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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1941 Page 1 of about 34 results (0.075 seconds)

Dec 08 1941 (FN)

Pink Vs. A.A.A. Highway Express, Inc.

Court : US Supreme Court

Decided on : Dec-08-1941

..... chief justice stone delivered the opinion of the court. petitioner, as superintendent of insurance of the new york, is the statutory liquidator of auto mutual indemnity company, an insolvent mutual insurance company, organized under the laws of new york. he brought this suit in the superior court of georgia against ..... , page 314 u. s. 210 it must be denied authority to adjudicate the meaning and domestic effect under its own laws of a contract entered into by its own inhabitants and containing no stipulation that they should be bound by obligations extrinsically imposed by new york law. but ..... policy as limited to those stipulations expressed on its face, and as excluding any stipulation for membership or for liability to assessment which the contract did not mention. petitioner finds such a command in the new york statutes, which he asserts make all policyholders liable to assessment without ..... georgia derived from its statutes and judicial decisions, the court held that the relation between the insured and the company was that of contract, that the whole contract was embodied in the stipulations appearing on the face of the policy, and that it did not, by its provisions, make ..... there was in force 346 of the new york insurance law, which under new york statutes and judicial decisions, became a part of the insurance contract, binding upon each policyholder. section 346 provides that every mutual insurance company "shall, in its bylaws and policies, fix the contingent mutual liability .....

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Jun 02 1941 (FN)

GriffIn Vs. Mccoach

Court : US Supreme Court

Decided on : Jun-02-1941

..... v. clapper, 286 u. s. 145 , 286 u. s. 160 -161; hartford indemnity co. v. delta co., 292 u. s. 143 , 292 u. s. 150 . the rule was not applied where the parties to the contract acquired rights beyond the state's borders with no relation to anything done or to be done ..... lead to disturbance and disorganization of the local municipal law, or, in other words, violate the public policy of the state where the enforcement of the foreign contract is sought." bond v. hume, 243 u. s. 15 , 243 u. s. 21 . applying that reasoning this court affirmed the federal court in ..... power of the texas courts. rights acquired by contract outside a state are enforced within a state, certainly where its own citizens are concerned, but that principle excepts claimed rights so contrary to the ..... not appraised. [ footnote 7 ] if, upon examination of the texas law, it appears that the courts of texas would refuse enforcement of an insurance contract where the beneficiaries have no insurable interest on the ground of its interference with local law, such refusal would be, in our opinion, within the constitutional ..... v. head passed upon the application, by missouri courts, of missouri statutes providing for an extension of insurance on default of premium to an insurance contract assumed as of missouri, though the insured at the time of issue and thereafter was a citizen of new mexico. a new york loan agreement .....

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May 26 1941 (FN)

Wood Vs. Lovett

Court : US Supreme Court

Decided on : May-26-1941

..... would be a mischievous abridgment of legislative power over subjects within the proper jurisdiction of states, by arresting their power to repeal or modify such laws with respect to existing contracts. . . . we think that obligation and remedy are distinguishable from each other. that the first is created by the act of the parties, the last is afforded by ..... all such cases, the question becomes, therefore, one of reasonableness, and of that the legislature is primarily the judge;" "the question is not whether the legislative action affects contracts incidentally, or directly or indirectly, but page 313 u. s. 383 whether the legislation is addressed to a legitimate end and the measures taken are reasonable and appropriate to ..... in no way inconsistent with the true intent and fair interpretation of the federal constitutional prohibition which commands that "no state shall . . . pass any . . .law impairing the obligation of contracts. . . ." article 1, 10. first. the state, by quitclaim deeds, without any express warranty whatever, conveyed the lands in question to appellants. it is appellants' claim that an " ..... might become purchasers of such lands, and the protection it afforded to the title acquired by such purchasers necessarily inured to every purchaser acting under it, and constituted a contract with him. [ footnote 11 ] the federal and state courts have held with practical unanimity that any substantial alteration by subsequent legislation of the rights of a purchaser at .....

