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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1922 Page 1 of about 39 results (0.089 seconds)

May 29 1922 (FN)

Pine Hill Coal Co., Inc. Vs. United States

Court : US Supreme Court

Decided on : May-29-1922

..... , as a result of keeping to them, as the claimant did, the receipts were actually less than the cost of production. on these facts, the petition sets up a contract of indemnity on the part of the united states arising out of the language to be quoted from 25. it was dismissed on demurrer by the court of claims. the paragraph of ..... expressed in the plainest language. p. 259 u. s. 196 . 55 ct.clms. 433 affirmed. appeal from a judgment sustaining a demurrer to a petition setting up a claim to indemnity for losses resulting from sales of coal at prices fixed by the government. page 259 u. s. 194 mr. justice holmes delivered the opinion of the court. this case, like .....

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May 29 1922 (FN)

industrial Comm'n Vs. Nordenholt Corp.

Court : US Supreme Court

Decided on : May-29-1922

..... under the doctrine approved in southern pacific co. v. jensen, no state has power to abolish the well recognized maritime rule concerning measure of recovery and substitute therefor the full indemnity rule of the common law. such a substitution would distinctly and definitely change or add to the settled maritime law, and it would be destructive of the" "uniformity and ..... not come into conflict with any superior maritime law. and this is true whether awards under the act are made as upon implied agreements or otherwise. the stevedore's contract of employment did not contemplate any dominant federal rule concerning the master's liability for personal injuries received on land. in jensen's case, rights and liabilities were definitely ..... work material prejudice to the general maritime law. the accident occurred on navigable waters, and the cause was of a kind ordinarily within the admiralty jurisdiction. neither the general employment contracted for nor the workman's activities at the time had any direct relation to navigation or commerce -- it was essentially a local matter -- and we said: "under such circumstances ..... , 234 u. s. 59 -60, we said: "the work of a stevedore in which the deceased [jensen] was engaging is maritime in its nature; his employment was a maritime contract; the injuries which he received were likewise maritime, and the rights and liabilities of the parties in connection therewith were matters clearly within the admiralty jurisdiction." the doctrine that locality .....

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May 15 1922 (FN)

Hill Vs. Wallace

Court : US Supreme Court

Decided on : May-15-1922

..... antagonizing customers or other business connections or the public is a motive which quite commonly and properly influences the conduct of men. if, after the corporation has become a "contract market," its directors and managing officers should seek to subject the plaintiffs as members to unauthorized restrictions, or should attempt to deprive them of vested rights, page 259 u ..... board and all its privileges any authorized representative of any lawfully formed and conducted cooperative associations of producers having adequate financial responsibility: provided, that no rule of the contract market against rebating commissions shall apply to the distribution of earnings among bona fide members of any such associations. f when the governing body of the board shall make ..... board of directors would admit to membership on the board the representatives of the cooperative associations of producers; that the secretary of agriculture would designate such board as a contract market, and that such action by the board of directors would cause irreparable injury to the complainants and all the other members of the board. complainants set out ..... to be delivered or only nominally referred to, upon each and every privilege or option for a contract either of purchase or sale of grain, intending hereby to tax only the transactions known to the trade as 'privileges,' 'bids,' 'offers,' 'puts and calls,' 'indemnities,' or 'ups and downs.'" this is the imposition of an excise tax upon certain transactions .....

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May 01 1922 (FN)

Sloan Shipyards Corp. Vs. U.S. Fleet Corp.

Court : US Supreme Court

Decided on : May-01-1922

..... 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. the judgment in this case also must be reversed. the third case ..... of the district of columbia (herein called the 'corporation') representing the united states of america, party of the second part." throughout the contract, the undertakings of the party of the second part are expressed to be undertakings of the corporation, and it is this corporation and its ..... upon a different footing from those formed under the laws of the states. we attach no importance to the fact that the second contract, alleged to have been illegally extorted, was made with the fleet corporation "representing the united states of america." the fleet corporation was ..... capital city iron works, and anacortes shipbuilding company. according to the allegations, on may 18, 1917, the new corporation made an elaborate contract with the sloan shipyards corporation for the building by the latter of sixteen wooden vessels. at that time, the emergency fleet corporation had only ..... , as we have said, is a claim of priority in bankruptcy. it was asserted against the estate of the eastern shore shipbuilding corporation, in the district court for the southern district of new york, under a contract .....

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May 29 1922 (FN)

Morrisdale Coal Co. Vs. United States

Court : US Supreme Court

Decided on : May-29-1922

..... got was not a fair one, but only that, if the government had not issued the regulation, it would have got more under its contract. considerably more than that is needed before a promise of indemnity from the government can be implied. see american smelting & refining co. v. united states, 259 u. s. 75 . judgment affirmed. ..... fix the price of coal and to regulate distribution page 259 u. s. 190 of it among dealers and consumers; the price so fixed not to invalidate contracts previously made in good faith in which prices are fixed. 40 stat. 286. the claimant does not argue that this section provides compensation for obedience to orders ..... this is an appeal from a judgment of the court of claims dismissing the appellant's petition upon demurrer. the petition alleges that the claimant had outstanding contracts calling for more than the actual production of its mines for the months of june and following through november, 1918, at a price of $4.50 per ..... , if any, is under 145 of the judicial code, giving the court of claims jurisdiction of claims upon any contract, express or implied, with the government. it contends that, upon the facts stated, a contract on the part of the government must be implied, both from the statute and by virtue of the fifth amendment ..... s coal was sold by it to private buyers at a price fixed by the government which was less than the claimant had previously contracted to sell it for to others. held that there page 259 u. s. 189 was no taking by the government and no .....

