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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1944 Page 1 of about 41 results (0.070 seconds)

Jun 05 1944 (FN)

United States Vs. South-eastern Underwriters

Court : US Supreme Court

Decided on : Jun-05-1944

..... . [ footnote 9 ] the modern insurance business holds a commanding position in the trade and commerce of our nation. built page 322 u. s. 540 upon the sale of contracts of indemnity, it has become one of the largest and most important branches of commerce. [ footnote 10 ] its total assets exceed $37,000,000,000, or the approximate equivalent of ..... of their business. issuing a policy of insurance is not a transaction of commerce. the policies are simple contracts of indemnity against loss by fire, entered into between the corporations and the assured, for a consideration paid by the latter. these contracts are not articles of commerce in any proper meaning of the word. they are not subjects of trade and ..... interstate commerce because in some instances the commodities insured move across state lines, or because interstate communication and transportation are in some instances incidental to the business of issuing insurance contracts. this is so both because, as we have said, we are bound by the district court's construction of the indictment, and, more importantly, because such effects on ..... intercourse among the states composed of collections of premiums, payments of policy obligations, and the countless documents and communications which are essential to the negotiation and execution of policy contracts. individual policyholders living in many different states who own policies in a single company have their separate interests blended in one assembled fund of assets upon which all are .....

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Apr 10 1944 (FN)

Pollock Vs. Williams

Court : US Supreme Court

Decided on : Apr-10-1944

..... here of its invalidity, makes the entire statute invalid on its face. this result is reached by assuming that the existence of the presumption section coerces involuntary labor under the contract by fear of conviction for violation of the first or substantive section. we cannot properly take judicial notice of such an effect. if pleaded and proven, a different situation would ..... for them, he found the defendant guilty without considering the question of intent to defraud. this seems to be the general attitude of the rural justices of maine toward the contract labor law." "considerable peonage has resulted from this statute. the law has been vigorously enforced. soon after its passage, prosecutions were commenced in the lumber regions, and the jail at ..... presumption, when coupled with the other section, transgressed those limits, for, while it appeared to punish fraud, the inevitable effect of the law was to punish failure to perform labor contracts. in taylor v. georgia, both sections of the act were held unconstitutional. there, the state relied on the presumption to convict. but it was not denied that a state has ..... as voluntary or involuntary, but this implies simply a difference in the mode of origin, but none in the character of the servitude. the one exists where the debtor voluntarily contracts to enter the service of his creditor. the other is forced upon the debtor by some provision of law. . . . a clear distinction exists between peonage and the voluntary performance of .....

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Dec 18 1944 (FN)

Wallace Corp. Vs. Labor Board

Court : US Supreme Court

Decided on : Dec-18-1944

..... employer except the making and performing of the closed shop agreement. the board states its position as follows: "the issue remains whether, by entering into the closed shop contract with the independent with knowledge that the independent intended to exclude employees from membership, and by discharging employees denied membership in the independent, as set forth above, the respondent ..... who might jeopardize its majority. this business manager, who had himself originally been recommended to independent by a company employee, wrote the company, prior to the making of the contract, that independent insisted upon a closed shop agreement because it wanted a "legal means of disposing of any present employees" who might affect its majority, and "who are ..... labor practices. it entered an order requiring petitioner to disestablish independent, denominated by it a "company union;" to cease and desist from giving effect to the union shop contract between it and independent, and to reinstate with back pay forty-three employees, found to have been discharged because of their affiliation with the cio and because of their ..... to this agreement, independent won a majority of the votes cast, [ footnote 1 ] and was certified by the board as bargaining representative. the company then signed a union shop contract with independent, with knowledge -- so the board has found -- that independent intended, by refusing membership to cio employees, to oust them from their jobs. independent refused to admit .....

