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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Page 92 of about 9,212 results (0.228 seconds)

Jun 11 1945 (FN)

Goldstone Vs. United States

Court : US Supreme Court

..... u.s. 687 certiorari to the circuit court of appeals for the second circuit syllabus decedent purchased from an insurance company two single premium contracts. the first contract insured the decedent's life and provided for payment of the proceeds to his wife or, if she predeceased him, to their daughters ..... any subsequent owner, change the form or plan of insurance (without reference to the insured, any beneficiary or subsequent owner), to surrender the contract and receive a specified cash value, to borrow on the policy at her sole election, to receive the dividends in cash or accumulate them ..... unaltered by the fact that the wife had the unrestricted power during the decedent's lifetime to exercise many important incidents of ownership over the contracts, including the power to terminate the decedent's reversionary interest in the proceeds. whatever the likelihood of the exercise of this power, it ..... policies taken out by the decedent upon his own life," is therefore inapplicable. the sole question, then, is whether the proceeds of the contracts are includible in the decedent's gross estate under section 302(c) as the subject of a transfer intended to take effect in possession or ..... , and if the decedent survived all beneficiaries, the proceeds were to be paid to his executors or administrators. the second contract, which the decedent was required to purchase in lieu of a physical examination, provided for semi-annual payments to the decedent during his lifetime and .....

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Jun 04 1945 (FN)

Walling Vs. Harnischfeger Corp.

Court : US Supreme Court

..... part of the overtime but must necessarily help "load" the regular hourly wage. but a properly apportioned overtime function for piecework should be clearly indicated as such in the employment contract. no doubt a law which, while covering piece rates, speaks in terms of hourly rates presents difficulties both for those charged with the law's enforcement and for those under ..... parties agree that these employees should receive such piecework wages, those wages automatically enter into the computation of the regular rate for purposes of section 7(a) regardless of any contract provision to the contrary. moreover, where the facts do not permit it, we cannot arbitrarily divide bonuses or piecework wages into regular and overtime segments, thereby creating an artificial ..... of the statutory regular rate. piecework wages do not escape the force of section 7(a) merely because they are paid in addition to a minimum hourly pay guaranteed by contract. indeed, from another viewpoint, the incentive employees so compensated are in fact paid entirely on a piecework basis with a minimum hourly guaranty. [ footnote 4 ] the conclusion that only ..... regular rate of compensation at which the incentive workers at which the incentive workers are employed. to discover that rate, as in the youngerman-reynolds case, we look not to contract nomenclature, but to the actual payments, exclusive of those paid for overtime, which the parties have agreed shall be paid during each workweek. it is evident that all the .....

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May 21 1945 (FN)

Williams Vs. North Carolina

Court : US Supreme Court

..... fraudulent domicils are now, and always have been, subject to later reexamination, with possible serious consequences. whatever embarrassment or inconvenience resulting to those who have made property settlements, contracted new marriages, or otherwise acted in reliance upon divorce decrees obtained under conditions found to exist in this case is not insurmountable. the states have adequate power, if they ..... trial judge charged that the state had the burden of proving beyond a reasonable doubt that (1) each petitioner was lawfully married to one person; (2) thereafter, each petitioner contracted a second marriage with another person outside north carolina; (3) the spouses of petitioners were living at the time of this second marriage; (4) petitioners cohabited with one another ..... of the utmost significance. the domicil of one spouse within a state gives power to that state, we have held, to dissolve page 325 u. s. 230 a marriage wheresover contracted. in view of williams v. north carolina, supra, the jurisdictional requirement of domicil is freed from confusing refinements about "matrimonial domicil," see davis v. davis, 305 u. s. ..... prosecution was under 14-183 of the general statutes of north carolina (1943): "if any person, being married, shall contract a marriage with any other person outside of this state, which marriage would be punishable as bigamous if contracted within this state, and shall thereafter cohabit with such person in this state, he shall be guilty of a felony and .....

