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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1937 Page 1 of about 44 results (0.100 seconds)

Jan 04 1937 (FN)

Kuehner Vs. Irving Trust Co.

Court : US Supreme Court

Decided on : Jan-04-1937

..... 299 u. s. 453 if the bankruptcy act was to be broadened to embrace reorganization of corporate debtors, the wisdom of relieving them of continuing liability for rent or under contracts of indemnity was apparent. and if the landlords' claims were to be discharged in the reorganization, they must be admitted to participation on an equitable basis with other claims in shaping ..... trust co. v. irving trust company, [ footnote 2 ] that the broad definition of creditors in 77b gives the petitioners a provable claim for breach of the debtor's covenant of indemnity. the section, however, limits the amount for which such a claim may be allowed. the relevant provision, so far as applicable to petitioners' claim is: "the claim of a landlord ..... provided by the statute. committees representing preferred stockholders and debenture holders objected to allowance of the claim in any amount, asserting the petitioners could not sue on the covenant of indemnity under the state law until the expiration of the term and, having no presently enforceable claim under state law, had none in the reorganization proceeding. the petitioners amended their pleading ..... court of appeals for the second circuit syllabus 1. section 77b of the bankruptcy act provides that, in proceedings to reorganize a bankrupt corporation, the claim of a landlord for indemnity under a covenant contained in a lease which has been rejected by the trustee in bankruptcy "shall be treated as a claim ranking on a parity with debts which would .....

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May 24 1937 (FN)

Hartford Steam Boiler Inspection and Ins. Co. Vs. Harrison

Court : US Supreme Court

Decided on : May-24-1937

..... insurance companies from licensure is unconstitutional. section 1 of the act of 1935 [ footnote 1 ] prohibits licensed fire or casualty insurance companies from writing or issuing any policy or indemnity contract on any risk in the georgia except through a resident agent licensed by the insurance commissioner. the section requires the applicant for a license to be a bona fide resident ..... approved march 28, 1935. georgia laws, 1935, p. 140: "no licensed fire or casualty insurance company or company writing fidelity or surety bonds, shall write or issue any policy or indemnity contract on any risk in this state except through a resident agent licensed by the insurance commissioner: provided . . . the words 'resident agent' as used in this section are deemed to mean ..... is a well recognized difference between stock and mutual insurance companies in that, in the case of the former, the relationship between the company and its policyholders is one of contract merely, they dealing at arm's length, whereas, in the latter, the policyholders are the owners of the company, and constitute its membership. other well known differences between mutual ..... agents of stock companies should not work on a salary has no relation to economy or efficiency in management. the answer of the insurance commissioner states that all of the contracts of mutual fire and casualty insurance companies are "negotiated by salaried employees," and that this method of doing business page 301 u. s. 463 was adopted "in order .....

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Jan 04 1937 (FN)

City Bank Farmers Trust Co. Vs. Irving Trust Co.

Court : US Supreme Court

Decided on : Jan-04-1937

..... subsequent to rejection of the lease. the provision is that the landlord's claim for injury resulting from rejection, or for damages, or for indemnity under a covenant, shall be limited to an amount not exceeding the rent reserved "for the three years next succeeding the date of surrender of ..... 7 ] the language which is italicized in the foregoing quotation from clause 10 can have no other meaning than that claims upon covenants for damages or indemnity arising out of the termination of a lease after initiation of proceedings under 77b are provable. the provision, however, creates no new claim. it merely ..... landlord for loss of future rent. these provisions vary in their terms, some requiring the rendition of indemnity as each installment page 299 u. s. 438 of rent falls due, others at the end of the term when the full difference between ..... lessor's reentry. under the old law, such termination did not give rise to a provable claim for future rent, or for damages, or for indemnity. not uncommonly, lease agreements, in addition to stipulation for termination of the leasehold upon the tenant's bankruptcy, provide that the bankrupt shall indemnify the ..... those for rent to accrue under a lease, or for damages or indemnity payable because of the termination of a leasehold. p. 299 u. s. 438 . 3. section 77b of the bankruptcy act provides: "in case an executory contract or unexpired lease of real estate shall be rejected pursuant to direction of .....

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Mar 29 1937 (FN)

MartIn Vs. National Surety Co.

Court : US Supreme Court

Decided on : Mar-29-1937

..... liability is ended. the purpose of the statute "was not to dictate to the contractor what he should do with the money received on his contract after the contract had been performed." hobbs v. mclean, supra. a transfer of a warrant has need to be accompanied by safeguards lest the assignor may avoid ..... is argument to the contrary. according to that argument, the moneys were to be assigned in the event of default in the performance of the contract between the contractor and the government, and not upon the failure to pay persons other than the government who had claims against the contractor for materials ..... the grounds chosen, though narrower than those assigned below, may be expected to be helpful as a guide in other cases. the proceeds of the contract, when collected by martin under his power of attorney, were received by him with knowledge of the agreement between the contractor and the surety whereby such ..... was one of partnership. it placed its ruling upon the broad ground that, apart from any assignment or any statute, the proceeds of a building contract are chargeable in favor of materialmen with an equitable lien, which attaches upon collection, even if not before, and which cannot be overridden at the ..... assign the payments to the surety in the event of any breach or default in the contract, the proceeds to be credited upon any loss or damage. * there page 300 u. s. 591 was also a covenant of indemnity, and a covenant that, in the event of the filing of any liens, there would .....

