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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1938 Page 1 of about 42 results (0.061 seconds)

May 23 1938 (FN)

Aetna Ins. Co. Vs. United Fruit Co.

Court : US Supreme Court

Decided on : May-23-1938

..... in the effect of the valuation clause, in fixing the liability of the insurer, do not alter the character of the valued policy as a contract of indemnity, or afford any basis for alteration of his rights as an indemnitor. whether, upon a valued or an open policy, he is entitled to ..... to exclude proof of actual value when relevant. p. 304 u. s. 435 . 3. the valued policy, like an open policy, is a contract of indemnity; in either case the indemnitor is entitled to share in the insured's recovery of damages for loss of the ship only by page 304 u. s ..... the litigation. petitioners submit no interest computations, and have otherwise made no effort to sustain the burden of proving that respondent has received more than indemnity for the delay in payment of as much of the loss as was not covered by insurance. since the expenses have been apportioned by charging the ..... as a co-insurer of the hull in event of total loss. petitioners make no contention that respondent, if so regarded, has received more than appropriate indemnity after the distribution of the proceeds of the collision suit. the total insurance received by respondent from the insurers in 1918 and 1919, aggregating $886, ..... for would require a radical departure from the principle on which subrogation is founded. consistently applied, it would in some cases deprive the insured of indemnity, and indeed might enable the insurer to make a profit by recovering more from the insured than the amounts paid on the policy. we are unable .....

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Feb 14 1938 (FN)

New York Life Ins. Co Vs. Gamer

Court : US Supreme Court

Decided on : Feb-14-1938

..... the charges to which it referred. it falls far short of sustaining the instructions challenged in the present case. under the contract in the case now before us, double indemnity is payable only on proof of death by accident as there defined. the burden was on plaintiff to allege, and by ..... bodily injury effected solely through external, violent, and accidental means. . . . double indemnity shall not be payable if the insured's death resulted from self-destruction, whether sane or insane." respondent sued petitioner in a state court for $20 ..... cause, or $20,000 in case of death resulting from accident as defined by a provision the pertinent parts of which follow: "the double indemnity . . . shall be payable upon receipt of due proof that the death of the insured resulted directly and independently of all other causes from ..... , from bodily injury effected solely through external, violent, and accidental means, but that double indemnity should not be payable if the death resulted from self-destruction. the insured died of a rifle shot. in an action on the policy ..... 1938 303 u.s. 161 certiorari to the circuit court of appeals for the ninth circuit syllabus a life insurance company stipulated to pay double indemnity (twice the face of the policy) upon receipt of due proof that death of the insured resulted, directly and independently of all other causes .....

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May 02 1938 (FN)

RuhlIn Vs. New York Life Ins. Co.

Court : US Supreme Court

Decided on : May-02-1938

..... the new york life insurance company, respondent here, filed its bill of complaint in the district court for western pennsylvania to rescind, because of certain misrepresentations, the disability and double indemnity provisions in five policies issued on the life of defendant john g. ruhlin, and made in favor of the other defendants as beneficiaries. the bill alleged that the plaintiff is ..... of circuits, the court granted certiorari. it was stated in carpenter v. providence washington ins. co., 16 pet. 495, 41 u. s. 511 , that questions concerning the proper construction of contracts of insurance are "questions of general commercial law," and that state decisions on the subject, though entitled to great respect, "cannot conclude the judgment of this court." a limitation was ..... the pennsylvania court would have applied. the pleadings might have shown in what place the policy was delivered [ footnote 2 ] and perhaps other facts attending the making of the insurance contract. it may be noted that petitioner's brief asserts, without record reference, that the applications for the first two policies were made in pennsylvania, and the application for the remaining ..... here set up. mayer v. prudential life insurance company of america, 121 pa.super. 475, 184 a. 267." [ footnote 2 ] under the general doctrine, the interpretation of an insurance contract depends on the law of the place where the policy is delivered. mutual life ins. co. v. johnson, 293 u.s. 293 u. s. 339 . we do not now determine .....

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May 31 1938 (FN)

Collins Vs. Yosemite Park and Curry Co.