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Feb 03 1941 (FN)

United States Vs. Hutcheson

Court : US Supreme Court

Decided on : Feb-03-1941

..... receiving in interstate commerce commodities and materials intended for use in its plant; of preventing the borsari corporation from obtaining materials in interstate commerce for use in performing a contract for anheuser-busch, and of preventing the stocker company from receiving materials in like manner for the construction of a building for the gaylord corporation. the indictment further charges ..... to be used by borsari." like allegations are made with respect to stocker, with the added charge that the acts alleged were with intent to prevent performance of stocker's contract with gaylord "with willful disregard of the consequent restraint of the commerce of gaylord." page 312 u. s. 239 there is the further allegation that, pursuant to the conspiracy ..... of governmental authority for owners of property to organize in the corporate and other forms of ownership association, the individual unorganized worker is commonly helpless to exercise actual liberty of contract and to protect his freedom of labor, and thereby to obtain acceptable terms and conditions of employment, wherefore, though he should be free to decline to associate with ..... law, but the related enactments which entered into the decision of the district court. section 1 of the sherman law, on which the indictment rested, is as follows: "every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several states, or with foreign nations, is hereby declared to be .....

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Jan 20 1941 (FN)

A. C. Frost and Co. Vs. Coeur D'Alene Mines Corp.

Court : US Supreme Court

Decided on : Jan-20-1941

..... which supports the doctrine now relied upon. here, the clear legislative purpose was protection of innocent purchasers of securities. they are given definite remedies inconsistent with the idea that every contract having relation to sales of unregistered shares is absolutely void, and to accept the conclusion reached by the supreme court below would probably seriously hinder, rather than aid, the real ..... owns the security." these are the sanctions which congress has definitely provided in order to insure obedience to the statute. when invoked, they must be given effect. although the challenged contract bears no evidence of criminality, and is fair upon its face, we are asked to apply a sanction beyond that specified by declaring it page 312 u. s. 43 null ..... respondent had repudiated the option, and asked judgment for $16,306, also damages consequent upon breach of the agreement. the answer denied liability upon the ground, among others, that the contract "was entered into in violation of law, and particularly in violation of . . . the security act of 1933, approved may 27, 1933, and acts of congress amendatory thereof and supplemental ..... part" of 1,300,000 page 312 u. s. 39 shares of its treasury stock at 10 cents per share, payments to be made in installments. he immediately assigned the contract to petitioner, frost & company. april 26, 1935, this was modified as to time and amount of payments. may 15, 1935, another modification authorized respondent to sell optioned stock and .....

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Dec 15 1941 (FN)

United States Vs. Emory

Court : US Supreme Court

Decided on : Dec-15-1941

..... amount equal to 20% of the total face amount of all qualified notes taken or current face value of notes purchased by the financial institution, during the time the insurance contract is in force, and held by it or on which it continues liable. . . ." modernization credit plan, bulletin no. 1, p. 30 (revised reissue, dec. 10, 1934). [ footnote 2/9 ] senator ..... the guaranty trust case arose under title ii of the transportation act of 1920. that act provided for the funding of debts to the united states which the railroads had contracted during the period of wartime control, and also provided for new loans to the railroads. in holding 3466 inapplicable to the collection of these loans, the court emphasized that the ..... intention that the united states should relinquish its priority as to claims against defaulting and insolvent borrowers whose notes it takes up from the lending institution pursuant to the insurance contract. that is, the ultimate collection of bad loans was consigned to the united states, rather than to the lending institutions, but the collecting power of the united states was neither ..... on september 23, 1935. on july 14, 1936, the bank endorsed the note and delivered it to the federal housing administration, acting on behalf of the united states, under a contract of insurance and guaranty provided for in title i of the national housing act. the united states, through the federal housing administration, on that date reimbursed the bank in the .....

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Dec 01 1941 (FN)

Gray Vs. Powell

Court : US Supreme Court

Decided on : Dec-01-1941

..... or above such maximum shall constitute a violation of the code: provided, that the provisions of this paragraph shall not apply to a lawful and bona fide written contract entered into prior to june 16, 1933." " * * * *" "(l) the provisions of this section shall not apply to coal consumed by the producer ..... and the dingess-rum coal company, landowners by lease and in fee, and daniel h. pritchard, operator, vary only in details from the william-ann contracts set out above. from the several arrangements, the seaboard obtained about half of its annual requirements, estimated for 1936 at one million tons. there is ..... extraction of the coal by the contractor or supplier and the delivery of it to seaboard for consumption. this contract also was made simultaneously with the coal lease. it contained a provision requiring the contractor to obtain a lease of the mining equipment in accordance ..... u. s. 408 the renewal privileges of the equipment lease should be coextensive with those of the coal lease. the final step was an operating contract between the contractor, daniel h. pritchard, referred to in the land lease as the lessee of the facilities for mining, and seaboard for the ..... . 407 are with three mines, but, as there are no significant difference in the plans by which the coal is extracted, we shall describe the contracts relating to one only -- the william-ann mine, owned by the united thacker coal company and the cole and crane real estate trust. this was .....

