Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1947 Page 1 of about 55 results (0.151 seconds)

Mar 10 1947 (FN)

American Stevedores, Inc. Vs. Porello

Court : US Supreme Court

Decided on : Mar-10-1947

..... compensation payments received by porello. on cross-appeals by the united states and american, the circuit court of appeals held that american was bound by the indemnity provision of the stevedoring contract to make the united states completely whole. with that modification, it affirmed the decree below. 153 f.2d 605. the important issue in this proceeding ..... , the united states answered, denying fault on its part and claiming sovereign immunity from suit. later, by a petition charging american with fault and setting forth an indemnity provision of the stevedoring contract, the united states impleaded american. [ footnote 3 ] american then answered the libel, denying fault and asserting as an affirmative defense that, by accepting compensation payments, ..... received by the longshoreman. on cross-appeals by the united states and the contractor, the circuit court of appeals held that the contractor was bound by the indemnity provision of the stevedoring contract to make the united states completely whole, and affirmed the decree with that modification. 153 f.2d 605. this court granted certiorari. 328 u.s. ..... overruled the government's exceptions to the libel. 53 f.supp. 569. the government then impleaded the stevedoring contractor charging it with fault and setting forth an indemnity provision of the contract. the contractor answered the libel, denying fault and asserting as an affirmative defense that, by accepting compensation payments under the longshoremen's and harbor workers' act, .....

Tag this Judgment!

Jun 23 1947 (FN)

Caldarola Vs. Eckert

Court : US Supreme Court

Decided on : Jun-23-1947

..... absence of either explicit statutory command or express contractual provision to that effect. moreover, in view of the scope of the indemnity provided, i see no possible harm that could be inflicted on the "agent" from interpreting the contract so as to allow the normally applicable remedies to apply. accordingly, i would reverse the judgment of the court of appeals. ..... or compensation for death or personal injury or illness," and should be indemnified for such payment. a narrow construction, of course, would limit the provisions for payment and indemnity to payments made without resort to suit. on the other hand, even a literal interpretation would cover payments made by the "agent" upon judgments recovered against it on claims ..... it in performing, procuring or supplying the services, facilities, stores, supplies or equipment as required hereunder," with specified exceptions not covering such liabilities as are now in question. the indemnity also expressly provided: page 332 u. s. 167 "to the extent not recovered from insurance, the united states shall also reimburse the general agent for all crew expenditures ( ..... 27, 1944, the everagra, docked in the north river, new york city, was being unloaded by a stevedoring concern, the jarka company. jarka did the unloading under a contract with the united states, negotiated through the war shipping administration. one of its provisions was that "the administrator shall furnish and maintain in good working order all" necessary equipment. .....

Tag this Judgment!

Jun 09 1947 (FN)

Order of United Commercial Travelers of America Vs. Wolfe

Court : US Supreme Court

Decided on : Jun-09-1947

..... liability and, in case of certain changes in the occupation or physical condition of a member, his right to benefits may be reduced or canceled. there are double indemnities for injuries resulting from accidents on passenger trains, etc., and the coverage generally is related to risks normally encountered by commercial travelers. specific exemptions are made of ..... form of government authorized by the law of the state of incorporation." apparently, it is felt that the individual south dakota policyholder-member can protect himself from overreaching contracts within the framework of this "representative" intracorporate government which is subject to whatever regulation ohio chooses to impose. until today, i had never conceived of the federal ..... is apparently inconsistent with the foregoing cases which have established that state courts have a continuing authority to execute the public policy of the state by refusing to enforce contract provisions of foreign corporations permitted by the state to do business there -- even though those corporations do business with members only. today's opinion does imply, however ..... ." "this certificate, the constitution, by-laws, and articles of incorporation of said order, together with the application for insurance signed by said insured member, shall constitute the contract between said order and said insured member, and shall govern the payment of benefits, and any changes, additions, or amendments to said constitution, by-laws, or articles of .....

Tag this Judgment!

Mar 10 1947 (FN)

Cardillo Vs. Liberty Mut. Ins. Co.