Court : US Supreme Court

Decided on : May-31-1938

..... the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings." [ footnote 14 ] james v. dravo contracting co., 302 u. s. 134 , 302 u. s. 148 . [ footnote 15 ] fort leavenworth r. co. v. lowe, supra; chicago, r.i. & p. r ..... interfere with an agency of the united states, but may be actually partly collected from the national government because of its interest in the profits under the contract, is fully answered by the fact that the united states, by its acceptance of qualified jurisdiction, has consented to such a tax. [ footnote 29 ..... the california act, and that payment of such license fees or taxes will not be allowed as an operating expense under the contract. appellee brought this suit to restrain enforcement of the alcoholic beverage control act within yosemite park on the theory that the park is within ..... and criminal proceedings against appellee for violation of the act. on the other hand, appellee's allegations continue, the secretary of the interior, under the contract of lease, has approved prices making no allowance for taxes, and has instructed appellee to apply for no license and to pay no tax under ..... act cited. p. 304 u. s. 534 . 3. a corporation operating hotels, camps, and stores in the yosemite national park, under a contract with the secretary of the interior obliging it to pay over to him a portion of its excess profits, imported beer, wine and spirits from places outside .....

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Feb 28 1938 (FN)

St. Paul Mercury Indem. Co. Vs. Red Cab Co.

Court : US Supreme Court

Decided on : Feb-28-1938

..... claimed was largely in excess of $3,000, exclusive of interest and costs. the items which went to make up the respondent's demand for indemnity were numerous, and page 303 u. s. 296 each in turn was itself the total of several items of expenditure or liability. there is nothing ..... , and overruled a demurrer to the complaint as not stating facts sufficient to constitute a cause of action. the answer denied the making of the contract. a jury trial was waived and the court made findings, stated its conclusions, and entered judgment for the respondent for $1,162.98. the ..... the respondent thereafter filed an amended complaint, the substance of which is not now material, and later a "second amended complaint for breach of contract and for damages," in which the allegations of the original complaint were repeated and damages were claimed in the sum of $4,000. an exhibit ..... that the petitioner had been notified of each injury and investigated it in connection with the claim for compensation; that, after the expiration of the contract, the petitioner notified the respondent that it would not recognize any of the claims, and denied liability under the binder; that, as a consequence, ..... agent. the complaint alleged that the respondent was subject to the provisions of the indiana workmen's compensation act, and had entered into a contract of insurance with the petitioner, evidenced by a binder, whereby the petitioner insured the respondent against loss or expense by reason of claims for compensation .....

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Jan 31 1938 (FN)

Connecticut Gen. Life Ins. Co. Vs. Johnson

Court : US Supreme Court

Decided on : Jan-31-1938

..... co. v. arkansas, 260 u. s. 346 ; compania general de tabacos v. collector, 275 u. s. 87 ; home insurance co. v. dick, 281 u. s. 397 ; hartford accident & indemnity co. v. delta & pine land co., 292 u. s. 143 ; boseman v. connecticut general life ins. co., 301 u. s. 196 ; people ex rel. sea insurance co. v. graves, ..... or because the state might tax the transactions which the corporation carries on outside the state if it were induced to carry them on within. appellant, by its reinsurance contracts, undertook only to indemnify the insured companies against loss upon their policies written in california. the reinsurance involved no transactions or relationship between appellant and those originally insured, and ..... the court. appellant is a connecticut corporation, admitted to do an insurance business in california. in addition to its business conducted within that state, it has entered into contracts with other insurance corporations likewise licensed to do business in california, reinsuring them against loss on policies of life insurance effected by them in california and issued to residents there ..... insurance corporations likewise licensed to do business in california, reinsuring them against loss on policies of life insurance effected by them in california and issued to residents there. these reinsurance contracts were entered into in connecticut, where the premiums were paid and where the losses, if any, were payable. held that, as applied to such reinsurance business, a california .....

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Jan 31 1938 (FN)

Indiana Ex Rel. Anderson Vs. Brand

Court : US Supreme Court

Decided on : Jan-31-1938

..... continuing power to change indiana's educational policies. it has here held that the legislature did not attempt or intend to surrender its constitutional power by authorizing definite contracts which would prevent the future exercise of this continuing, constitutional power. if the constitution and statutes of indiana, as construed by its supreme court, prohibit the legislature ..... of employment for teachers. such effort brought about the "indiana teachers tenure act of 1927." this law provided the conditions upon which "permanent" teachers with "indefinite contracts" could be removed from their positions, and was evidently intended to provide statutory security against their discharge by local school authorities for any causes except those specified in ..... undertaken by the teacher, and diminution of the school requirements. although the causes specified constitute in themselves just and reasonable grounds for the termination of any ordinary contract of employment, to preclude the assumption that any other valid ground was excluded by the enumeration, the legislature added that the relation might be terminated for any ..... the government of public schools, the legislature exercises a function of sovereignty and the power to control public policy in respect of their management, and operation cannot be contracted away by one legislature so as to create a permanent public policy unchangeable by succeeding legislatures. in the alternative, the court declares that, if the relationship be .....