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Jan 29 1945 (FN)

Otis and Co. Vs. Sec

Court : US Supreme Court

..... commission justifies its departure from the rule here only by recurrence in its brief to the proposition that "the essence of the reorganization process is the remolding of contract rights and the substitution therefor of equitable equivalents." to this, the answer is that the commission in this case is liquidating and dissolving, not reorganizing, united, and ..... applicable to any kind of an involuntary liquidation, including one such as the present, the commission can nevertheless override it. such provisions for priority in a corporate charter constitute a contract among the stockholders, which is entitled to constitutional protection, bedford v. eastern building & loan assn., 181 u. s. 227 ; hopkins federal savings & loan assn. v. cleary ..... western pacific r. corp., 318 u. s. 448 ; group of institutional investors v. chicago, m., st. p. & p. r. co., 318 u. s. 523 . [ footnote 14 ] creditors' contracts also have been declared subject to equitable adjustment in corporate reorganizations so long as they receive "full compensatory treatment," whether the reorganization is in bankruptcy ( kansas city terminal r. v ..... accorded various classes of security interests. this right to priority in assets which exists between creditors and stockholders exists also between various classes of stockholders. when, by contract as evidenced by charter provisions, one class of stockholders is superior to another in its claim against earnings or assets, that superior position must be recognized by courts .....

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Jun 21 1948 (FN)

Shapiro Vs. United States

Court : US Supreme Court

..... every common carrier subject to the provisions of the statute to file with the commission copies of its schedules and tariffs of rates, fares, and charges, and of all contracts and agreements between carriers. [ footnote 33 ] it is further suggested that the presence of statutory provisions for confidential treatment, in certain limited respects, of information obtained by ..... 50 u.s.c.app. 922(g). the compulsory testimony act of 1893 provides: "no person shall be excused from attending and testifying or from producing books, papers, tariffs, contracts, agreements, and documents before the interstate commerce commission, or in obedience to the subpoena of the commission . . . on the ground or for the reason that the testimony ..... , which it was in effect construing, provides that, "no person shall be excused page 335 u. s. 26 from attending and testifying or from producing books, papers, tariffs, contracts, agreements, and documents before the interstate commerce commission . . . for the reason that the testimony or evidence, documentary or otherwise, required of him, may tend to criminate him ..... the subpoena directed petitioner to appear before designated enforcement attorneys of the office of price administration and to produce "all duplicate sales invoices, sales books, ledgers, inventory records, contracts and records relating to the sale of all commodities from september 1st, 1944, to september 28, 1944." in compliance with the subpoena, petitioner appeared and, after being sworn, .....

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Jun 27 1949 (FN)

Sec Vs. Central-illinois Securities Corp.

Court : US Supreme Court

..... the liquidation preferences were only one factor in valuation, rather than determinative of amounts payable." 334 u.s. at 334 u. s. 199 . [ footnote 30 ] american law institute, restatement, contracts 468, comment on subsection 3. [ footnote 31 ] the analogy between bonds and preferred stock, cf. 2 dewing, the financial policy of corporations 1247, n.r. (4th ed., 1941) is ..... equitable equivalents on present going concern value to replace stated charter liquidation value as the measure of security satisfaction did not and was not intended to destroy charter or contract right to priority of satisfaction. a. the investment value or going concern value theory rests upon the premise that congress intended to exercise its power to simplify holding ..... be accorded various classes of security interests. this right to priority in assets which exists between creditors and stockholders, exists also between various classes of stockholders. when, by contract as evidenced by charter provisions, page 338 u. s. 140 one class of stockholders is superior to another in its claim against earnings or assets that superior position must ..... , even if the charter liquidation provision by deemed inapplicable, the "fair and equitable" standard requires the application of the "doctrine of frustration." it is said that frustration of a contract by governmental edict or any other supervening event not contemplated by the parties requires that "the loss . . . lie where it falls. neither party can be compelled to pay .....

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Jun 20 1949 (FN)

National Mut. Ins. Co. Vs. Tidewater Transfer Co., Inc.

