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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Page 99 of about 9,200 results (0.122 seconds)

Apr 16 1923 (FN)

Board of Trade Vs. Olsen

Court : US Supreme Court

..... act by which this abuse may be restrained and avoided. the next provision of the act which is attacked as invalid is that which forbids a board, designated as a contract market, from excluding from membership in, and all privileges on, its exchanges any duly authorized representative of a lawfully formed and conducted association of producers having adequate financial responsibility, ..... proper distribution and precipitating a crash in prices. [ footnote 1 ] page 262 u. s. 14 it was charged before the congressional committees that the limitation of deliveries under contracts for futures to warehouse receipts of twelve regular warehouses aggregating but 13,000,000 bushels capacity, with the privilege of a tender of grain in cars on the last three ..... sufficient volume and under such conditions as to reflect the general value of grain and its different grades, and which have been designated by the secretary of agriculture as "contract markets." the act puts these boards of trade under supervision of the secretary of agriculture and imposes conditions page 262 u. s. 6 precedent and subsequent on his power ..... 6. congress having reasonably found that sales of grain for future delivery (most of which transactions do not result in actual delivery, but are settled by off-setting with like contracts), are susceptible to speculation, manipulation, and control, affecting cash prices and consignments of grain in such wise as to cause a direct burden on and interference with interstate commerce .....

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Feb 18 1924 (FN)

Railroad Comm'n Vs. E. Texas R. Co.

Court : US Supreme Court

..... a passenger service is maintained, it shall conform to the standards stated. such a provision falls far short of subjecting a railroad company, through charter contract or otherwise, to an absolute duty to operate its road for the full charter period, even after it becomes reasonably that the operation will be ..... keeping such matters where the legislature may deal with them as changing conditions may require forbids that they be regarded as part of the charter contract unless a purpose to make them such be plainly disclosed. in short, the fact that a particular provision is found in the statutes of ..... of louisiana, supra. a state often has many laws relating to railroads on its statute books which do not become a part of the charter contract -- which are of such a nature that it is apparent the state could not have intended to make or exact a continuing and binding stipulation ..... the appellants rely on two statutory provisions, which they insist were in force when the company was incorporated and became a part of the charter contract. before examining these provisions, it is well to advert to principles which would govern in their absence, and also to considerations bearing on their office ..... and make certain stops, etc., is a mere regulation of passenger service on roads in operation, and does not subject a railroad company, through charter contract or otherwise, to an absolute duty to operate for its full charter period in face of a reasonable certainty of pronounced loss. p. 264 u. s .....

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May 14 1928 (FN)

King Manufacturing Co. Vs. Augusta

Court : US Supreme Court

..... ( see millers v. augusta, 63 ga. 722), but that question is not in this case. the plaintiff's objection is confined to the asserted impairment of a prior contract. judgment affirmed. * followed in sprout v. south bend and nectow v. cambridge, decided this day, post, pp. 277 u. s. 163 , 277 u. s ..... are not now concerned. it is said that the act of february 13, 1925, which amended the jurisdictional provision, was enacted with the purpose of contracting the obligatory jurisdiction of this court. we recognize that there was such a purpose, and that effect should be given to it. but the act dealt ..... the first case in which the phrase "a statute of any state" in the jurisdictional provision was considered and construed. there, a debt arising on contract and owing by a citizen of virginia to citizens of pennsylvania had been sequestrated during the civil war under an enactment of the confederate states, and collected ..... case also involved a municipal page 277 u. s. 107 ordinance which the state court had upheld against the contention that it was in conflict with the contract clause of the constitution. this court took jurisdiction, p. 93 u. s. 121 , on the grounds (a) that the validity of an authority ..... execution various enumerated powers, art. i, 8, cl. 18; that no stated "shall pass" any " ex post facto law, or law impairing the obligation of contracts," art. i, 10, cl. 1; that no state "shall make or enforce any law" abridging the privileges or immunities of citizens of the united states, .....

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Dec 02 1929 (FN)

Railroad Commission Vs. Los Angeles Ry. Corp.