Court : US Supreme Court

Decided on : Mar-10-1947

..... ] as applied to injuries received by employees while traveling between their homes and their regular places of work, however, this phrase has generally been construed to preclude compensation. voehl v. indemnity ins. co., supra, 288 u. s. 169 . such injuries are said not to arise out of and in the course of employment; rather, they arise out of the ordinary ..... is sufficient evidence to support the deputy commissioner's page 330 u. s. 485 view that the payment of transportation costs was merely one way of carrying out the original contract obligation to furnish the transportation itself. we therefore hold that, under the particular circumstances of this case, the deputy commissioner was justified in concluding that ticer's injury and ..... at other times, however, it paid the employees an allowance to cover the cost of transportation in lieu of furnishing an automobile. where the latter course was followed, the written contract was not amended or changed in any way, the employer simply communicating with the union to ascertain the amount necessary to defray the cost of transportation. the amount agreed upon ..... employment, the deputy commissioner must determine the applicability of these exceptions to the general rule. here, he decided that the second exception was applicable -- that ticer's employer had contracted to furnish transportation to and from work and had paid the expense of transportation in lieu of actually supplying the transportation itself. we cannot say that he was wrong as .....

Tag this Judgment!

Mar 31 1947 (FN)

industrial Comm'n of WisconsIn Vs. McCartin

Court : US Supreme Court

Decided on : Mar-31-1947

..... for a lump sum payment, was approved by one of the commissioners of the illinois industrial commission. by that approval, the agreement became, "in legal effect, an award." hartford accident & indemnity co. v. industrial commission, 320 ill. 544, 151 n.e. 495, 496; michelson v. page 330 u. s. 629 industrial commission, 375 ill. 462, 31 n.e.2d ..... the employee under the illinois workmen's compensation act was constitutionally proper from the full faith and credit standpoint. illinois was the state where the parties entered into the employment contract, and its legitimate concern with that employer-employee relationship permitted it to apply its own statute even though the injury occurred elsewhere. alaska packers assn. v. industrial accident ..... the illinois industrial commission, stating that the general nature of the dispute was "[w]hether illinois or wisconsin has jurisdiction in my case." a settlement contract expressly reserving any right the employee "may have" under the wisconsin act was filed with the illinois commission, which approved it and issued a formal settlement order. after full ..... 17, 1947 decided march 31, 1947 330 u.s. 622 certiorari to the supreme court of wisconsin syllabus an employee was injured in wisconsin while working under an illinois contract of employment and while both he and his employer were residents of illinois. he applied to the wisconsin industrial commission for adjustment of claim, and, shortly thereafter, applied to .....

Tag this Judgment!

Jun 16 1947 (FN)

Airport and Diesel Eqpt. Corp. Vs. Hirsch

Court : US Supreme Court

Decided on : Jun-16-1947

..... indemnified by the united states against all claims by any subcontractor on account of amounts withheld from such subcontractor pursuant to this paragraph." in the face of this indemnity, the contractor becomes substantially a stakeholder as between the government and the subcontractor, and the latter's suit against the contractor, if terminated favorably to the complainant, ..... existence of excessive profits." [ footnote 10 ] the original act, as amended, provided: "upon renegotiation, the secretary is authorized and directed to eliminate any excessive profits under such contract or subcontract . . . (iii) by directing a contractor to withhold for the account of the united states, from amounts otherwise due to the subcontractor, any amount of such ..... ended november 30, 1943, renegotiation proceedings were instituted under the second renegotiation act. on january 11, 1945, the under secretary of war, as delegate of the war contracts price adjustment board, entered an order determining that appellant had realized excessive profits of $1,265,000. deduction of tax credits reduced this amount to approximately $270,000 ..... court of the united states for the district of columbia syllabus 1. pursuant to the first and second renegotiation acts, the secretary of war and the war contracts adjustment board, respectively, determined that appellant had realized excessive profits during two years on subcontracts under which it had supplied parts to contractors manufacturing war equipment for .....

Tag this Judgment!

Mar 31 1947 (FN)

Levinson Vs. Spector Motor Service

Court : US Supreme Court

Decided on : Mar-31-1947

..... 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 ..... the interstate commerce commission has power to establish qualifications and maximum hours of service for those employees whose service affects the safety of transportation of common carriers, contract carriers, or private carriers of property in interstate and foreign commerce; that such commission has been charged with the administration and enforcement of that act, and that ..... provisions as to qualifications of drivers, for common and contract carriers, as to eyesight, physical condition, age, and ability to read and speak english. they extended the maximum hours of service regulations to drivers for the "exempt ..... the "motor carrier safety regulations, revised," were found to be "reasonable requirements with respect to qualifications of employees and safety of operation and equipment of common carriers and contract carriers subject to the motor carrier act, 1935, and that said revised regulations should be approved, adopted and prescribed." id. at 683. these revisions strengthened the .....

