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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1946 Page 2 of about 40 results (0.054 seconds)

May 27 1946 (FN)

Sec Vs. Howey Co.

Court : US Supreme Court

Decided on : May-27-1946

..... stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral trust certificate, pre-organization certificate or subscription, transferable share, investment contract, voting trust certificate, certificate of deposit for a security, fractional undivided interest in oil, gas, or other mineral rights, or, in general, any interest or instrument commonly ..... therefore essential if the investors are to achieve their paramount aim of a return on their investments. their respective shares in this enterprise are evidenced by land sales contracts and warranty deeds, which serve as a convenient method of determining the investors' allocable shares of the profits. the resulting transfer of rights in land is ..... ] this definition also includes "securities" of a more variable character, designated by such descriptive terms as "certificate of interest or participation in any profit-sharing agreement," "investment contract," and, "in general, any interest or instrument commonly known as a security.'" the legal issue in this case turns upon a determination of whether, under the circumstances, the ..... the application of 2(1) of the securities act of 1933 [ footnote 1 ] to an offering of units of a citrus grove development, coupled with a contract for cultivating, marketing and remitting the net proceeds to the investor. the securities and exchange commission instituted this action to restrain the respondents from using the mails and .....

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Mar 25 1946 (FN)

United States Vs. Carbone

Court : US Supreme Court

Decided on : Mar-25-1946

..... . . work, . . . financed in whole or in part by loans or grants from the united states, . . . to give up any part of the compensation to which he is entitled under his contract of employment, by force, intimidation, threat of procuring dismissal from such employment, or by any other manner whatsoever, shall be fined . . . or imprisoned . . . or both." 48 stat. 948, 40 ..... of the kickback act punishes "whoever" induces another person employed on a federally financed project "to give up any part of the compensation to which he is entitled under his contract of employment, by force, intimidation, threat of procuring dismissal from such employment, or by any other manner whatsoever." the united states contends that this provision applies to the ..... with the contractors, the appellees "well knowing and intending that the laborers would pay the said five dollars out of the compensation to which they were entitled under their contracts of employment with the said contractors." the indictment also stated that the appellees kept no records of those who made payments to them. but, if a laborer should present ..... 13, 1934, provides that "whoever" shall induce any person employed on any federally financed work "to give up any part of the compensation to which he is entitled under his contract of employment by force, intimidation, threat of procuring dismissal from such employment, or by any other manner whatsoever," shall be subject to the penalty therein prescribed. appellees, union officials .....

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Feb 25 1946 (FN)

United States Vs. American Union Transport, Inc.

Court : US Supreme Court

Decided on : Feb-25-1946

..... contend, "in connection with" covers only forwarding businesses actually affiliated with a common carrier by water in a corporate sense, or under the control of or pursuant to a continuing contract with such a carrier, then plainly the maritime commission is without jurisdiction over these appellees, since none of them is controlled by or affiliated with a common carrier by water ..... covered by it. the scope of its legislation is, of course, for congress to determine, and not for the enforcing agency. inaction, no matter how consistent and long continued, cannot contract the reach of a statute. but much has properly been said about the important significance which attaches to the meaning given a statute by those whose duty it is to .....

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Jan 07 1946 (FN)

Mason Vs. Paradise Irrigation District

Court : US Supreme Court

Decided on : Jan-07-1946

..... funds to respondent, but, acting through a bank, purchased the bonds at the composition figure and registered the bonds in its name; that, in accordance with the terms of the contract between respondent and the reconstruction finance corporation, page 326 u. s. 540 the old bonds so acquired remained obligations of respondent, were held by the reconstruction finance corporation as security ..... in the market, acquired merely a speculative position in the plan of composition. nor is it merely in the position of a holder of a majority of the bonds. by contract with the debtor, it has underwritten the whole refinancing program. it has ventured the capital necessary to effectuate the plan of composition. it has long been recognized in reorganization law ..... to be treated in situations like the present as a creditor. sec. 402 of the act provides that "any agency of the united states holding securities acquired pursuant to a contract with any petitioner under this chapter shall be deemed a creditor in the amount of the full face value thereof." the reconstruction finance corporation is such an agency. sec. 403 .....

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May 20 1946 (FN)

United States Vs. Joseph A. Holpuch Co.

Court : US Supreme Court

Decided on : May-20-1946

..... between the respondent and the government, rather than between respondent and its bricklayers. hence, the ordinary review provisions of article 15 were applicable, enabling respondent to appeal the contracting officer's decision to the departmental head or his representative. the court of claims made a like error in this respect. [ footnote 4 ] the government points out ..... . their decisions in such matters were clearly appealable under article 15. the second dispute was a question arising under the wage provisions of article 18 of the contracts; that question involved a consideration of the factual situation surrounding the required wage increase and a determination of the validity and effect of the increase under the circumstances ..... that it] expected reimbursement of the difference of 25 cents per hour." on may 12, 1934, the constructing quartermaster advised respondent "that it was the decision of the contracting officer that bricklayers employed on war department construction projects at san antonio, texas, and vicinity [fort sam houston is in this vicinity] should be paid $1.25 per ..... of difference between drawings and specifications, the specifications shall govern. in any case of discrepancy in the figures or drawings, the matter shall be immediately submitted to the contracting officer." the specifications contained a similar provision, and added that the constructing quartermaster was to be the interpreter of the "intent and meaning of the drawings and specifications." .....