Court : US Supreme Court

..... "all cases, in law and equity, arising under . . . the laws of the united states," and therefore cognizable by the courts established under article iii. congress can authorize the making of contracts; it can therefore authorize suit thereon in any district court. congress can establish post offices; it can therefore authorize suits against the united states for the negligent killing of a ..... congress, . . . and to those arising from some violation of rights conferred upon the citizen by the constitution. . . . the character of the cause of action -- the fact that it is in contract, as distinguished from tort -- may be important in determining (as under the tucker act) whether consent to sue was given. otherwise, it is of no significance. for immunity from suit ..... . but the sovereign's immunity from suit has never been regarded simply as a question of unavailability of a forum. as hamilton said in the federalist, no. 81: "the contracts between a nation and an individual are only binding on the conscience of the sovereign, and have no pretensions to compulsive force. they confer no right of action independent of ..... one of the states. the petitioner, as plaintiff, commenced in the united states district court for maryland an action for money judgment on a claim arising out of an insurance contract. no cause of action under the laws or constitution of the united states was pleaded, jurisdiction being predicated only upon an allegation of diverse citizenship. the diversity set forth was .....

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Jun 13 1949 (FN)

Standard Oil Co. Vs. United States

Court : US Supreme Court

..... 8 ] it may be noted in passing that the exclusive supply provisions for tires, tubes, batteries, and other accessories which are a part of some of standard's contracts with dealers who have also agreed to purchase their requirements of petroleum products should perhaps be considered, as a matter of classification, tying, rather than requirements, agreements. [ footnote ..... the necessity of demonstrating economic consequences once it has been established that "the volume of business affected" is not "insignificant or insubstantial" and that the effect of the contracts is to "foreclose competitors from [a] substantial market." id. at 332 u. s. 396 . upon that basis, we affirmed a summary judgment granting an injunction ..... -- so the court reasoned -- is an automatic result, for the very existence of such contracts denies dealers opportunity to deal in the products of competing suppliers and excludes suppliers from access to the outlets controlled by those dealers. having adopted this standard of proof ..... the district court held that the requirement of showing an actual or potential lessening of competition or a tendency to establish monopoly was adequately met by proof that the contracts covered "a substantial number of outlets and a substantial amount of products, whether considered comparatively or not." given such quantitative substantiality, the substantial lessening of competition .....

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Apr 25 1949 (FN)

California Vs. Zook

Court : US Supreme Court

..... for pensation sell or offer for sale transporta- sale or negotiates, provides, or arranges tion subject to this part or shall make any for transportation of a person or persons contract, agreement, or arrangement to pro- on an individual fare basis over the pub- vide, procure, furnish, or arrange for such lic highways of the state of california transportation or ..... , however, that no such person shall engage in transportation subject to this part unless he holds a certificate or permit as provided in this part. in the execution of any contract, agreement, or arrangement to sell, provide, procure, furnish, or arrange for such transportation, it shall be unlawful for such person to employ any carrier by motor vehicle who or ..... stat. 921, 49 u.s.c. 303(b). "sec. 211. (a) no person shall for compensation sell or offer for sale transportation subject to this part or shall make any contract, agreement, or arrangement to provide, procure, furnish, or arrange for such transportation or shall hold himself or itself out by advertisement, solicitation, or otherwise as one who sells, provides, procures ..... offers for sale transportation wholly or partially subject to the act, or who negotiates for, or holds himself out by solicitation, advertisement, or otherwise, as one who sells, provides, furnishes, contracts, or arranges for, such transportation;" " and it further appearing that a full investigation of the matters and things involved has been made and that the division, on the date hereof .....

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Mar 07 1949 (FN)

Algoma Plywood Vs. WisconsIn Board

Court : US Supreme Court

..... congress can be stretched far enough to find such congressional intent. since no such intent has been manifested, it seems fair to assume that congress intended that such contracts should remain immune from state attack and continue in force unless terminated under their valid provisions. i would therefore hold that petitioner was obligated to continue to observe the ..... , the creation of this new board negatives any possible contention that dissolution of the war labor board showed an intention to permit states to invalidate previously executed legal contracts approved by the war labor board in the interests of industrial peace. and far from indicating a presidential belief that wage stabilization and industrial peace were no longer ..... the union's terms. january 23, 1943, a collective bargaining agreement was executed which contained the controversial maintenance of union membership clause and an automatic extension clause. this contract was approved by the war labor board. the controversial clause was extended automatically from year to year, and was in effect when the alleged discharge took place. the court ..... agreements. see 1 teller, labor disputes and collective bargaining 170 (1940). here, wisconsin has attached conditions to their enforcement, and has called the voluntary observance of such a contract when those conditions have not been met an "unfair labor practice." had the sponsors of the national labor relations act meant to deny effect to state policies inconsistent with .....

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