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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Page 100 of about 9,200 results (0.131 seconds)

May 22 1939 (FN)

United States Vs. One Ford Coach

Court : US Supreme Court

..... bliss. by failure to make inquiry, they can effectively insulate themselves even from the knowledge which their business intimates -- the dealers -- have. unless informed by disclosures, in the written contract or otherwise, they can contentedly assume that the purchaser is not a straw man for a bootlegger. that they will thus be voluntarily informed by the parties or by others ..... to such vehicle or aircraft, unless and until he [the claimant] proves that, before [he] -- such claimant -- acquired his interest, or such other person acquired his right under such contract or agreement, whichever occurred later, [he] -- the claimant -- his officer or agent, was informed in answer to his inquiry at [certain headquarters specified in the alternative] as to the ..... of the record and reputation of paul walker, followed by favorable reports, and believing him to be purchaser and owner of the automobile, claimant in good faith acquired the sales contract. it had no knowledge, information, or suspicion that paul walker was only a "straw" purchaser. this is enough to show compliance with subsection (b)(2). the suggestion that, ..... made no adequate inquiry concerning the record and reputation of the real purchaser -- guy walker. respondent's interest in the automobile is not questioned. it "purchased the conditional sales contract in good faith, believing that paul walker was the purchaser and owner of the automobile. it had no knowledge, information, or suspicion of the true facts until after the .....

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Jan 30 1939 (FN)

H. P. Welch Co. Vs. New Hampshire

Court : US Supreme Court

..... under authority of that section december 29, 1937, the commission prescribed regulations as to maximum hours of service of drivers of motor vehicles operated in interstate commerce by common and contract carriers. [ footnote 3 ] these regulations were modified july 12, 1938, [ footnote 4 ] and their effective date has been postponed to january 31, 1939. [ footnote 5 ] with exceptions ..... law august 9, 1935. under the caption "general duties and powers of the commission," 204(a) declares: "it shall be the duty of the commission . . . to regulate" common and contract carriers by "motor vehicle . . . , and, to that end, the commission may establish reasonable requirements with respect to . . . qualifications and maximum hours of service of employees and safety of ..... shall have authority, after notice and hearing, to suspend or revoke any registration certificate. appellant is a massachusetts corporation doing intrastate and interstate business as a common and contract page 306 u. s. 82 carrier of freight for hire by motor vehicles over public highways in that state and in new hampshire. approximately 99 percent of its business ..... hire to require or permit to operate such vehicle a driver who has been continuously on duty for more than 12 hours. registration certificates, without which no common or contract carrier may lawfully operate over the highways of the state, may be suspended or revoked for violations. the statute exempts: those transporting products of their own manufacture or .....

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May 27 1940 (FN)

Apex Hosiery Co. Vs. Leader

Court : US Supreme Court

..... terms and conditions of their employment . . . ," and expressly protects the right of self-organization, recognizes the strike as a proper union weapon and permits closed-shop contracts. the public contracts act, 49 stat. 2036, 41 u.s.c. 35-48, and aimed at preventing price competition in government bidding based on wage cutting and authorizes the establishment ..... illegal means by which interstate commerce is restrained, whether by unlawful combinations of capital, or unlawful combinations of labor; and we think, also, whether the restraint be occasioned by unlawful contracts, trusts, pooling arrangements, black lists, boycotts, coercion, threats, intimidation, and whether these be made effective, in whole or in part, by acts, words, or printed matter ..... the committee on finance to inquire into, and report in connection with, revenue bills "such measures as it may deem expedient to set aside, control, restrain or prohibit all arrangements, contracts, agreements, trusts, or combinations between persons or corporations, made with a view, or which tend to prevent free and full competition . . . with such penalties and provisions . . ..... classes of restraints were not outlawed when deemed reasonable, usually because they served to preserve or protect legitimate interests, previously existing, of one or more parties to the contract. [ footnote 18 ] in seeking more effective protection of the public from the growing evils of restraints on the competitive system page 310 u. s. 498 effected by .....