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Jan 04 1937 (FN)

Schwartz Vs. Irving Trust Co.

Court : US Supreme Court

Decided on : Jan-04-1937

..... . certiorari to review a judgment of the circuit court of appeals which affirmed the district court in rejecting nine claims of landlords for future rent, or indemnity, in a proceeding to reorganize the lessee corporation under 77b of the bankruptcy act. mr. justice roberts delivered the opinion of the court. the provability ..... lease, reciting the state of the title thereunder, the bankruptcy proceeding, and the authority granted the trustee by the court to reject the lease, the contract contains these provisions: the trustee assigns to the lessor its right, title, and interest in and to the lease and any subleases; the bankrupt does ..... petitioners were lessors of the debtor. their leases were rejected in a bankruptcy proceeding pending when the reorganization section was adopted. all of the leases contained indemnity covenants similar to that considered in kuchner v. irving trust co., ante, p. 299 u. s. 445 . the variant in the present case ..... released, a reservation or restriction applicable only to the release amounted to nothing. the dissenting judge agreed that the contracts operated as surrenders, but held that the riders were not limited in their operation to the release clause alone, but were applicable to the entire ..... contract and were intended and effective to reserve claims which might be found to be provable, despite surrender, either as the result of .....

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Jun 01 1937 (FN)

Great Lakes Transit Corp. Vs. Interstate Steamship Co.

Court : US Supreme Court

Decided on : Jun-01-1937

..... great lakes transit corporation was itself directly concerned, or detract from the stipulation running to that corporation as a carrier and affording it the specified indemnity. nor does the fact that the cost of the insurance was included in the carrier's rate affect the question. the rate would properly ..... said that, "if a valid claim by the underwriter to be subrogated to the rights of the owner will not arise where the carrier has contracted with the owner that he (the carrier) shall have the benefit of any insurance, it would seem to be clear that, where the carrier ..... pay, and did pay, to the petitioner the amounts which the latter became liable to pay and had paid to the cargo owners under the contracts of carriage. these payments having been made, the underwriters now seek to recover back from the petitioner a moiety of what they have paid ..... against marine perils. the agreement to obtain marine insurance did not detract from that, undertaking. had the underwriters been unable to respond to their contracts, petitioner would still have been liable to the cargo owners upon its own engagement. having assumed that liability, petitioner was undoubtedly entitled to take ..... limited to the question of the correctness of the decree in directing recovery from the petitioner. petitioner's contention is that the insurance policies were contracts between the underwriters and the petitioner under which the latter was entitled to be indemnified for the liability it had assumed under its bill of .....

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Dec 06 1937 (FN)

Fidelity and Deposit Co. Vs. Pink

Court : US Supreme Court

Decided on : Dec-06-1937

..... with such loss and the payment thereof." the allemannia policy contained no equivalent terms. it provided: "upon receiving notice of any loss or claim under any contract hereunder reinsured, the said reinsured company shall promptly advise the said allemannia fire insurance company at pittsburgh, pennsylvania, of the same, and of the date and ..... and should have been sustained. we do not question the general rules concerning liability of reinsurers announced in the allemannia case; but the liability under any written contract must be determined upon consideration of the words employed, read in the light of attending circumstances. here, the two insurance companies stood upon an equal footing ..... the affirmance of a judgment of the district court, 15 f.supp. 715, in favor of the present respondent in an action against the petitioner upon a contract of reinsurance. mr. justice mcreynolds delivered the opinion of the court. in 1930, southern surety company, a new york corporation, issued to john de martini company ..... 's liability. allemannia insurance co. v. fireman's insurance co., 209 u. s. 326 , distinguished. p. 302 u. s. 227 . 2. liability under a contract of reinsurance must be determined upon consideration of the words employed, read in the light of attending circumstances. p. 302 u. s. 229 . page 302 u. s. ..... : "the reinsurer shall be entitled to share with the reinsured, in the proportion defined in section 2 hereof, any collateral security or indemnity held by the reinsured. . . ." .....

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Dec 06 1937 (FN)

James Vs. Dravo Contracting Co.

Court : US Supreme Court

Decided on : Dec-06-1937

..... 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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Nov 08 1937 (FN)

Dodge Vs. Board of Education of Chicago

Court : US Supreme Court

Decided on : Nov-08-1937

..... 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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Dec 06 1937 (FN)

Silas Mason Co. Vs. Tax Commission

Court : US Supreme Court

Decided on : Dec-06-1937

..... 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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