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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1946 Page 1 of about 40 results (0.120 seconds)

Jun 10 1946 (FN)

Hust Vs. Moore-mccormack Lines, Inc.

Court : US Supreme Court

Decided on : Jun-10-1946

..... u. s. 732 responsible for keeping the ship in repair and for providing the seaman's supplies. for all of these expenditures not covered by insurance the contract purported expressly to provide for indemnity from the government. [ footnote 41 ] with so much of the former relation thus retained and so little of additional risk thrown on the operating agent, it ..... vessel is chartered. as to them, their status and the status of the government employees mentioned will be made uniform." " * * * *" ". . . they will continue to have the right to indemnity through court action for injury resulting from unseaworthiness of the vessel or defects in vessel appliances, and they (and their dependents) will have the right to action under the jones ..... , the united states maritime commission was created and the functions and duties of the former shipping board were transferred to it. [ footnote 22 ] under the standard forms of contract utilized for these arrangements by the shipping board and later by the maritime commission, the private operator, though designated as "agent" somewhat in the manner of the administration's general ..... in effect reserving decision on the question of remittitur pending outcome of decision on appeal. [ footnote 10 ] acting within its authority, cf. note 3 the administration utilized these standard contracts for making arrangements with private steamship companies for the operation of many of these vessels. 46 c.f.r. (cum.supp.) 306.44. they did not cover specific vessels. .....

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Apr 22 1946 (FN)

Seas Shipping Co., Inc. Vs. Sieracki

Court : US Supreme Court

Decided on : Apr-22-1946

..... is for these reasons that, throughout the long history of the maritime law, the right to maintenance and cure, and later the right to indemnity for injuries attributable to unseaworthiness, have been confined to seamen. longshoremen and harbor workers are in a class very different from seamen, and one ..... 80, 5; 57 & 58 vict. c. 60, 458. in this country, the right of the seaman to demand, in addition to maintenance and cure, indemnity for injuries resulting from unseaworthiness was first recognized by this court in the osceola, 189 u. s. 158 . in later cases, it has been established that ..... 367 ; atlantic transport co. v. imbrovek, 234 u. s. 52 . [ footnote 7 ] it has been suggested that "the seaman's right of indemnity for injuries caused by defective appliances or unseaworthiness seems to have been a development from his privilege to abandon a vessel improperly fitted out." the arizona v. anelich, ..... of appeals obviously went on this view. moreover the contention necessarily affects the bethlehem companies, at any rate in relation to possible claim of indemnity by petitioner. they have not been named as respondents here or served in accordance with rule 38(3). consequently we are precluded from making ..... places upon maritime workers and in the policy of the law to secure them indemnity against such hazards. obviously the norm of the liability has been historically, and still is, the case of the seaman under contract with the vessel's owner. this is because the work of maritime service .....

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Feb 04 1946 (FN)

Meyer Vs. Fleming

Court : US Supreme Court

Decided on : Feb-04-1946

..... missouri, k. & t. trust co. v. german nat'l bank, 77 f. 117, 122, 123; boston elevated ry. co. v. paul boynton co., 211 f. 812, 822, 823; hartford accident & indemnity co. v. federal bond & mortgage co., 59 f.2d 950, 956. see 1 clark on receivers (2d ed., 1929) 614, 615. [ footnote 11 ] glenn, the stockholder's suit, 33 yale ..... : "the trustee in bankruptcy is not obliged to maintain or continue every cause of action which the bankrupt may have. he is not bound to accept burdensome property nor unprofitable contracts ( atchison, t. & s.f. ry. co. v. hurley, 153 fed.rep. 503, aff'd, 213 u. s. 213 u.s. 126), nor is he obliged to intervene in any action .....

