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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1931 Page 1 of about 27 results (0.065 seconds)

Apr 13 1931 (FN)

Maynard Vs. Elliott

Court : US Supreme Court

Decided on : Apr-13-1931

..... as to place his claim, so far as its certainty of accrual and its susceptibility of liquidation are concerned, upon the same footing as the contract of indemnity which was held provable in williams v. u.s. fidelity co., supra, although the claimant had done nothing at the time of the bankruptcy to ..... satisfy the liability for which the indemnity was given. see also central trust co. v. chicago auditorium, supra, pp. 240 u. s. 593 -594. the claim against the indorser of paper ..... such as to make any valuation of the claim impossible, even though liability has attached. of this latter class was the claim upon the bankrupt's contract to pay his divorced wife a specified amount annually so long as she should remain unmarried, proof of which was for that reason rejected in dunbar ..... contingent claims in 63 of the present act has led to some confusion and uncertainty in the decisions, it is now settled that claims founded upon contract, which at the time of the bankruptcy are fixed in amount or susceptible of liquidation, may be proved under subdivision (a)(4) of that section ..... with a rebate of interest upon such as were not then payable and did not bear interest; . . . (4) founded upon an open account, or upon a contract espress or implied. . . ." "(b) unliquidated claims against the bankrupt may, pursuant to application to the court, be liquidated in such manner as it shall direct, .....

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Nov 23 1931 (FN)

Sun Insurance Office Vs. Scott

Court : US Supreme Court

Decided on : Nov-23-1931

..... a species of security by a debtor to his creditor, who may be willing to trust to the debtor's honesty, his skill and success in trade, but who requires indemnity against such accidents as loss by fire, or the perils of navigation. . . ." "in the face of this frequent use of the two indorsements on the policy, it cannot be held ..... notwithstanding." he asserts that the decisions of the ohio courts interpreting this statute are to the effect that the agency thus imputed to the solicitor extends to all matters of contract with respect to the policy, including consent to the alteration of its terms. on its face, the statute does not go so far. we have examined the authorities cited, and ..... created by the statute, but leave it to be defined by applicable principles of common law. in the present cases, the policy limits its scope, and we think the written contract must control. for the reasons given, it is clear that the petitioners did not waive the condition against incumbrance nor consent to the giving of the chattel mortgage, and that .....

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Feb 24 1931 (FN)

Coolidge Vs. Long

Court : US Supreme Court

Decided on : Feb-24-1931

..... them even remotely bears on the question here raised -- whether a tax levied in respect of the future enjoyment of property which chanced to be acquired under an earlier contract impairs the contract. that question, often raised, has always been answered here in the negative. in orr v. gilman, supra, it was claimed that a succession tax law enacted after the original ..... the time of the marriage were contractual rights of such a character that they could not be essentially changed or modified by subsequent legislation without impairing the obligations of the contract, and thereby violating the constitution of the united states. but even although this theoretical proposition be page 282 u. s. 636 fully conceded for the sake of the argument, it ..... had technically owned prior to the passage of the taxing statute . the supreme court of california held the tax valid against her insistence that this was a violation of the contract clause, the due process clause, and the equal protection clause of the federal constitution. this court sustained the judgment, and said: "but, in every conceivable aspect, this proposition must rest ..... of an inheritance tax assessed under 1, c. 65, general laws. there was drawn in question the validity of the statute on the ground of its being repugnant to the contract clause of the federal constitution and the due process and equal protection clauses of the fourteenth amendment. the probate court reserved for the consideration of the supreme judicial court all .....

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Nov 23 1931 (FN)

De Laval Steam Turbine Co. Vs. United States

Court : US Supreme Court

Decided on : Nov-23-1931

..... it was not intended thereby, in the face of the precise terms of the statutory provision, to include within the reach of the implication only future contracts, and exclude therefrom existing contracts. the contract there and the contracts here were entered into not only subject to statutes already in force, but to those which should thereafter be passed. louisville & nashville r. co. ..... regulating interstate commerce as to render that agreement unenforceable or to impair its value. that the exercise of such power may be hampered or restricted to any extent by contracts previously made between individuals or corporations is inconceivable. the framers of the constitution never intended any such state of things to exist." there is nothing in the findings or ..... , is whether this circumstance alters the rule in respect of just compensation. in determining that question, the cardinal point to be borne in mind is that, whether the contract requisitioned or cancelled be one with the government or one between private individuals, the person whose property rights are taken or destroyed is entitled to receive just compensation, not damages ..... into subject to future exertion of the power of eminent domain. id. 70 ct.cls. 51 affirmed. certiorari, 283 u.s. 814, to review a judgment fixing compensation for contracts requisitioned and afterwards cancelled by the government. page 284 u. s. 68 mr. justice sutherland delivered the opinion of the court. petitioner, a manufacturer of marine steam turbines, .....

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Jan 05 1931 (FN)

Stange Vs. United States

Court : US Supreme Court

Decided on : Jan-05-1931

..... analogy of the rule that private debts barred by the statute of limitations may be effectively revived, after the bar has fallen, by a new promise without new consideration. williston, contracts, 160-184. second. it is contended that the so-called waiver was inoperative because its provisions did not conform to 250(d) of the revenue act of 1921, in that ..... not in terms referring to "determination" or "collection" of the tax, was valid, and comprehended both assessment and collection. p. 282 u. s. 275 . 3. a waiver is not a contract, and the provision of 250(d) requiring the commissioner's signature was inserted for purely administrative purposes, and not to convert into a ..... in florsheim bros., etc. v. united states, 280 u. s. 453 , 280 u. s. 466 , a waiver is not a contract, and the provision requiring the commissioner's signature was inserted for purely administrative purposes, and not to convert into a contract what is essentially a voluntary, unilateral waiver of a defense by the taxpayer. the ambit of the commissioner's authority ..... contract what is essentially a voluntary, unilateral waiver of a defense by the taxpayer. p. 282 u. s. 276 . 6 ct.cls. 395 affirmed. certiorari, 281 u.s. 707, to review .....