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Apr 24 1944 (FN)

Clifford F. Macevoy Co. Vs. United States

Court : US Supreme Court

Decided on : Apr-24-1944

..... liability on the payment bond in situations where it is difficult or impossible for the prime contractor to protect himself. the relatively few subcontractors who perform part of the original contract represent, in a sense, the prime contractor, and are well known to him. it is easy for the prime contractor to secure himself against loss by requiring the subcontractors ..... . 109 in the building trades, a subcontractor is one who performs for and takes from the prime contractor a specific part of the labor or material requirements of the original contract, thus excluding ordinary laborers and materialmen. to determine which meaning congress attached to the word in the miller act, we must look to the congressional history of the statute, ..... government contractors to execute penal bonds for the benefit of "all persons supplying him or them with labor and materials in the prosecution of the work provided for in such contract." we consistently applied a liberal construction to that statute, noting that it was remedial in nature and that it clearly evidenced "the intention of congress to protect those whose ..... duly accepted by the united states. macevoy thereupon purchased from james h. miller & company certain building materials for use in the prosecution of the work provided for in macevoy's contract with the government. miller, in turn, purchased these materials from the respondent, calvin tomkins company. miller failed to pay tomkins a balance of $12,033.49. there is no allegation .....

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Mar 27 1944 (FN)

Tennessee Coal Co. Vs. Muscoda Local No. 123

Court : US Supreme Court

Decided on : Mar-27-1944

..... thus did not intend that other collective agreements should relieve employers from paying for overtime in excess of an actual workweek of 40 hours, regardless of the provisions of such contracts. mr. justice frankfurter, concurring. the legal question on the record before us lies within a narrow compass. section 7 of the fair labor standards act commands the payment of compensation ..... that such consent was wanting." 1 commentaries 77. see also pollock, first book of jurisprudence, 283 (6th ed.). [ footnote 18 ] congress was not unaware of the effect that collective bargaining contracts might have on overtime pay. it expressly decided to give effect to two kinds of collective agreements, as specified in section 7(b)(1) and (2) of the act. cf ..... . congress intended, instead, to achieve a uniform national policy of guaranteeing compensation for all work or employment engaged in by employees covered by the act. [ footnote 18 ] any custom or contract falling short of that basic policy, like an agreement to pay less than the minimum wage requirements, cannot be utilized to deprive employees of their statutory page 321 u. s ..... amount of time actually worked or the compensation received. instead, working time and payment appear to have been related to the amount of iron ore mined each day. hence, such contract provisions defining the workweek are of little if any value in determining the workweek and compensation under a statute which requires that they be directly related to the actual work .....

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Feb 28 1944 (FN)

J. I. Case Co. Vs. Labor Board

Court : US Supreme Court

Decided on : Feb-28-1944

..... purpose of again thus utilizing them or under circumstances in which similar infringement of the collective bargaining process would be a probable consequence. the paragraph does not prevent petitioner from contracting with individual employees under circumstances which negative any page 321 u. s. 341 intent to interfere with the employees' right under the act. . . . thus, construed, ..... enforce an agreement more advantageous than a collective agreement, but we find the mere possibility that such agreements might be made no ground for holding generally that individual contracts may survive or surmount collective ones. the practice and philosophy of collective bargaining looks with suspicion on such individual advantages. of course, where there is great variation ..... ordinarily comes into existence from it alone. the negotiations between union and management result in what often has been called a trade agreement, rather than in a contract of employment. without pushing the analogy too far, the agreement may be likened to the tariffs established by a carrier, to standard provisions prescribed by supervising authorities ..... for certification as the exclusive bargaining representative of the production and maintenance employees. on december 17, 1941, a hearing was held at which the company urged the individual contracts as a bar to representation proceedings. the board, however, directed an election, which was won by the union. the union was thereupon certified as the exclusive bargaining .....

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Apr 24 1944 (FN)

United States Vs. American Surety Co.

Court : US Supreme Court

Decided on : Apr-24-1944

..... specifications or accompanying papers and the contractor and his sureties shall be liable for the amount thereof. . . ." [ footnote 4 ] the directions for the preparation of construction contracts upon the form here involved state that "the specifications should include a paragraph stating the amount of liquidated damages that will be paid by the contractor for each calendar day ..... can relieve himself of such liability at any time short of completion simply by abandoning the work or provoking the government to terminate his right to proceed. the government contracting officers, in turn, would be induced to allow the contractor to proceed to completion despite inexcusable delays, so as not to forfeit mounting liquidated damages, thus precluding ..... is required of actual damages for the delay where termination occurs before completion in the teeth of a statute which dispenses with such proof in suits on a construction contract containing a stipulation "for liquidated damages for delay." the government also claims that failure to allow it liquidated damages under these circumstances leaves it entirely to the contractor ..... him to continue with the construction. on july 20, 1934, thirteen months later, the work was still uncompleted. pursuant to its authority under article 9 of the construction contract, the government thereupon terminated grogan's right to proceed with the work because of his continuing default. the government finished the work through another contractor, expending $2,044.04 .....

