely for the payment of a fixed amount. it was debitum in praesenti, solvendum in futuro. the case at bar is in principle more like lewellyn ..... the few cases in which the page 280 u. s. 451 board of tax appeals has allowed a deduction in the year of the breach, the contracts, involving the purchase and sale of goods, were performable in a comparatively short period; the approximate amount of the damages was reasonably predictable; negotiations for ..... , as a loss of that year, of the amount later paid. but here there are other obstacles. obviously, the mere refusal to perform a contract does not justify the deduction, as a loss, of the anticipated damages. for even an unquestionable breach does not result in loss if the injured ..... 280 u. s. 450 board of tax appeals has held, in a series of well reasoned opinions, that a loss occasioned by the taxpayer's breach of contract is not deductible in the year of the breach, except under the special circumstances where, within the tax year, there is a definite admission of liability, negotiations ..... in amount as to justify their deduction, in certain circumstances, before they are absolutely realized. as respects losses occasioned by the taxpayer's breach of contract, no definite legal test is provided by the statute for the determination of the year in which the loss is to be deducted. the general .....

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Feb 24 1930 (FN)

District of Columbia Vs. Thompson

Court : US Supreme Court

Decided on : Feb-24-1930

..... failure of consideration for the assessment of benefits, it was one, we think, of which the municipal court had jurisdiction as a claim for debt arising out of an "implied" contract, not exceeding $300. [ footnote 5 ] 4. nor was the plaintiff's right of action barred by the statute of limitations of three years. [ footnote 6 ] the district contends that the ..... . s. 31 . 3. that the action was one within the jurisdiction of the municipal court of the district of columbia, as a claim for debt arising out of an implied contract. p. 281 u. s. 33 . 4. that plaintiff's right of action was not barred by limitation of three years, since the claim accrued not at the time when the .....

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