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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1943 Page 1 of about 42 results (0.265 seconds)

Jan 18 1943 (FN)

Brady Vs. Roosevelt Steamship Co.

Court : US Supreme Court

Decided on : Jan-18-1943

..... , his only shield is a constitutional rule of law that exonerates him." furthermore, if the united states were to become the real party in interest by reason of a contract for exoneration or indemnity, a basic alteration in that concept ( minnesota v. hitchcock, 185 u. s. 373 , 185 u. s. 387 ) would be made not pursuant to a congressional policy, [ footnote 4 ..... would be a matter of favor, not of right, in many cases. for, apart from any express contract, the agent's right of exoneration or indemnity has not been thought to extend to situations where his liability was based on his own fault. 4 williston, contracts (1936 ed.) 1026. hence, we cannot conclude that in all cases where a private operator of a ..... a vessel owned by the united states maritime commission, and which the corporation operates under a contract made pursuant to 707(c) of the merchant marine act of 1936, even though the contract may give to the corporation in such case a right of exoneration or indemnity against the commission. fleet corporation v. lustgarten, 280 u. s. 320 , overruled pro tanto. pp. 317 ..... ] but by reason of concessions made by contracting officers of the government. such a change would be detrimental to the interests of private claimants, as we have said, since it would subtract from the legal remedies which the law has afforded them. beyond that, it would make the existence of a right to exoneration or indemnity a jurisdictional fact. that could hardly .....

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Mar 01 1943 (FN)

Hoopeston Canning Co. Vs. Cullen

Court : US Supreme Court

Decided on : Mar-01-1943

..... these. [ footnote 6 ] reciprocals' subscribers page 318 u. s. 320 in every state must execute their powers of attorney in accordance with specified forms and a standard form of contract must be used by all subscribers wherever they are located. certain forms of accounting are also required. advisory committees of the subscribers themselves, rather than appointed attorneys in fact must ..... the cause and extent of losses, and, on such trips, the engineer may give information concerning the enterprise to prospective participants, although he does not actively solicit business. the contracts reserved the right of the reciprocals to go into new york to repair, rebuild, or replace lost or damaged property. cf. pennsylvania lumbermen's mutual fire insurance co. v. ..... in that state. article 12, applicable to reciprocal insurance associations, defines them as aggregations of persons, firms, or corporations who under, a common name, engage in the business of exchanging contracts of insurance on the reciprocal plan through an attorney in fact. [ footnote 1 ] page 318 u. s. 315 the issue in this case is whether the appellants, reciprocal insurance ..... surely the object of all this activity is not the signing of a contract or a check, but the protection of property and payment of indemnity in case of loss by fire. these business transactions neither begin nor end with the contract. the intimacy of the relation of these insurance contracts to the state of new york becomes even more apparent when it is .....

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Apr 19 1943 (FN)

Aguilar Vs. Standard Oil Co.

Court : US Supreme Court

Decided on : Apr-19-1943

..... the period of their service. [ footnote 6 ] in the united states, this obligation has been recognized consistently as an implied provision in contracts of marine employment. [ footnote 7 ] created thus with the contract of employment, the liability, unlike that for indemnity or that later created by the jones act, [ footnote 8 ] in no sense is predicated on the fault or negligence of the ..... ware 1, and see cases cited supra, note 10 [ footnote 23 ] at the argument, it was suggested that a reason which might sustain the imposition of liability for sickness innocently contracted on shore leave, but not for injuries so incurred, would be the difficulty of proving origin ashore. the difficulty undoubtedly would exist in some cases, but hardly in all. no ..... ] see, e.g., laws of oleron, articles vi, vii; laws of wisbuy, articles xviii, xix; laws of the hanse towns, articles xxxix, xlv; marine ordinances of louis xiv, of marine contracts, title fourth, articles xi, xii, compiled in 30 fed.cas. 1171-1216; cf. harden v. gordon, supra. the laws of oleron are typical of the provision for injuries: "if any ..... voyage creates not only the need for relaxation ashore, but the necessity that it be satisfied in distant and unfamiliar ports. if, in those surroundings, the seaman, without disqualifying misconduct, contracts disease or incurs injury, it is because of the voyage, the shipowner's business. that business has separated him from his usual places of association. by adding this separation to .....