Tag this Judgment!

Mar 06 1947 (FN)

United States Vs. United Mine Workers

Court : US Supreme Court

Decided on : Mar-06-1947

..... that the controversy before the district court comes within this definition does not need to be labored. the page 330 u. s. 313 controversy arising under the lewis-krug contract concerned "terms or conditions of employment," and was therefore a "labor dispute," whatever further radiations the dispute may have had. the court deems it appropriate to interpolate an ..... governmental authority for owners of property to organize in the corporate and other forms of ownership association, the individual unorganized worker is commonly helpless to exercise actual liberty of contract and to protect his freedom of labor, and thereby to obtain acceptable terms and conditions of employment, wherefore, though he should be free to decline to associate ..... for the period of governmental operation. [ footnote 50 ] such negotiations were undertaken, and resulted in the krug-lewis agreement. that agreement contains many basic departures from the earlier contract entered into between the mine workers and the private operators on april 11, 1945, which, except as amended and supplemented by the krug-lewis agreement, was continued in effect ..... midnight, wednesday, november 20, 1946." secretary krug again notified the defendant lewis that he had no power under the krug-lewis agreement or under the law to terminate the contract by unilateral declaration. [ footnote 10 ] the president of the united states announced his strong support of the government's position, and requested reconsideration by the union in order .....

Tag this Judgment!

Jun 23 1947 (FN)

Adamson Vs. California

Court : US Supreme Court

Decided on : Jun-23-1947

..... in their character. the states were merely prohibited from passing bills of page 332 u. s. 121 attainder, ex post facto laws, laws impairing the obligation of contracts, and perhaps one or two more. but others of the greatest consequence were enumerated, although they were only secured, in express terms, from invasion by the federal government ..... courts can strike down legislative enactments which violate the constitution. this process, of course, involves interpretation, and since words can have many meanings, interpretation obviously may result in contraction or extension of the original purpose of a constitutional page 332 u. s. 91 provision, thereby affecting policy. but to pass upon the constitutionality of statutes by looking ..... accepted meaning of "due process," marked a complete departure from the slaughter-house philosophy of judicial tolerance of state regulation of business activities. conversely, the new formula contracted the effectiveness of the fourteenth amendment as a protection from state infringement of individual liberties enumerated in the bill of rights. thus, the court's second-thought interpretation ..... out in twining v. new jersey, 211 u. s. 78 , that this court is endowed by the constitution with boundless power under "natural law" periodically to expand and contract constitutional standards to conform to the court's conception of what, at a particular time, constitutes "civilized decency" and "fundamental liberty and justice." [ footnote 2/1 ] invoking .....

Tag this Judgment!

Apr 07 1947 (FN)

United States Vs. Ogilvie Hardware Co., Inc.

Court : US Supreme Court

Decided on : Apr-07-1947

..... net income over the aggregate of the amounts which can be distributed within the taxable year as dividends without violating a provision of a written contract executed by the corporation prior to may 1, 1936, which provision expressly deals with the payment of dividends. if a corporation would be ..... are to be strictly construed." helvering v. northwest steel rolling mills, supra, 311 u. s. 49 . since the respondent here had no "written contract" page 330 u. s. 713 against payment of dividends, it had no exemption from the surtax imposed by the original 1936 act. but this suit ..... which prohibited payment of dividends, was a "written contract" within the meaning of the 26(c)(1) exemption provision. we held that we could not so expand the provision's language, relying in part ..... act relieved corporations from the tax if such contracts existed. 49 stat. 1648, 1664. the question we had to decide in those cases was whether a state constitution, corporate charter, or state statute, ..... the taxpayers in those cases claimed exemption from the surtax on the ground that they could not distribute dividends "without violating a provision of a written contract executed by the corporation prior to may 1, 1936, which provision expressly deals with the payment of dividends." section 26(c)(1) of the 1936 .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //