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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1948 Page 1 of about 42 results (0.055 seconds)

Jun 14 1948 (FN)

United States Vs. Zazove

Court : US Supreme Court

Decided on : Jun-14-1948

..... usage of this term in commercial insurance policies. [ footnote 10 ] see aschenbrenner v. united states fidelity & guaranty co., 292 u. s. 80 , 292 u. s. 84 et seq.; manufacturers' accident indemnity co. v. dorgan, 58 f. 945, 956. [ footnote 11 ] aschenbrenner v. united states fidelity & guaranty co., supra, note 10 at 292 u. s. 84 -85. [ footnote 12 ] ..... , 1924, [ footnote 26 ] provided for payment of insurance benefits in 240 equal monthly installments, but authorized the veterans' administration (formerly the veterans' bureau) to provide in the contract page 334 u. s. 618 of insurance "for optional settlements, to be selected by the insured, whereby such insurance may be made payable either in one sum or in installments ..... for construing it in favor of the insured. [ footnote 10 ] there is, of course, a marked distinction between the criteria for judicial construction of an ordinary commercial insurance contract and construction of the provisions of an act of congress setting up a system of national life insurance for servicemen to be administered by a governmental agency. the statutory provisions ..... regard the continuing payability of monthly installments, after the payment of the 120 installments certain, as possibly constituting a significant component of the insurance for which the serviceman had contracted, rather than a sheer gratuity conferred by congress, that the court could view the subsection as plainly and without ambiguity requiring the face value of the insurance to be .....

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Jun 14 1948 (FN)

Lichter Vs. United States

Court : US Supreme Court

Decided on : Jun-14-1948

..... renegotiation commenced by the secretary within such sixty days the contractor or subcontractor shall not thereafter be required to renegotiate to eliminate excessive profits realized from any such contract or subcontract during such fiscal year or years and any liabilities of the contractor or subcontractor for excessive profits realized during such period shall be thereby discharged." ..... excessive profits" and those which later might be determined with "reasonable certainty." also, in 403(d), [ footnote 24 ] it was provided that, in renegotiating a contract price or determining excessive profits, the secretaries of the respective departments should not make allowances "for any salaries, bonuses, or other compensation paid by a contractor to its ..... facilities. adhering, however, to the policy of private operation of these facilities congress and the administration sought to promote a policy of wide distribution of prime contracts and subcontracts, even to comparatively high-cost marginal producers of unfamiliar products. congress sought to do everything possible to retain and encourage individual initiative in the worldwide ..... exercise its basic powers. our first question relates to the method of adjusting net compensation for war services through the compulsory "renegotiation" of profits under existing contracts between private parties, including recourse to unilateral orders for payments into the treasury of the united states of such portions of those profits as were determined by .....

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Jun 07 1948 (FN)

Bay Ridge Operating Co., Inc. Vs. Aaron

Court : US Supreme Court

Decided on : Jun-07-1948

..... the immediate problem before us is the fact that, because the fair labor standards act had been "interpreted judicially in disregard of long established customs, practices, and contracts between employers and employees," congress had to undo such judicial misconstruction because it found that "voluntary collective bargaining would be interfered with, and industrial disputes between employees ..... time hours relevant to a determination of the respondents' rate of pay. the district court thought the concentration was significant. it did not test whether the contract overtime rates contained overtime premium payments by considering whether the employee actually received extra compensation for excess hours. we accept the district court's holding that this ..... as pay. further, we reject the argument that, under the statute, an agreement reached or administered through collective bargaining is more persuasive in defining regular rate than individual contracts. although our public policy recognizes the effectiveness of collective bargaining and encourages its use, [ footnote 17 ] nothing to our knowledge in any act authorizes us to ..... held otherwise. [ footnote 6 ] throughout all these proceedings, the petitioners have been represented by the department of justice, since the united states, under its cost-plus contracts with the petitioners, is the real party in interest. substantially all stevedoring during the war years was performed for the account of the united states. the solicitor general .....

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Jun 07 1948 (FN)

United States Vs. Columbia Steel Co.