Court : US Supreme Court

..... observed. even if necessary to decide the question, i would not be prepared to say that the refusal of the commission to fix a fare different from the contract rate would destroy the contract. by contracting for a five-cent fare, the railway company waived the protection of the due process clause of the fourteenth amendment. columbus ry. co. v. columbus, ..... preliminary to the whole case is whether the railroad company has bound itself to serve for a five-cent fare. i know of no principle of the law of contracts, qua contracts, which would preclude its doing so, even though the city had no power to obligate itself to maintain any particular rate. it has not purported to exercise such ..... and determine the charges for telephones and telephone service and connections.' this is an ample authority to exercise the governmental power, . . . but entirely unfitted to describe the authority to contract. it authorizes command, but not agreement." section 470 of the civil code (march 21, 1872), cited by appellants, merely regulates procedure. section 497 authorizes political subdivisions to grant authority ..... requiring the sale of such franchises upon advertisement stating the character of the franchise or privilege proposed to be granted, but nowhere expressly empowering the city to establish rates by contract, and the amendment thereof, june 8, 1915 (stats.1915, p. 1300), which authorizes grantors of such franchises to impose such additional terms and conditions, whether "governmental or .....

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Apr 10 1933 (FN)

United States Vs. Dubilier Condenser Corp.

Court : US Supreme Court

..... the varying and conflicting language of the books cannot obscure the reality that, in any case where the rights of the employer to the invention are not fixed by express contract, and no agreement in fact may fairly be implied, equity determines after the event what they shall be. in thus adjudicating in invitum the consequences of the employment relationship, ..... the record in this case discloses that the bureau of standards had no such regulation, it is unnecessary to consider whether the various departments have power to impose such a contract upon employees without authorization by act of congress. the question is more difficult under our form of government than under that of great britain, where such departmental regulations seem to ..... 27 ]" the committee recommended legislation to create an interdepartmental patents board, and further that the law make it part of the express terms of employment, having the effect of a contract, that any patent application made or patent granted for an invention discovered or developed during the period of government service and incident to the line of official duties, which in ..... patents within the government service and to recommend regulations establishing a policy to be followed in respect thereof. the report adverted to the fact that, in the absence of a contract providing otherwise, a patent taken out by a government employee, and any invention developed by one in the public service, is the sole property of the inventor. the committee .....

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Feb 06 1933 (FN)

Dickson Vs. Uhlmann GraIn Co.

Court : US Supreme Court

..... executed and in which the purported other party to the transaction, either acting for himself or a pretended undisclosed principal, was also a clearing member." "4. every pretended contract of purchase or sale executed by plaintiff for defendants was purported to have been carried out in conformity with and in compliance with the rules of the particular grain exchange ..... [acted] as broker for defendants in the purchase and sale of grain for future delivery, and in no case did plaintiff pretend to enter into any other than a brokerage contract with any defendant." "2. every pretended purchase and pretended sale was executed by plaintiff for defendant on the grain exchange in chicago, illinois, minneapolis, minnesota, or winnipeg, manitoba. ..... intended by the parties to be, and in fact were, closed by such countertransactions prior to the time fixed for delivery. in accordance with usage prevailing on all contract market exchanges, defendants' contracts of purchase were closed by corresponding sales, and vice versa. and, in each instance, plaintiff sent a statement to the defendant showing the respective dates of purchase and ..... , and hence invalid under the law of missouri, and (2) that the grain futures act superseded all relevant state laws relating to the subject of dealings in futures on "contract markets," and that the transactions in question, being valid under the federal act, were necessarily valid under the laws of missouri. the circuit court of appeals, one judge dissenting, .....

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Jun 04 1934 (FN)

Lynch Vs. United States

Court : US Supreme Court

..... regulation no. 8, promulgated march 31, 1933, pursuant to this act, provides: "v. except as stated above [matter not here relevant], no payment may hereafter be made under contracts of yearly renewable term insurance (including automatic insurance), and all pending claims or claims hereafter filed for such benefits shall be disallowed." [ footnote 14 ] see note 11 [ footnote 15 ..... many grants of gratuities to veterans and dependents of veterans. congress apparently assumed that there was no difference between the legal status of these gratuities and the outstanding contracts for yearly renewable term insurance. it used in respect to both classes of benevolences the substantially same phrase. it repealed "all public laws" relating to the several ..... heavy burdens were assumed by the government. [ footnote 2 ] but the policies, although not entered into for gain, are legal obligations of the same dignity as other contracts of the united states and possess the same legal incidents. war risk insurance, while resembling in benevolent purpose pensions, compensation allowances, hospital and other privileges accorded to former members ..... for the government's obligation, the insured paid prescribed monthly premiums. white v. united states, 270 u. s. 175 , 270 u. s. 180 . true, these contracts, unlike others, were not entered into by the united states for a business purpose. the policies granted insurance against death or total disability without medical examination at net premium rates .....