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May 25 1931 (FN)

Smith Vs. Cahoon

Court : US Supreme Court

Decided on : May-25-1931

..... requirement that a page 283 u. s. 566 certificate holder who is a private carrier shall give a bond or policy for the goods carried by him, irrespective of his contract with his employer whose goods he carries, and if we consider only the provision for the protection of the public with respect to the use of the highways, another constitutional ..... public highways in this state between fixed termini or over a regular route, whether such transportation for compensation is as common carriers or as carriers for particular persons under special contract; but the statute does not require private carriers to become common carriers, and the provisions of the statute that are legally applicable only to common carriers are not intended to ..... termini and over regular routes, all within the state, not [as] a common carrier, but as a private carrier under special contract." from the undisputed evidence upon the preliminary hearing, it appears that the appellant was employed under an exclusive contract with the atlantic & pacific tea company in hauling its merchandise from jacksonville to various places in florida. he has never held .....

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Jan 05 1931 (FN)

United States Vs. Chicago, M., St.P. and P. R. Co.

Court : US Supreme Court

Decided on : Jan-05-1931

..... the stockholders to pay for the reorganization would necessarily ever come into the possession or control of the new company, and, since its disposition was a mere matter of private contract between the stockholders and the reorganization managers, the condition was beyond the power of the commission. the question is thus presented whether the salutary provisions of 20(a) can be ..... view, any legislative page 282 u. s. 328 or administrative edict which purports to empower the carrier to take the property without compensation and dispose of it not as the contract provides, but as the governmental body may direct, must fail as a futile attempt to accomplish what the constitution does not permit. second. the jurisdiction of the federal district courts ..... law. in the light of the foregoing, we examine the provision of the reorganization plan in respect of the special fund of $1.50 per share. that provision embodies a contract between the committees (voluntarily created by private persons), the managers, and such stockholders as shall elect to become depositors under the plan and shall advance, with other monies for other ..... , insofar as the $1.50 fund was concerned, and its action in respect thereto was an interference with private property and rights lying outside the field of federal jurisdiction. the contract in respect of that fund was not one in respect of commerce, but involved a transaction distinct and complete in itself, without regard to its results, and, whether succeeded by .....

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May 18 1931 (FN)

Merchants Warehouse Co. Vs. United States

Court : US Supreme Court

Decided on : May-18-1931

..... could be made as carload shipments, the real owners being concerns which ship carload merchandise to appellants for distribution by them in less than carload lots. the contract warehouses, being given dominion over the merchandise for transportation purposes, are to be deemed consignors of shipments from, and consignees of shipments to, their warehouses. appellants ..... using public warehouse facilities generally select the company offering the lowest aggregate charge for the distribution of their goods, and, by reason of the allowances made, the contract warehouses are able to quote lower prices than their competitors, thus securing business which would otherwise go to the latter. the primary motive for the payment of ..... with one or another of the three railroads, and are competitors of appellants, instituted proceedings before the interstate commerce commission in which they assailed the terminal service contracts referred to as unjustly discriminatory and unduly preferential, and the payments made under them as unlawful rebates. numerous merchants' organizations of philadelphia intervened in the proceedings, ..... their stations in philadelphia. the pennsylvania and baltimore & ohio railroads have designated some of appellants' warehouses as parts of their station facilities there. all three have contracts of longstanding with one or more appellants under which the latter, at their warehouses, afford facilities and perform services in connection with the loading and unloading of package .....

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Apr 13 1931 (FN)

New York Life Ins. Co. Vs. Bowers

Court : US Supreme Court

Decided on : Apr-13-1931

..... 1000, revenue act of 1918, which provides that, "in computing the tax in the case of insurance companies, such deposits and reserve funds as they are required by law or contract to maintain or hold for the protection of or payment to or apportionment among policyholders shall not be included," applies not to mutual, but to stock, insurance companies. p. 283 ..... used to measure the excise. that provision is: "in computing the tax in the case of insurance companies, such deposits and reserve funds as they are required by law or contract to maintain or hold for the protection of or payment to or apportionment among policyholders shall not be included." the legislative history of 1000 goes far to make its meaning .....

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Feb 24 1931 (FN)

Prussian Vs. United States

Court : US Supreme Court

Decided on : Feb-24-1931

..... think the indictment is to be sustained as charging an offense under 29 of the criminal code, which punishes the forgery of "any deed, power of attorney, order, certificate, receipt, contract, or other writing, for the purpose of obtaining or receiving . . . from the united states, or any of their officers or agents, any sum of money." the indictment alleges specifically and ..... punished forgery of endorsements on pension checks and money orders. 2. section 29 of the criminal code, which punishes the forgery of "any deed, power of attorney, order, certificate, receipt, contract, or other writing, " for the purpose of obtaining or receiving from the united states, or any of its officers or agents, any sum of money applies to the act of .....

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