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Mar 31 1941 (FN)

United States Vs. Cooper Corp.

Court : US Supreme Court

Decided on : Mar-31-1941

..... for safeguarding governmental purchases of goods and services against unfair and collusive price-fixing. to that end, competitive bidding as a prerequisite to government contracts has been the general statutory rule over a long period of years, and combinations to deprive the government of the advantages of such competition have ..... to commence and prosecute all such cases to final judgment and execution." section 2: "that any person or corporation injured or damnified by such arrangement, contract, agreement, trust, or combination defined in the first section of this act may sue for and recover, in any court of the united states ..... that end. section 5 regulates service in such suits. section 6 authorizes seizure, in the course of interstate transportation, of goods owned under any contract or pursuant to any conspiracy made illegal by the statute. page 312 u. s. 608 thus, far the act deals in detail with the ..... of suit, including a reasonable attorney's fee." the united states is a juristic person in the sense that it has capacity to sue upon contracts made with it or in vindication of its property rights. the sherman act, however, created new rights and remedies which are available only to ..... court of appeals for the second circuit syllabus 1. while the united states is a juristic person in the sense that it can sue upon its contracts or in vindication of its property rights, the term "person" does not include the sovereign in common usage nor, ordinarily, when employed in statutes. .....

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Mar 03 1941 (FN)

Helvering Vs. Le Gierse

Court : US Supreme Court

Decided on : Mar-03-1941

..... risk, and the fact that the policy could have been assigned is immaterial, since, no matter who held the policy and the annuity, the two contracts, relating to the life of the one to whom they were originally issued, still counteracted each other. it may well be true that, if ..... individuals the risk of premature death of the one upon whom the beneficiaries are dependent for support. indeed, the pith of the exemption is particular protection of contracts and their proceeds intended to guard against just such a risk. see commissioner v. keller, supra; united states trust co. v. sears, 29 f. ..... 's death. the premium specified was $22,946. decedent paid the total consideration, $27,125 at the page 312 u. s. 537 time the contracts were executed. she was not required to pass a physical examination or to answer the questions a woman applicant normally must answer. the "insurance" policy would ..... payment, maintenance of reserve, etc., they were issued at the same time, and the making of the annuity contract was a condition to the issuance of the life policy, and the combined effect was such that, in case of premature death, the gain to the ..... , together with an annuity policy for another premium calling for annual payments to her until her death. although both policies were, on the face, separate contracts, neither referring to the other, and each was treated as independent in the matters of application, computation of premium, report and book entry of premium .....

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Jan 13 1941 (FN)

United States Vs. Cowden Mfg. Co.

Court : US Supreme Court

Decided on : Jan-13-1941

..... were simple or complex. for, if it could be said in this case that the processing taxes were imposed on the supplies covered by the contract and were paid by the contractor, it would be immaterial how far the contractor were removed from the original processor if the former could show ..... it is more accurate to say that they were "paid" by the subcontractors, who merely shifted their burden to respondent as a separate item of the contract price. the clause as a whole indicates that this was the sense to be attributed to the phrase quoted. a contrary construction of the "federal ..... federal taxes" clause does not obligate the united states to reimburse its contractor for taxes which the latter has borne merely as a matter of contract with its subcontractors. on the contrary, the fair import of the clause is that the united states must make reimbursement only for such taxes as ..... on october 14, 1940, to resolve the uncertainty as to the correct construction of the "federal taxes" clause which appears in a large number of government contracts. 311 u.s. 624. the only question is whether the united states, in the "federal taxes" clause, has agreed to pay respondent the amount respondent ..... manufacturing co. no. 188 argued december 20, 1940 decided january 13, 1941 312 u.s. 34 certiorari to the court of claims syllabus a contract with the united states for furnishing a quantity of garments stipulated that the price payable to the contractor should be increased to the extent of such subsequently .....

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