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Jan 18 1943 (FN)

United States Ex Rel. Marcus Vs. Hess

Court : US Supreme Court

Decided on : Jan-18-1943

..... necessarily speculative judgment of a court whether a "forfeiture" and "double the amount of damages which the united states may have sustained" constitute an extra penalty, or merely an indemnity for loss suffered. if that is the issue on which the protection against double jeopardy turns, those who invoke the constitution, as do the respondents here, ought to be ..... , granted by the federal public works administrator, an official of the united states. 40 u.s.c. 401(a). the jury and both courts have found that the contracts were obtained by a successfully executed conspiracy to remove all possible competition from "competitive bidding." the bidding itself was a federal requirement; all bidders were fully advised that these ..... of the united states . . . knowing such claim to be . . . fraudulent." this can best be seen upon consideration of the exact nature of respondents' relation to the government. the contracts found to have been induced by the respondents' frauds were made between them and local municipalities and school districts of alleghany county, pennsylvania. a large portion of the money page ..... page 317 u. s. 539 mr. justice black delivered the opinion of the court. respondents, electrical contractors, were employed to work on pwa projects in the pittsburgh area. their contracts were made with local governmental units, rather than with the united states government, but a substantial portion of their pay came from the united states. charging the respondents with defrauding .....

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Feb 01 1943 (FN)

O'Donnell Vs. Great Lakes Dredge and Dock Co.

Court : US Supreme Court

Decided on : Feb-01-1943

..... by negligence, has done no more than supplement the remedy of maintenance and cure for injuries suffered by the seaman, whether on land or sea, by giving to him the indemnity which the maritime law afforded to a seaman injured in consequence of the unseaworthiness of the vessel or its tackle. pacific s.s. co. v. peterson, supra. since the subject ..... cure would, in modern terminology, be classified as torts. but the seaman's right was firmly established in the maritime law long before recognition of the distinction between tort and contract. in its origin, maintenance and cure must be taken as an incident to the status of the seaman in the employment of his ship. see cortes v. baltimore insular line ..... been within the cognizance of admiralty courts, either because they are events occurring on navigable waters, see waring v. clarke, supra, or because they are the subject matter of maritime contracts or relate to maritime services. new england mutual marine insurance company v. dunham, 11 wall. 1, 78 u. s. 25 . from the beginning, this court has sustained legislative changes of ..... those matters which traditionally have been within the cognizance of admiralty courts either because they are events occurring on navigable waters or because they are the subject matter of maritime contracts or relate to maritime services. p. 318 u. s. 40 . 5. the right of recovery in the jones act is given to the seaman as such, and, as in the .....

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Dec 20 1943 (FN)

Magnolia Petroleum Co. Vs. Hunt

Court : US Supreme Court

Decided on : Dec-20-1943

..... for the injury. to the same effect are traders & general ins. co. v. baker, 111 s.w.2d 837, 839, 840; middlebrook v. texas indemnity ins. co., 112 s.w.2d 311, 315; cf. federal surety co. v. cook, 119 tex. 89, 24 s.w.2d 394. the texas ..... by louisiana? (2) assuming the texas award was intended to constitute such a bar, does the interest of louisiana in regulating the employment contracts of its residents nevertheless permit it to grant that larger measure of compensation which as a matter of local policy it believes necessary? the decision ..... is not only a limited one. the employee is domiciled in louisiana, the employer is authorized to do business in louisiana. the employment contract is a louisiana contract. louisiana has such a considerable interest at stake that i would allow its policy to be obliterated or subordinated only in case what took ..... ] the statute is applicable to all employees in certain specified hazardous occupations (including the work performed by respondent), and to employees in other occupations by voluntary contract between the employer and the employee. la.gen.stat. title 34, ch. 15, 4391. such employees as receive injuries in the course of their employment ..... louisiana have undertaken to adjudicate the rights of the same parties arising from a single injury sustained in the course of employment under the same contract. each state has awarded to respondent compensation for that injury. but whether the texas award purported also to adjudicate the rights and duties of .....