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Apr 29 1946 (FN)

Thompson Vs. Texas Mexican R. Co.

Court : US Supreme Court

Decided on : Apr-29-1946

..... in absence of administrative control, the law would, under those circumstances, imply a contract for the use of another's property and award reasonable compensation. thus, trackage rights would be acquired on such terms as the court and jury determined. but 5(2)(a ..... new one without the approval of the commission, they would have page 328 u. s. 147 violated the act. there would be no difference in result merely because the trackage contract expired, by its terms, or was terminated by operation of an escape clause. until abandonment is authorized, operations must continue. while they continue, trackage rights are being enjoyed. ..... a reasonable length of time, no satisfactory plan could be worked out." that decision prevented, in the interests of a reorganization, the enforcement of the provisions of the contracts of the debtor according to their terms. we think like reasons make it important that the status quo of this trackage agreement be maintained pending decision by the commission as ..... railroads, both of which were subject to the authority of the interstate commerce commission, one obtained trackage rights over the lines of the other at a specified rental. the contract was terminable by either party upon twelve months' notice. the grantee railroad subsequently petitioned for reorganization under 77 of the bankruptcy act, a trustee was appointed, and stay orders .....

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Mar 27 1946 (FN)

Winters Vs. New York

Court : US Supreme Court

Decided on : Mar-27-1946

winters v. new york - 333 u.s. 507 (1948) u.s. supreme court winters v. new york, 333 u.s. 507 (1948) winters v. new york no. 3 argued march 27, 1946 reargued november 19, 1946 reargued november 10,1947 decided march 29,1948 333 u.s. 507 appeal from the court of special sessions of new york city syllabus subsection 2 of 1141 of the new york penal law, as construed by the state court of appeals to prohibit distribution of a magazine principally made up of news or stories of criminal deeds of bloodshed or lust so massed as to become vehicles for inciting violent and depraved crimes against the person, held so vague and indefinite as to violate the fourteenth amendment by prohibiting acts within the protection of the guaranty of free speech and press. pp. 333 u. s. 508 -520. 294 n. y. 545, 63 n. e. 2d 98, reversed. appellant was convicted for having certain magazines in his possession with intent to sell them, in violation of subsection 2 of 1141 of the new york penal law. the appellate division of the supreme court of new york affirmed. 268 app.div. 30, 48 n.y.supp. 230. the court of appeals of new york affirmed, 294 n.y. 545, 63 n.e.2d 98, and amended its remittitur to the trial court so as to show that it had held that the conviction did not violate the fourteenth amendment. 294 n.y. 979, 63 n.e.2d 713. reversed, p. 333 u. s. 520 . page 333 u. s. 508 mr. justice reed delivered the opinion of the court. appellant is a new york city bookdealer, convicted, on information, [ .....

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Apr 22 1946 (FN)

Utah Junk Co. Vs. Porter

Court : US Supreme Court

Decided on : Apr-22-1946

..... the price control act. the controversy concerns petitioner's lawful right to collect this processing charge as previously agreed upon page 328 u. s. 41 between the parties to the contract. claiming that the price schedule governing the sales in question was invalid insofar as it failed to permit an allowance for processing, petitioners filed a protest with the administrator. the ..... a protestant in petitioner's plight because the validity of the old schedule may be otherwise tested. the only other way implies the readiness of the customer to pay the contract price for the processing charge and its acceptance by the petitioner, subjecting both to civil and criminal actions for violations of the act. with the consent of the trial court ..... the administrator's insistence on the validity of the old maximum scrap price schedule is not challenged by violation, it could not be tested by bringing a suit on the contract for the additional price. yakus v. united states, 321 u. s. 414 . finally, apart from a construction of the statute which we are bound to reject, the administrator seeks to .....

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Feb 25 1946 (FN)

Boutell Vs. Walling

Court : US Supreme Court

Decided on : Feb-25-1946

..... ] our findings of fact and conclusions of law are as follows: " findings of fact. -- 1. that mechanics employed by common and contract carriers and private carriers of property by motor vehicle, subject to part ii of the interstate commerce act, devote a large part of their time to activities which directly affect ..... following observation made by joseph b. eastman of the interstate commerce commission -- "the bill . . . gives the commission authority to prescribe maximum hours of service for the employees of common carriers, contract carriers, and private carriers of property. . . ." (italics supplied.) 79 cong.rec.12,229. see also s.rep. no.482, 74th cong., 1st sess. (1935) p. 1. [ footnote 8 ..... , uniform systems of accounts, records, and reports, preservation of records, qualifications and maximum hours of service of employees, and safety of operation and equipment." "(2) to regulate contract carriers by motor vehicle as provided in this part, and to that end the commission may establish reasonable requirements with respect to uniform systems of accounts, records, and reports, preservation ..... paragraphs (1) and (2) to confer power on the commission to establish reasonable requirements with respect to the qualifications and maximum hours of service of employees of common and contract carriers, thus restoring provisions that were in the rayburn bill, introduced in the seventy-third congress. . . ." "in order to make the highways more safe, and so that .....

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Dec 09 1946 (FN)

United States Vs. Carmack

Court : US Supreme Court

Decided on : Dec-09-1946

..... of the proposed exchange. september 25, 1941, the action administrator of the federal works agency advised the attorney general that, under authority of the public buildings act, the agency had contracted for the exchange. after referring to his failure to secure title by voluntary conveyance from the city in spite of the willingness of the city officials to make the exchange .....

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