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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1927 Page 1 of about 37 results (0.220 seconds)

Feb 28 1927 (FN)

Pan American Petroleum and Transp. Co. Vs. United States

Court : US Supreme Court

Decided on : Feb-28-1927

..... 732 ; xenia bank v. stewart, 114 u. s. 224 , 114 u. s. 229 ; fidelity & deposit co. v. courtney, 186 u. s. 342 , 186 u. s. 349 -351; aetna indemnity co. v. auto-traction co., 147 f. 95, 98; joslyn v. cadillac co., page 273 u. s. 500 177 f. 863, 865; chicago, burlington & quincy r. co. v. coleman, 18 ..... interest on no. 2. . . . . . . . . . . . . . . . . . 94,351.36 -------------- total . . . . . . . . . . . . . . . . . . . . . . $9,459,748.15 b. transport company is credited: 1. actual cost of storage facilities at pearl harbor, under contracts of april 25, 1922, and december 11, 1922. . . . . . . $7,350,814.11 2. interest on no. 1, . . . . . . . . . . . . . . . . . 820,922.43 3. cost of fuel oil delivered to tanks. . . . . . . . . 1,986 ..... , 1920, c. 253, 41 stat. 1015, 1030; july 12, 1921, c. 44, 42 stat. 122, 130. [ footnote 2 ] a. transport company is debited: 1. all royalty oil, etc., delivered under contracts of april 25, 1922, and december 11, 1922, to may 31, 1925 . . . . . . . . $7,889,759.21 2. profit on their resale . . . . . . . . . . . . . . . 791,012.03 3. interest on no. 1. . . . . . . . . . . . . . . ..... points; to furnish crude oil products and storage facilities at other points, designated by the government, when sufficient crude oil has been delivered to satisfy the pearl harbor contract; to sell the navy at 10 percent less than market price additional available fuel oil produced from the reserves and manufactured products from its california refineries; to credit the .....

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Nov 21 1927 (FN)

Millsaps College Vs. City of Jackson

Court : US Supreme Court

Decided on : Nov-21-1927

..... to be subsequent to the incorporation, was challenged below upon the ground that, if construed to subject the lots in question to taxation, it would impair the obligation of the contract, and under 344, title 28, u.s.c., the cause is subject to review here. while, in cases like this, "we form our own judgment as to the existence and ..... the assessment. it asserts exemption of the property by the act of 1890, and claims that the later general taxing act, if applied thereto, would impair the obligation of the contract contrary to 10, article 1, federal constitution. the supreme court of mississippi said: "the exemption from taxation granted the college covers two classes of property: first, the lands or grounds ..... the general taxing act under which it was levied, if applied to the property in question, would impair the obligation of a contract between the owner and the state. p. 275 u. s. 132 . 2. in determining whether a contract of tax exemption was intended by a state statute, great weight attaches to the decision of the state court. p. 275 u ..... construction of the alleged contract, and are not concluded by the construction which the state court has placed on the statute that forms such contract, yet we give to that construction the most respectful consideration, and it will in general be followed unless it seems to .....

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May 16 1927 (FN)

United States Vs. Sisal Sales Corporation

Court : US Supreme Court

Decided on : May-16-1927

..... our courts, and may be punished for offenses against our laws. moreover, appellees are engaged in importing articles from a foreign country, and have become parties to a contract, combination, and conspiracy intended to restrain trade in those articles and to increase the market price within the united states. such an arrangement is plainly denounced by 73 of ..... plain enough that appellees are parties to a successful plan to destroy competition and to control and monopolize the purchase, importation and sale of sisal. the sherman act inhibits contracts, combinations, and conspiracies to destroy competition in interstate and foreign trade and commerce, as well as attempts to monopolize such trade. sections 73 and 74 of the wilson ..... of sisal from the producers. it also acquired the fiber held by the sisal sales corporation on storage in the united states. thereupon, the sisal sales corporation, through contracts, became the exclusive selling agent of the comision exportadora de yucatan in all markets of the world, and agreed to furnish the funds necessary for their joint operations. appellees ..... of selling their holdings, recouping losses, and securing large gains. later, the other defendants became parties thereto. as the direct outcome of this unlawful combination, conspiracy, and accompanying contracts, it is alleged -- page 274 u. s. 273 appellees have secured a monopoly of interstate and foreign commerce in sisal. the comision exportadora de yucatan has become sole purchaser .....