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Apr 22 1940 (FN)

Maurer Vs. Hamilton

Court : US Supreme Court

..... , preservation of records, qualifications and maximum hours of service of employees, and safety of operation and equipment." subdivision (2) imposes a like duty upon the commission to regulate "contract carriers." subdivision (3) imposes the duty "to establish for private carriers of property by motor vehicle, if need therefor is found, reasonable requirements to promote safety of operation, ..... operations of such vehicles should be forbidden. the safety regulations heretofore prescribed by us, of course, apply to these as well as other vehicles operated by common and contract carriers in interstate or foreign commerce. the operations of vehicles so equipped are therefore permitted by the existing regulations, and there is no need for change." (p. 132 ..... commission, purporting to act under the motor carrier act, had promulgated regulations effective july 1, 1936, with respect to "safety of operation and equipment" of common and contract motor carriers in interstate commerce, subject to the act. these regulations contained no provisions specifically applicable to cars carried over the cab of the carrier vehicle. on march 11 ..... federal motor carrier act empowers the interstate commerce commission to establish reasonable requirements with respect to "safety of operation and equipment" of motor vehicles of common and contract carriers in interstate commerce, but its authority with respect to sizes and weights of vehicles is expressly limited in 225 to investigation and report on the need of .....

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Feb 03 1941 (FN)

United States Vs. Hutcheson

Court : US Supreme Court

..... receiving in interstate commerce commodities and materials intended for use in its plant; of preventing the borsari corporation from obtaining materials in interstate commerce for use in performing a contract for anheuser-busch, and of preventing the stocker company from receiving materials in like manner for the construction of a building for the gaylord corporation. the indictment further charges ..... to be used by borsari." like allegations are made with respect to stocker, with the added charge that the acts alleged were with intent to prevent performance of stocker's contract with gaylord "with willful disregard of the consequent restraint of the commerce of gaylord." page 312 u. s. 239 there is the further allegation that, pursuant to the conspiracy ..... of governmental authority for owners of property to organize in the corporate and other forms of ownership association, the individual unorganized worker is commonly helpless to exercise actual liberty of contract and to protect his freedom of labor, and thereby to obtain acceptable terms and conditions of employment, wherefore, though he should be free to decline to associate with ..... law, but the related enactments which entered into the decision of the district court. section 1 of the sherman law, on which the indictment rested, is as follows: "every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several states, or with foreign nations, is hereby declared to be .....

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Jun 08 1942 (FN)

Walling Vs. Belo Corp.

Court : US Supreme Court

..... the respondent corporation from alleged violation of the page 316 u. s. 626 fair labor standards act. [ footnote 1 ] the administrator sought to prevent the use by respondent under certain contracts with its employees of wage agreements deemed by the administrator violative of the time and a half for overtime provisions of section 7(a), [ footnote 2 ] as implemented by section ..... . the motion to dismiss was denied. 35 f.supp. 430. in the meantime, petitioner instituted this suit to enjoin respondent from continuing to operate the wage system based upon its contracts with its employees. the two suits were consolidated and tried together. the district court entered a declaratory judgment for the respondent, and dismissed the bill for an injunction. 36 f ..... unfound for this case. and, once so found, it must be applied to the circumstances of this litigation. no all-inclusive definition will be attempted. the possibilities of variation in contracts are too great. certainly, however, the court does not mean to say that the employer and employee may capriciously select a certain figure, unrelated to the wages paid, and say ..... weekly. this was then followed by a guaranty that the employee should "receive weekly," for regular and overtime, the former weekly wage. this guaranty was the dominating feature of the contract. without the guaranty, the adoption of a low hourly rate would encounter page 316 u. s. 638 the full weight of employee bargaining power. the guaranty avoids this conflict by .....

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Jan 12 1942 (FN)

Taylor Vs. Georgia

Court : US Supreme Court

..... perform the services or to return the money advanced. since the subsequent breach of the contract by the defendant, however capricious or reprehensible, does not establish a fraudulent intent at the initial stage of the transaction, the content which has been ..... that the phrase "without good and sufficient cause," which appears in 7409, in effect requires proof of fraudulent intent at the time of making the contract and obtaining the money. but this argument is wide of the mark. the words "without good and sufficient cause" plainly refer to the failure to ..... discharged. such coerced labor is peonage. and it is no less so because a presumed initial fraud, rather than a subsequent breach of the employment contract. is the asserted target of the statute. it is, of course, clear that peonage is a form of involuntary servitude within the meaning of the ..... perform the services "without good and sufficient cause," and nothing more. the necessary consequence is that one who has received an advance on a contract for services which he is unable to repay is bound by the threat of penal sanction to remain at his employment until the debt has been ..... is an appropriate implementation of that amendment. p. 315 u. s. 29 . 2. a state statute making it a crime for any person to contract with another to perform services of any kind, and thereupon obtain in advance money or other thing of value, with intent not to perform such service, .....

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Mar 27 1944 (FN)

Tennessee Coal Co. Vs. Muscoda Local No. 123

Court : US Supreme Court

..... thus did not intend that other collective agreements should relieve employers from paying for overtime in excess of an actual workweek of 40 hours, regardless of the provisions of such contracts. mr. justice frankfurter, concurring. the legal question on the record before us lies within a narrow compass. section 7 of the fair labor standards act commands the payment of compensation ..... that such consent was wanting." 1 commentaries 77. see also pollock, first book of jurisprudence, 283 (6th ed.). [ footnote 18 ] congress was not unaware of the effect that collective bargaining contracts might have on overtime pay. it expressly decided to give effect to two kinds of collective agreements, as specified in section 7(b)(1) and (2) of the act. cf ..... . congress intended, instead, to achieve a uniform national policy of guaranteeing compensation for all work or employment engaged in by employees covered by the act. [ footnote 18 ] any custom or contract falling short of that basic policy, like an agreement to pay less than the minimum wage requirements, cannot be utilized to deprive employees of their statutory page 321 u. s ..... amount of time actually worked or the compensation received. instead, working time and payment appear to have been related to the amount of iron ore mined each day. hence, such contract provisions defining the workweek are of little if any value in determining the workweek and compensation under a statute which requires that they be directly related to the actual work .....

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Feb 28 1944 (FN)

J. I. Case Co. Vs. Labor Board

Court : US Supreme Court

..... purpose of again thus utilizing them or under circumstances in which similar infringement of the collective bargaining process would be a probable consequence. the paragraph does not prevent petitioner from contracting with individual employees under circumstances which negative any page 321 u. s. 341 intent to interfere with the employees' right under the act. . . . thus, construed, ..... enforce an agreement more advantageous than a collective agreement, but we find the mere possibility that such agreements might be made no ground for holding generally that individual contracts may survive or surmount collective ones. the practice and philosophy of collective bargaining looks with suspicion on such individual advantages. of course, where there is great variation ..... ordinarily comes into existence from it alone. the negotiations between union and management result in what often has been called a trade agreement, rather than in a contract of employment. without pushing the analogy too far, the agreement may be likened to the tariffs established by a carrier, to standard provisions prescribed by supervising authorities ..... for certification as the exclusive bargaining representative of the production and maintenance employees. on december 17, 1941, a hearing was held at which the company urged the individual contracts as a bar to representation proceedings. the board, however, directed an election, which was won by the union. the union was thereupon certified as the exclusive bargaining .....

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Jun 11 1945 (FN)

Nebraska Vs. Wyoming

Court : US Supreme Court

..... such as is needed for appropriations having priorities senior to seminoe. since joint operation, however, could not be presently instituted, but would have to await modifications of outstanding contracts, we think it best to defer consideration of the proposal until joint operation page 325 u. s. 633 in fact and in law is permissible. the decree ..... federal reservoirs without reference to priorities among themselves or among the lands which they serve, in the event of an appropriate adjustment of storage contracts. concededly, the various storage water contracts, including warren act contracts, preclude joint operation of seminoe and pathfinder. the special master also concluded that joint operation would raise questions concerning rights under wyoming natural flow ..... individual landowners. they designated the number of acres included, the use for which the appropriation was made, the amount of the appropriation, and the priority date. the contracts between the united states and the irrigation districts provided that, after the stored water was released from the reservoir, it was under the control of the appropriate state officials ..... is located wholly in nebraska. these canals and their laterals extend over 1600 miles. the project also includes a drainage system and two hydroelectric power plants. the united states contracted with landowners or irrigation districts for use of the water -- selling it, as contemplated by the reclamation act, so as to recoup the cost of the project, which .....

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