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Mar 04 1946 (FN)

Wilson Vs. Cook

Court : US Supreme Court

Decided on : Mar-04-1946

..... ." (emphasis added.) [ footnote 5 ] the provision reads: "every producer actually operating any oil or gas well, quarry or other property from which natural resources are severed, under contract or agreement requiring payment direct to the owners of any royalty, excess royalty or working interest, either in money or in kind, is hereby authorized, empowered, and required to deduct ..... leave no doubt that the supreme court of arkansas correctly held that plaintiffs, who are taxed by the state on their activities in severing lumber from government lands under contract with the government, cannot claim the benefit of the implied constitutional immunity of the federal government from taxation by the state. plaintiffs now, for the first time, assail ..... under their contract, severed timber from the forest reserves in question. an execution having been issued and delivered to the county sheriff, appellee in no. 328, and also appellant in no. ..... provided that "title to all timber included in this agreement shall remain in the united states until it is paid for, and scaled, measured, or counted." by the contracts, the appellants were required in advance of severance to place with the government representative advance installments of the estimated purchase price. in the years 1937 to 1942, appellants, proceeding .....

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Jun 10 1946 (FN)

American Tobacco Co. Vs. United States

Court : US Supreme Court

Decided on : Jun-10-1946

..... possible purposes of the act, we think the decisions prove to have been in fact its purposes. [148 f.2d at 427.]" " * * * *" "starting, however, with the authoritative premise that all contracts fixing prices are unconditionally prohibited, the only possible difference between them and a monopoly is that, while a monopoly necessarily involves an equal or even greater power to fix prices ..... sell is a price which it itself fixed. thereafter, the power and its exercise must needs coalesce. indeed, it would be absurd to condemn such contracts unconditionally and not to extend the condemnation to monopolies, for the contracts are only steps toward that entire control which monopoly confers; they are really partial monopolies. [ id., 148 f.2d at 427, 428.]" " * * * *" "it does .....

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Mar 25 1946 (FN)

S.R.A., Inc. Vs. Minnesota

Court : US Supreme Court

Decided on : Mar-25-1946

..... paul, minnesota. it put the vendee in possession, but retained the legal title, with the right of reentry, as security for portions of the purchase price remaining due under the contract of sale. the decisive question before us is whether the interest thus retained by the united states bars minnesota, under a general nondiscriminatory law, from taxing the vendee's interest ..... which the petitioner presents for our decision -- whether the retention by the united states of the legal title to the taxed land precludes its taxation to petitioner, which, under its contract with the government, has acquired possession and right to possession. as i have no doubt on this question, i agree the judgments should be affirmed. mr. justice frankfurter concurring. ..... owned by the united states and therefore treated as the united states. these purchasers had paid enough of the purchase price -- ten percent -- to entitle them to deeds under their contracts, but had not paid the entire purchase price. the deeds had not been delivered, nor the mortgages executed for the balance, as required by the purchase agreement. this page 327 ..... directly passed upon the effect on federal sovereignty of the property's transfer by the united states to private hands. in this instance, there were no specific words in the contract with petitioner which were intended to retain sovereignty in the united states. there was no express retrocession by congress to minnesota, such as sometimes occurs. [ footnote 8 ] there was .....

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Jan 14 1946 (FN)

Railway Conductors Vs. Pitney

Court : US Supreme Court

Decided on : Jan-14-1946

..... and brt do not deny that orc members had performed the work in question continuously for more than thirty-five years or exclusively until the contract of 1943 with brt was made and put into effect. they allege no protest against this arrangement until shortly after the 1940 agreement with orc ..... the effect of the agreements made prior to 1943, and the board so finds, no "change" in violation of 6 was brought about by the 1943 contract, which, in that event, becomes merely declaratory of preexisting rights. the crucial issue is whether the 1943 agreement "changed" -- that is, altered the ..... orc and brt, respectively, as affected by the establishment of switching limits in 1929 and other matters bearing upon the interpretation of the written contracts and the rights of the parties. only after the adjustment board has acted can it be known whether a change in violation of 6 ..... has been proposed or has taken place in fact. whether the relief sought should be granted depends on whether the adjustment board finds that the 1943 contract with brt, or action taken thereunder, constitutes a "change in agreements affecting rates of pay, rules, or working conditions" within the meaning of ..... issue as a result of negotiations as to rules, rates of pay, and working conditions between it and the railroad, and that the 1940 contract specifically provided that this situation would not be changed without further agreement. thus, the proposed displacement of orc conductors would violate 6 of the railway .....