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Nov 28 1927 (FN)

Atlantic Coast Line R. Co. Vs. Standard Oil

Court : US Supreme Court

Decided on : Nov-28-1927

..... particular company, except after it is shipped to that company from tampa or from jacksonville. there is no passage of title from plaintiff to the contract purchasers, and there is no setting apart of particular oil until the shipments are made at the end of this interval of weeks and months ..... the question whether commerce is interstate or intrastate must be determined by the essential character of the commerce, and not by mere billing or forms of contract, although that may be one of a group of circumstances tending to show such character. the reshipment of an interstate or foreign shipment does not necessarily ..... and possibly to some small consumers. the fuel oil is furnished by the standard oil company of new jersey to the plaintiff under a yearly contract for a million barrels to be delivered monthly in tank steamers at port tampa and jacksonville as needed. approximately 95 percent of the fuel oil ..... the current market prices in effect at the time the products are delivered to plaintiff at port tampa and jacksonville. fuel oil is purchased on yearly contracts at stipulated prices. the tank cars used by the plaintiff in its business are not owned by the railroad company, but are leased by the ..... from the same tanks for the purpose of supplying plaintiff's bulk and service stations, and although sales of fuel oil to customers were largely contracted for by plaintiff in advance of shipment of such oil to plaintiff from point of origin. held that rail transportation of the oil from the .....

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Feb 21 1927 (FN)

Hellmich Vs. Missouri Pacific R. Co.

Court : US Supreme Court

Decided on : Feb-21-1927

..... risk that the compensation to be paid by each for the service of the other would not average more than the same sum. the contract was a contract for many years, the amount of the service on the one hand and on the other might vary from year to year, but year ..... to the proper construction of this section 500(f) of the act of 1918, as follows: page 273 u. s. 249 "messages transmitted under contract. -- where, by contract, a telegraph, telephone, radio, or cable company agrees, in consideration of the payment of a lump sum or of the performance of services, to ..... and exempts receipts on the transportation side of the exchange. but congress did not fix its taxes with reference to the particular phase of this contract by which charges for messages are balanced against those for transportation, and doubtless had satisfactory reasons for exempting the one and not the other. ..... and telephone and cable companies, provided "that nothing in this act shall be construed to prevent telephone, telegraph, and cable companies from entering into contracts with common carriers for the exchange of services." it was held that this proviso was general enough to allow an exchange of services off the ..... and we must treat it as having been the result of transactions of previous years and justified by similar experiences of other railroad and telegraph companies. such contracts between railroads and telegraph lines were and are very frequent. postal telegraph & cable co. v. tonopah railroad co., 248 u. s. 471 . the .....

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Feb 21 1927 (FN)

Sacramento Navigation Co. Vs. Salz

Court : US Supreme Court

Decided on : Feb-21-1927

..... ; no contractual obligations were involved, and the simple inquiry was what constituted the "offending vessel"? here we must ask what constituted the vessel by which the contract of transportation was to be effected? -- a very different question. if the british ship, which here was struck by the barge, were suing to recover damages ..... require us to disregard the actualities of the situation -- namely that the owner of the tug towed his own barge as a necessary incident of the contract of affreightment, and that the transportation of the cargo was in fact effected by their joint operation. the bill of lading declares that the cargo ..... a suit in personam brought by him to recover for the loss of a cargo of barley while it was being towed by the petitioner under a contract of affreightment. page 273 u. s. 327 mr. justice sutherland delivered the opinion of the court. this appeal involves the construction and application of 3 ..... and of towing with one steamer two or more barges at the same time, is a contract of affreightment, in which it is necessarily implied that the barge as a means of transportation will be used in conjunction with a steamer or tug, ..... december 2, 3, 1926 decided february 21, 1927 273 u.s. 326 certiorari to the circuit court of appeals for the ninth circuit syllabus 1. a contract for the transportation of cargo shipped on board a barge, with privilege to the carrier of reshipping, in whole or in part, on steamboats or barges .....

