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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1946 Page 3 of about 40 results (0.054 seconds)

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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Jun 10 1946 (FN)

Kotteakos Vs. United States

Court : US Supreme Court

Decided on : Jun-10-1946

..... for purposes not within the contemplation of title 1 of the national housing act. the defendants would procure various documents, e.g., credit statements and certificates falsely stating that work contracted for had been completed and material delivered, and, on the basis of these documents, which were presented to the various financial institutions and to the federal housing administration, would obtain .....

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Feb 25 1946 (FN)

Ashcraft Vs. Tennessee

Court : US Supreme Court

Decided on : Feb-25-1946

ashcraft v. tennessee - 327 u.s. 274 (1946) u.s. supreme court ashcraft v. tennessee, 327 u.s. 274 (1946) ashcraft v. tennessee no. 381 argued february 6, 7, 1946 decided february 25, 1946 327 u.s. 274 certiorari to the supreme court of tennessee syllabus 1. on retrial of petitioner, whose conviction in a criminal case in a state court had been reversed by this court on the ground that it had been obtained by use of a coerced confession, ashcraft v. tennessee, 322 u. s. 143 , the jury was permitted to hear testimony narrating everything (except the confession) that took place during the inquisition at which the confession was obtained. this resulted in another conviction. held: there was no relevant distinction between the use of this evidence and the use of the confession, and the conviction is reversed as being contrary to the due process clause of the fourteenth amendment. p. 327 u. s. 278 . 2. in oral argument before this court in the earlier proceeding, the state's attorney admitted that the confession was the only evidence against petitioner, and this was mentioned in the opinion of this court, which reversed the conviction and remanded the cause to the state supreme court for proceedings not inconsistent with the opinion of this court. held: the mandate of this court did not forbid a new trial of petitioner. p. 279, n. *. 3. a state supreme court's construction of its own mandate is final. p. 279, n. *. reversed. page 327 u. s. 275 petitioner was convicted as an .....

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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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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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Mar 25 1946 (FN)

United States Ex Rel. Tva Vs. Welch

Court : US Supreme Court

Decided on : Mar-25-1946

..... national park we are not here concerned. under the contract, the public rights in highway no. 288 were acquired by the authority, and it agreed to acquire the lands here in controversy. the acquisition of the whole area was a ..... broad responsibilities placed on the authority relate to navigability, flood control, reforestation, marginal lands, and agricultural and industrial development of the whole tennessee valley. the tva was empowered to make contracts, purchase and sell property deemed necessary or convenient in the transaction of its business, and to build dams, reservoirs, transmission lines, power houses, and other structures. it was particularly admonished ..... action is not "outside land speculation." 263 u.s. at 263 u. s. 84 . it follows that, having this power, the authority could contract, as it did, to reduce its expenditures page 327 u. s. 556 by the contract arrangements of july 30, 1943, with swain county and north carolina. with the authority's power to turn over its lands to the .....

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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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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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Jun 10 1946 (FN)

Knauer Vs. United States

Court : US Supreme Court

Decided on : Jun-10-1946

knauer v. united states - 328 u.s. 654 (1946) u.s. supreme court knauer v. united states, 328 u.s. 654 (1946) knauer v. united states no. 510 argued march 28, 29, 1946 decided june 10, 1946 328 u.s. 654 certiorari to the circuit court of appeals for the seventh circuit syllabus 1. in a proceeding under 338 of the nationality act of 1940 to revoke an order admitting petitioner to citizenship and to cancel his certificate of naturalization on the ground of fraud in their procurement, there was solid, convincing evidence that, before the date of his naturalization, at that time, and subsequently, he was a thoroughgoing nazi and a faithful follower of adolph hitler. held. the conclusion is irresistible that, when petitioner forswore allegiance to the german reich, he swore falsely, and the revocation of the decree of naturalization is sustained. pp. 328 u. s. 660 -669, 328 u. s. 674 . 2. the standard of proof required in such proceedings is strict. schneiderman v. united states, 320 u. s. 118 ; baumgartner v. united states, 322 u. s. 665 . p. 328 u. s. 657 . 3. in reviewing such a proceeding, this court does not accept even concurrent findings of the two lower courts as conclusive, but reexamines the facts to determine whether the united states has carried the burden of proving its case by "clear, unequivocal, and convincing" evidence, which does not leave "the issue in doubt." id. pp. 328 u. s. 657 -658. 4. citizenship obtained through naturalization is not a second-class .....

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May 27 1946 (FN)

Fishgold Vs. Sullivan Drydock and Repair Corp.

Court : US Supreme Court

Decided on : May-27-1946

..... . united states, 281 u. s. 249 , 281 u. s. 255 . but here, the rights of the union and its members under a contract with the corporation were adjudicated in a proceeding in which the union was a party. the contract was still in existence at the time of the appeal. hence, the case was not moot. and the only way the union .....

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