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Dec 06 1937 (FN)

James Vs. Dravo Contracting Co.

Court : US Supreme Court

..... states. [ footnote 2/52 ] the same considerations of remoteness sustain taxes upon the mere purchase of articles intended for use in interstate commerce or for the fulfillment of government contracts. [ footnote 2/53 ] i conclude, then, that the tax in question is plainly imposed upon the operations of the federal government; that it falls squarely within the definition ..... tax upon the gross premiums received by a company as surety upon bonds running to the united states for "internal revenue, customs, united states government officials, united states government contracts, and banks for united states deposits," and "bonds given in courts of the united states in litigation there pending." while the challenged tax was "an exaction for the ..... not upon the same footing. the decision was a definite refusal to extend the doctrine of cases relating to government securities and to the instrumentalities of government to earnings under contracts for labor. the reasoning upon which that decision was based is controlling here. we recognized that, in a broad sense, "the burden of federal taxation necessarily sets ..... materials used in the manufacture of the roller gates, lock gates, cranes, substructure racks and spur rims, structural steel, patterns, hoisting mechanism and equipment, under each of its contracts, and fabricated the same at its pittsburgh plant. the roller gates and the appurtenant equipment were pre-assembled at respondent's shops at pittsburgh, and were there inspected and tested .....

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Dec 06 1937 (FN)

Silas Mason Co. Vs. Tax Commission

Court : US Supreme Court

..... more fully recognized, or the assumption of exclusive legislative authority by the united states more effectively disclaimed, than by the action of congress in ratifying the provisions of these contracts. appellants' argument comes to this -- that we must not only override the construction of the state statute by the state court, but that we must construe the ..... the area has been taken by local prosecutors and judicial officers. it is futile to say that these local authorities became federal authorities pro hac vice, for the contracts which have been ratified by congress manifestly contemplated action by the local officers as representatives of the state and as acting in the exercise of state jurisdiction. in particular ..... function in view may be performed without disturbing the local administration in matters which may still appropriately pertain to state authority. in our opinion in james v. dravo contracting company, supra, we observed that the possible importance of reserving to the state jurisdiction for local purposes which involve no interference with the performance of governmental functions is becoming ..... commissioner of the bureau of reclamation, under the provisions of the reclamation act of june 17, 1902 (32 stat. 388), and amendatory and supplementary acts made a contract with the columbia basin commission by which the united states agreed to undertake topographic surveys and exploratory work and prepare certain designs and estimates for which the columbia basin commission .....

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Nov 08 1937 (FN)

Dodge Vs. Board of Education of Chicago

Court : US Supreme Court

..... of age or over "shall upon their own request be retired . . . , and thereafter be paid annuities for life." appellants admit that this is not the normal language of a contract, but rely on the circumstance that they, as teachers, especially those who voluntarily retired when otherwise they would not have been required so to do, rightly understood the state was ..... involving no agreement of the parties and subject to modification or abolition at the pleasure of the legislature. [ footnote 7 ] the parties agree that a state may enter into contracts with citizens, the obligation of which the legislature cannot impair by subsequent enactment. they agree that legislation which merely declares a state policy and directs a subordinate body to carry ..... be deprived; that the miller law constituted an offer which each of them had accepted by remaining in service until compulsory retirement or by retiring; that the obligation of the contract had thus been perfected, and its attempted impairment by the later enactment was ineffective, and praying that the board be commanded to rescind action taken pursuant to the act ..... in respect of retirement privileges and pay. mr. justice roberts delivered the opinion of the court. the appellants challenge an act of illinois which they assert impairs the obligation of contracts in contravention of article 1, section 10, of the constitution of the united states, and deprives them of a vested right without due process contrary to the fourteenth amendment. .....

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