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Jan 03 1922 (FN)

The Western Maid

Court : US Supreme Court

Decided on : Jan-03-1922

..... be remitted to the insufficient or evasive responsibility of persons, but shall have the security of the tangible and available value of the thing. and this responsibility and fullness of indemnity we have seen it was declared in the john g. stevens, supra, distinguished the law of this country from that of england. but, if the contention were conceded, it would ..... "a mere congeries of wood and iron," but, after launching, she took on a name, a personality of her own, and had in a sense volition, became competent to contract and be contracted with, sue and be sued, could have agents of her own, was capable of committing a tort, and was pledged to its reparation. cases were cited, the siren, among .....

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Dec 04 1922 (FN)

Portsmouth Harbor Land and Hotel Co. Vs. United States

Court : US Supreme Court

Decided on : Dec-04-1922

..... interests in land without first instituting condemnation proceedings had been largely removed. we know that, by act of june 30, 1906, c. 3914, 34 stat. 764, a contract involving payment of money may not be made in excess of appropriations. 30 op. attys.gen. 147, 149. we know that act of march 3, 1919, c ..... promise, and there is not to be found in the petition, or in the exhibits incorporated by reference, a single allegation, however general, of an implied contract. this omission would not be fatal if the petition set forth the facts essential to the existence of the cause of action. but it does not. an ..... set forth in the petition would, alone or in connection with other evidence, justify the court in finding such a taking and the implied contract. the case was heard on demurrer to the petition; the facts therein set forth must therefore be taken as the ultimate facts, and they must be ..... that the government took, by eminent domain, the land or an easement therein, and that such taking, if made under circumstances which give rise to a contract implied in fact to pay compensation, will entitle the owner to sue in the court of claims. but the question here is not whether the facts ..... do the acts, even if the possible legal consequences were unforeseen. if the acts amounted to a taking, without assertion of an adverse right, a contract would be implied whether it was thought of or not. the repetition of those acts through many years and the establishment of the fire control may be .....

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Jun 05 1922 (FN)

United Mine Workers Vs. Coronado Coal Co.

Court : US Supreme Court

Decided on : Jun-05-1922

..... of bache's men for defense. it offered protection, and its burning was only a part of the general destruction. bache's breach of his contract with the district no. 21, in employing nonunion men three months before it expired, his attempt to evade his obligation by a hugger-mugger of ..... united mine workers of america, dated chicago, january 28, 1898, it was stipulated: "that the united mine workers organization, a party to this contract, do hereby further agree to afford all possible protection to the trade and to other parties hereto against any unfair competition resulting from a failure to ..... the business of the corporation. surely no stricter rule can be enforced against an unincorporated organization like this. here, it is not a question of contract, or of holding out an appearance of authority, on which some third person acts. it is a mere question of actual agency, which the ..... cases, the president appoints a financial agent to assume responsibility for money to be expended from the international funds, and he only can make binding contracts. there is a uniform system of accounting as to the disbursements for strikes. the membership of the union has reached 450,000. the dues received ..... company, closed down and discontinued as union mines, preparatory to reopening as open shop mines in april. they were to be operated under a new contract by the mammoth vein coal mining company. another of the companies, the hartford coal company, which had not been in operation, planned to start .....

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Apr 10 1922 (FN)

Standard Fashion Co. Vs. Magrane-houston Co.

Court : US Supreme Court

Decided on : Apr-10-1922

..... two years from its date and from term to term thereafter until terminated by either party by giving three months' notice within thirty days after the expiration of any contract period, the contract to continue in effect during such three months, held, where notice was not given after the first two years, to have remained effective for two years longer and ..... patterns were sold. either party desiring to terminate the agreement was required to give the other party three months' notice in writing within thirty days after the expiration of any contract period, the agency to continue during such three months. upon expiration of such notice, respondent agreed to promptly return to petitioner all standard patterns, and petitioner agreed to ..... petitioner. respondent agreed to purchase a certain number of patterns. upon expiration of the notice of termination, the respondent agreed to promptly return all standard patterns bought under the contract. in the event of the disposition of the business property of the respondent at washington street and temple place, the respondent might deliver its stock of standard patterns to ..... reach the agreements embraced within its sphere in their incipiency, and, in the section under consideration, to determine their legality by specific tests of its own which declared illegal contracts of sale made upon the agreement or understanding that the purchaser shall not deal in the goods of a competitor or competitors of the seller which "may substantially lessen .....

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Nov 13 1922 (FN)

Duesenberg Motors Corp. Vs. United States

Court : US Supreme Court

Decided on : Nov-13-1922

..... its disappointment. we have seen that counsel make much of the effect of the government's urgency, and, it is contended, time in consequence became an essential of the contract. this, the contention is, influenced the contractor and necessarily determines the obligation of the government. the government was undoubtedly urgent, made so by its serious page 260 u. s ..... for efficient instrumentalities, and the contractor was enticed by the profit of their manufacture. the matters were urgent, but they were beset with contingencies. the government could terminate the contract in the interest of the public welfare, and the war might cease. the latter did happen. however, before it happened and before, it may be, there were signs ..... part of the contractor. and time, it is contended, being of the essence of the contracts, this necessarily implied that the united states must have done everything to permit the contractor to comply with its obligations. the government, however, was delinquent, and it is alleged ..... the united states, the court of claims decided the contractor entitled to no relief and dismissed its petition. this action is contested, and it is earnestly insisted that the contracts made time their essence and required speed and dispatch from the contractor, and demanded in their performance precedence upon all other work, involving necessarily sacrifice and expense upon the .....

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