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Apr 25 1938 (FN)

Erie Railroad Co. Vs. Tompkins

Court : US Supreme Court

Decided on : Apr-25-1938

..... decisions of this court which serve in part to indicate the field from which it is now intended forever to bar the federal courts. it extends to all matters of contracts and torts not positively governed by state enactments. counsel searching for precedent and reasoning to disclose common law principles on which to guide clients and conduct litigation are, by ..... questions of a more general nature, not at all dependent upon local statutes or local usages of a fixed and permanent operation, as, for example, to the construction of ordinary contracts or other written instruments, and especially to questions of general commercial law, where the state tribunals are called upon to perform the like functions as ourselves, that is, to ..... "general law" as to which federal courts exercised an independent judgment. [ footnote 10 ] in addition to questions of purely commercial law, "general law" was held to include the obligations under contracts entered into and to be performed within the state, [ footnote 11 ] the extent to which a carrier operating within a state may stipulate for exemption from liability for his own ..... questions of a more general nature, not at all dependent upon local statutes or local usages of a fixed and permanent operation, as, for example, to the construction of ordinary contracts or other written instruments, and especially to questions of general commercial law, where the state tribunals are called upon to perform the like functions as ourselves, that is, to ascertain .....

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Jan 31 1938 (FN)

Atkinson Vs. State Tax Commission

Court : US Supreme Court

Decided on : Jan-31-1938

..... legislative jurisdiction of the united states. otherwise, they page 303 u. s. 25 would not have required contractors to provide state workmen's compensation." the contract between the government and appellants is not in evidence, but the record discloses, as stated by the state court, that the government did not seek to ..... come under the provisions of the workmen's compensation law of the state in which the work was to be performed. at the time the contract with the plaintiffs was entered into, at least two states had held that their workmen's compensation laws were not effective on territory over which ..... river which is within the territorial limits of the state." the case in this relation falls within the principle of our decision in james v. dravo contracting co., supra. the question, we there said, was not one of the paramount authority of the federal government to have the work performed for purposes ..... controlled by our previous decisions. metcalf & eddy v. mitchell, 269 u. s. 514 ; general construction co. v. fisher, 295 u.s. 715; james v. dravo contracting co., 302 u. s. 134 ; silas mason company v. tax commission, 302 u. s. 186 . in the two cases last mentioned, the tax which was upheld ..... from their work, within the boundaries of the state, in the construction of the bonneville dam on the columbia river, a navigable stream, under a contract with the united states. the work was performed partly in the bed of the river and partly on other land purchased by the united states. held .....

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May 16 1938 (FN)

Taft Vs. Commissioner

Court : US Supreme Court

Decided on : May-16-1938

..... funeral expenses, administration expenses, claims against the estate, unpaid mortgages upon, or any indebtedness in respect to, property . . . to the extent that such claims, mortgages, or indebtedness were incurred or contracted bona fide and for an adequate and full consideration in money or money's worth, . . ." " * * * *" "(3) the amount of all bequests, legacies, devises, or transfers, to or for ..... to pay money to a charitable or educational institution, where the only consideration was a stipulated application of the amount received, does not constitute a claim against the estate contracted for an adequate and full consideration in money or money's worth, notwithstanding the fact that, under local law the promise is enforceable. in this view we agree. 2 ..... the necessity of reducing the personnel of the orchestra the institute conducts, agreed with the institute that, if it would retain two musicians, she would pay their salaries under contracts covering two years. in reliance upon her promise the institute reengaged the two men. the decedent paid the amount of their salaries prior to her death, and petitioner, as ..... decedent to pay money to a charitable or educational institution, where the only consideration was a stipulated application of the amount received, does not constitute a claim against the estate contracted for an adequate and full consideration in money or money's worth, notwithstanding the fact that, under local law, the promise is enforceable. p. 304 u. s. 355 . .....

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