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Nov 21 1927 (FN)

Simmons Vs. Swan

Court : US Supreme Court

Decided on : Nov-21-1927

..... that the plaintiff was not called upon to do anything more. if these were found to be facts, as they might be, the defendant broke his contract, and the plaintiff has a right to recover. we have not mentioned some qualifying details insisted upon by the defendant, because we have to consider only ..... known solvent bank in the neighborhood would be enough. it seems likely that it would have been, except for the defendant's desire to escape from his contract. if, without previous notice, he insisted upon currency that was strictly legal tender instead of what usually passes as money, we think that at least ..... on or before october 1, 1923, and the place the office of davenport & fairhurst, greenfield, massachusetts. time was declared to be of the essence of the contract, and, in case of the plaintiff's failure to perform any of his agreements, the $500 paid at the time of signing was to be retained as ..... was affirmed by the circuit court of appeals. 11 f.2d 267. a writ of certiorari was granted by this court. 273 u.s. 675. by the contract, the defendant agreed to sell to the petitioner, the plaintiff, a pickle factory, its specified equipment, and the goodwill of the business. for this, the plaintiff ..... , and the judge at the trial said that it was perfectly obvious that the defendant was trying to get out from under his contract. it will be noted that the contract contemplated that the first payment should be by check, and, on september 22, the defendant had sent to the plaintiff a letter .....

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May 31 1927 (FN)

Nichols Vs. Coolidge

Court : US Supreme Court

Decided on : May-31-1927

..... tax, and such property, to the extent of the decedent's interest therein at the time of such transfer, or to the extent of such beneficiary's interest under such contract of insurance, shall be subject to a like lien equal to the amount of such tax. any part of such property sold by such transferee or trustee to a bona ..... or after his death (except in the case of a bona fide sale for a fair consideration in money or money's worth) or (b) if insurance passes under a contract executed by the decedent in favor of a specific beneficiary, and if in either case the tax in respect thereto is not paid when due, then the transferee, trustee, or ..... tax, and such property, to the extent of the decedent's interest therein at the time of such transfer, or to the extent of such beneficiary's interest under such contract of insurance, shall be subject to a like lien equal to the amount of such tax." for the united states, it is said that the imposition under consideration is an ..... or after his death (except in the case of a bona fide sale for a fair consideration in money or money's worth) or (b) if insurance passes under a contract executed by the decedent in favor of a specific beneficiary, and if in either case the tax in respect thereto is not paid when due, then the transferee, trustee, or .....

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Apr 11 1927 (FN)

Ford Vs. United States

Court : US Supreme Court

Decided on : Apr-11-1927

..... liquor importation. no particular laws by title or date were referred to in the treaty, but only the purpose and effect of them. plainly it was the purpose of the contracting parties that vessels and men who are caught under the treaty and are proven to have violated any laws of the united states, by which the importation of liquor is ..... owner of the liquor. such implication of immunity leads to inconsistency and injustice. the palpable incongruity contended for is such that, without express words, we cannot attribute to the high contracting parties intention to bring it about. nor have we been advised that great britain has ever suggested that, under this treaty, a crew of a vessel lawfully seized could not ..... has not been given the benefit of article iii shall be referred for the joint consideration of two persons, one of whom shall be nominated by each of the high contracting parties." "effect shall be given to the recommendations contained in any such joint report. if no joint report can be agreed upon, the claim shall be referred to the claims ..... in the united states on the subject of alcoholic beverages, have decided to conclude a convention for the purpose. the first four articles are as follows: " article i" "the high contracting parties declare that it is their firm intention to uphold the principle that 3 marine miles extending from the coast-line outwards and measured from low water mark constitute the .....

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Apr 11 1927 (FN)

Bedford Cut Stone Co. Vs. Stone Cutters' Assn.

Court : US Supreme Court

Decided on : Apr-11-1927

..... or corporation concerned in the purchase, transportation, carting, installation, use, operation, exhibition, display, or repairing of any such press or presses, or the performance of any such contract or contracts, and also and especially from using any force, threats, command, direction, or even persuasion with the object or having the effect of causing any person or persons to ..... or presses manufactured by complainant, or the transportation, carting, installation, use, operation, exhibition, display, or repairing of any such press or presses, or the performance of any contract or contracts made by complainant respecting the sale, transportation, delivery, or installation of any such press or presses, by causing or threatening to cause loss, damage, trouble, or inconvenience to ..... condemned was not, as here, action taken for self-protection against an opposing union installed by employers to destroy the regular union with which they long had had contracts. the action in the duplex case was taken in an effort to unionize an open shop. moreover, there, the combination of defendants was aggressive action directed against ..... union duty by refusing to finish stone "cut by men working in opposition to" the association was confessedly legal. they were innocent alike of trespass and of breach of contract. they did not picket. they refrained from violence, intimidation, fraud, and threats. they refrained from obstructing otherwise either the plaintiffs or their customers in attempts to secure .....

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