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May 10 1943 (FN)

National Broadcasting Co., Inc. Vs. United States

Court : US Supreme Court

Decided on : May-10-1943

..... broadcasting against arrangements that are offensive to the antitrust laws or monopolistic in nature, it made specific provision in 311 and 313. if the existing network contracts are deemed objectionable because of monopolistic or other features, and no remedy is presently available under these provisions, the proper course is to seek amendatory legislation from ..... its freedom of action." (report, p. 62.) accordingly, the commission adopted regulation 3.103: "no license shall be granted to a standard broadcast station having any contract, arrangement, or understanding, express or implied, with a network organization which provides, by original term, provisions for renewal, or otherwise for the affiliation of the station with ..... available programs. regulation 3.102, promulgated to remedy this particular evil, provides as follows: "no license shall be granted to a standard broadcast station having any contract, arrangement, or understanding, express or implied, with a network organization which prevents or hinders another station serving substantially the same area from broadcasting the network's programs ..... , diversification, and accommodation to the particular requirements of the areas served by the affiliated stations; the extent to which affiliated stations exercise control over programs, advertising contracts, and related matters; the nature and extent of network program duplication by stations serving the same area; the extent to which particular networks have exclusive coverage in .....

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Nov 22 1943 (FN)

Midstate Horticultural Co., Inc. Vs. Pennsylvania R. Co.

Court : US Supreme Court

Decided on : Nov-22-1943

..... courts have not decided squarely whether an agreement such as is presented here is valid. in that suit to recover demurrage charges, the court sustained and gave effect to the contract. but we think this is contrary to the general course of decision which has construed the section and predecessor limitations. with the one exception, the decisions have fixed the pattern ..... excess charges paid or damages for the charging of unreasonable rates. [ footnote 8 ] we do not think the decision should turn on refinements over whether the residuum of freedom to contract which the act leaves to the parties or the quantum of restriction it imposes [ footnote 9 ] constitutes the gist of the action. origin of the right is not per se ..... ] with the attributed consequence in the one case that the bar is absolute and invariable by any act of the parties; in the other, that it may be waived by contract or otherwise. [ footnote 6 ] petitioner urges that the carrier's common law right to collect transportation charges from the shipper, which was strictly contractual, no longer exists, but has been ..... may aid when origin is clear. [ footnote 11 ] it is not conclusive when the source is hybrid, as is true of the carrier's contract, which has become a complex or resultant of the former freedom of contract and statutory restrictions. it does not follow from the survival of the common law elements, as respondent maintains, that congress did not intend the .....

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May 03 1943 (FN)

Jersey Central Power and Light Co. Vs. Fpc

Court : US Supreme Court

Decided on : May-03-1943

..... the rates to the consumer by the state of delivery. [ footnote 2/1 ] in 1927, however, this court held that, where a company generated electric energy and transmitted it, under contract, to another public utility in an adjoining state at the state line, whence the purchasing company transmitted and sold the energy to its consumers, the rate at which the first ..... which these findings were based showed that the energy was delivered from jersey central page 319 u. s. 65 to and from public service under contract, and that public service likewise delivered and received energy under contract to and from staten island edison. jersey central had no control over the destination of its energy after it made delivery to public service at .....

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Mar 01 1943 (FN)

Penn Dairies, Inc. Vs. Milk Control Comm'n

Court : US Supreme Court

Decided on : Mar-01-1943

..... do -- restrict the application of local regulations, otherwise applicable to government contractors, which increase price. and the regulation itself is, at most, a direction to contracting officers not to page 318 u. s. 277 assume by their specifications for bids any responsibility for requiring compliance with local price regulations before it is judicially determined ..... the question is one of the nullification of state power by congressional legislation. hence, in the absence of some evidence of an inflexible congressional policy requiring government contracts to be awarded on the lowest bid despite noncompliance with state regulations otherwise applicable, we cannot say that the pennsylvania milk regulation conflicts with congressional legislation or ..... regulations render it "impracticable to secure competition." nor are we able to discern, in the language or legislative history of these or related statutes regulating government contracts, any indication that low cost was such a controlling consideration with congress as to justify an inference that congress intended to displace state regulations affecting the price ..... from local price-fixing regulations, nor, in the circumstances of this case, does the constitution, unaided by congressional enactment, confer such immunity. 2. those who contract to furnish supplies or render services to the government are not federal agencies, and do not perform governmental functions, and the mere fact that nondiscriminatory taxation or regulation .....

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