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Dec 04 1944 (FN)

Kann Vs. United States

Court : US Supreme Court

Decided on : Dec-04-1944

..... first that there is no substantial evidence that the transactions involving elk mills' subcontract were other than innocent transactions page 323 u. s. 93 intended to finance the government contracts held by triumph in conformity to that company's agreements with the bank, or, if the transactions were for an improper purpose, there is no proof that he was ..... these actions had been concealed from other directors of triumph, and that the true situation was discovered when a federal officer made an audit of triumph's transactions under government contracts. the petitioner offered evidence tending to prove that, in order to expand triumph's business, two banks had loaned large sums to triumph under written agreements which restricted the ..... at substantial salaries, and 49% of its stock distributed to five defendants, who were administrative employees of triumph, without consideration; that triumph, pursuant to the plan, subcontracted a government contract to elk mills for 51% of the latter's stock, on a basis which would yield elk mills large profits, and would involve utilization of the employees and services of ..... indictment continued that the defendants devised a scheme to defraud triumph and its stockholders and obtain money for themselves by diverting part of the profits of triumph on its government contracts to a corporation known as elk mills loading corporation and distributing such profits through salaries, dividends, and page 323 u. s. 90 bonuses to be paid by elk mills .....

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Dec 04 1944 (FN)

United States Vs. Standard Rice Co., Inc.

Court : US Supreme Court

Decided on : Dec-04-1944

..... under analogous situations. when problems of the interpretation of its contracts arise, the law of contracts governs. hollerbach v. united states, 233 u. s. 165 , 233 u. s. 171 -172; united states v. bethlehem steel corp ..... states any savings which it made as a result of reductions in tariff duties. yet the difference between them and other taxes under this contract is not apparent. although there will be exceptions, in general, the united states, as a contractor, must be treated as other contractors ..... entered on invoices as a separate item." respondent made the required deliveries to the united states and received the full price specified in the contract. respondent was the first domestic processor of the rice, and accordingly paid the processing taxes imposed by the agricultural adjustment act, 48 ..... .c. 71, settled and adjusted the claim by offsetting against it an amount which he concluded respondent owed the united states under a contract. since the latter claim equaled the overassessment on the income taxes, the comptroller general refused to authorize a refund to respondent. this suit ..... processing taxes imposed by the agricultural adjustment act, which taxes page 323 u. s. 107 were "applicable" to the material within the meaning of the contract, but which, because subsequently adjudged invalid, were never collected from the contractor. united states v. kansas flour mills corp., 314 u. s. 212 , .....

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Apr 10 1944 (FN)

United States Vs. Blair

Court : US Supreme Court

Decided on : Apr-10-1944

..... arbitrary impositions. from the outset, the superintending page 321 u. s. 740 government officers required the contractor "to do things admittedly not required of him under the contract on threat of reprisals for refusal." these were not empty threats. the evidence shows that an unauthorized and unreasonable order to erect outside scaffolding for laying bricks was ..... and reprisals. it also found that respondent reasonably concluded that "the best and most practical way of handling the matter of protests" was informally, through conferences with the contracting officer in washington; the latter, however, was often unable or unwilling to help him. thus, the court ruled that respondent was excused from following the procedure set ..... authorized representative. moreover, the remaining items which were the subject of sharp dispute between respondent and the superintendent were not even appealed by respondent to the contracting officer. and where the contracting officer could be said to have acquiesced in the superintendent's rulings, no attempt was made to appeal further to the departmental head. respondent has thus ..... nonexistent obligation. if the parties did intend to impose such an obligation or duty on the government, they failed to embody that intention expressly in the contract. article 13 of the contract merely obligates the contractor to cooperate with other government contractors and to refrain from committing or permitting any act which would delay such other contractors. article .....

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