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Nov 25 1946 (FN)

Richfield Oil Corp. Vs. State Bd. of Equalization

Court : US Supreme Court

Decided on : Nov-25-1946

..... . s. 418 , where a federal manufacturing tax on filled cheese was sustained against the claim that it was a tax levied by congress on exports. the cheese was manufactured under contract for export. the court said, "the true construction of the constitutional provision is that no burden by way of tax or duty can be cast upon the exportation of page ..... the united states. judicial code 237, 28 u.s.c. 344(a), 861a. appellant is engaged in producing and selling oil and oil products in california. it entered into a contract with the new zealand government for the sale of oil. the price was f.o.b. los angeles, payment in london. delivery was "to the order of the naval secretary ..... of judicial code 237, 28 u.s.c. 344(a). p. 329 u. s. 72 . 2. appellant, which was engaged in producing and selling oil in california, entered into a contract for the sale of oil to the new zealand government. the oil was delivered by appellant from dockside tanks into a vessel of the new zealand government at a california .....

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May 13 1946 (FN)

Rfc Vs. Beaver County

Court : US Supreme Court

Decided on : May-13-1946

..... the government required. the lease contract also provided that the machinery should "remain personalty notwithstanding the fact it may be affixed or attached to realty." the government contends that, under these circumstances, the machinery was ..... the machinery were attached by easily removable screws and bolts, and some of the equipment and fixtures could be moved from place to place within the plant. the lease contract with curtiss-wright authorized the government to receive and to replace existing equipment, and parts of the machinery appear to have been frequently interchanged and replaced as the convenience of ..... essential to the existence and operation of a manufacturing plant for aircraft propellers. the plant, thus fully equipped, was leased to curtiss-wright corporation, to carry out its war contracts with the government for the manufacture of propellers. most of the machinery was heavy, not attached to the buildings, and was held in place by its own weight. other ..... screws and bolts. some of the equipment could be moved from place to place in the plant. the plant was leased to a manufacturer of war equipment under a contract providing that the machinery should "remain personalty notwithstanding the fact it may be affixed or attached to realty." the supreme court of pennsylvania sustained the imposition of a tax .....

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Feb 25 1946 (FN)

Duncan Vs. Kahanamoku

Court : US Supreme Court

Decided on : Feb-25-1946

duncan v. kahanamoku - 327 u.s. 304 (1946) u.s. supreme court duncan v. kahanamoku, 327 u.s. 304 (1946) duncan v. kahanamoku argued december 7, 1945 decided february 25, 1946 * 327 u.s. 304 certiorari to the circuit court of appeal for the ninth circuit syllabus 1. section 67 of the hawaiian organic act, 31 stat. 141, 153, authorizing the territorial governor, in case of rebellion or invasion, or imminent danger thereof, when the public safety requires it, to suspend the privilege of the writ of habeas corpus or "place the territory . . . under martial law," did not give the armed forces, during a period of martial law, power to supplant all civilian laws and to substitute military for judicial trials of civilians not charged with violations of the law of war, in territory of the united states not recently regained from an enemy at a time when the dangers apprehended by the military are not sufficient to cause them to require civilians to evacuate the area and it is not impossible for the civilian government and the courts to function. pp. 327 u. s. 313 , 327 u. s. 324 . (a) although part of the language of 67 of the organic act is identical with a part of the language of the original constitution of hawaii, congress did not intend to adopt the decision of the supreme court of hawaii in in re kalanianaole, 10 hawaii 29, sustaining military trials of civilians in hawaii without adequate court review during periods of insurrection. p. 327 u. s. 316 . page 327 u. s. 305 (b) .....

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