Court : US Supreme Court

Decided on : Jun-07-1948

..... fact that the figures for estimated consumption included only seven states as against eleven in the consolidated market, consolidated's purchases in 1946 were principally devoted to finishing up war contracts. the figures for estimated consumption were based on the assumption that the level of activity would be considerably lower than during the war. [ footnote 10 ] the table ..... 531 to decline with an increase in volume, it does not seem to us that it has been shown that competition in this field between the parties to this contract is so substantial that its elimination under these circumstances constitutes an unreasonable restraint. the government cites four antitrust cases involving railroads to support its argument that control by one ..... likewise conclude that the elimination of competition between consolidated and national tube (a united states steel subsidiary) does not constitute an unreasonable restraint. competition at the time of the contract was restricted to the sale of large diameter pipe for oil and gas pipelines, see pages 334 u. s. 516 to 518, supra, and the only indication in ..... fabricators. looking at the situation here presented, we are unwilling to hold that possibilities of interference with future competition are serious enough to justify us in declaring that this contract will bring about unlawful restraint. we conclude that, in this case, the government has failed to prove that the elimination of competition between consolidated and the structural fabricating .....

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Mar 08 1948 (FN)

United States Vs. Line Material Co.

Court : US Supreme Court

Decided on : Mar-08-1948

..... be relieved from its obligation under said section." [ footnote 9 ] in the line-general electric license agreement of march 15, 1940, the first under the revised line-southern contract, the price maintenance provision was as follows: "9. the license hereby granted by the licensor is subject to the express limitations that" "as to dropout fuse cutouts manufactured ..... we indicated at the first of this opinion, that the general electric case controlled and permitted such price arrangements as are disclosed in page 333 u. s. 299 the contracts the district court dismissed the complaint. the government attacks the rationale of the general electric case and urges that it be overruled, limited and explained, or differentiated. ii ..... . the licenses that were the subject of the escrow contained the price provisions of general electric's license. this awareness by each signer of the price provisions in prior contracts is conceded by appellees' brief. a price schedule became effective january 18, 1941. thereafter, all the appellees tried to maintain prices. where there was accidental variation, line ..... 4 of the sherman act [ footnote 1 ] in the district court against continuance of violations of that act by an allegedly unlawful combination or conspiracy between appellees, through contracts, to restrain interstate trade in certain patented electrical devices. the restraint alleged arose from a cross-license arrangement between the patent owners, line material company and southern states equipment .....

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Jun 21 1948 (FN)

Shapiro Vs. United States

Court : US Supreme Court

Decided on : Jun-21-1948

..... every common carrier subject to the provisions of the statute to file with the commission copies of its schedules and tariffs of rates, fares, and charges, and of all contracts and agreements between carriers. [ footnote 33 ] it is further suggested that the presence of statutory provisions for confidential treatment, in certain limited respects, of information obtained by ..... 50 u.s.c.app. 922(g). the compulsory testimony act of 1893 provides: "no person shall be excused from attending and testifying or from producing books, papers, tariffs, contracts, agreements, and documents before the interstate commerce commission, or in obedience to the subpoena of the commission . . . on the ground or for the reason that the testimony ..... , which it was in effect construing, provides that, "no person shall be excused page 335 u. s. 26 from attending and testifying or from producing books, papers, tariffs, contracts, agreements, and documents before the interstate commerce commission . . . for the reason that the testimony or evidence, documentary or otherwise, required of him, may tend to criminate him ..... the subpoena directed petitioner to appear before designated enforcement attorneys of the office of price administration and to produce "all duplicate sales invoices, sales books, ledgers, inventory records, contracts and records relating to the sale of all commodities from september 1st, 1944, to september 28, 1944." in compliance with the subpoena, petitioner appeared and, after being sworn, .....

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Jun 21 1948 (FN)

United States Vs. Cio

Court : US Supreme Court

Decided on : Jun-21-1948

..... be unconstitutional and by the other valid, it is our plain duty to adopt that construction which will save the statute from constitutional infirmity. knights templars indemnity co. v. jarman, 187 u. s. 197 , 187 u. s. 205 . and unless this rule be considered as meaning that our ..... that term to "contribution" and defining this to include "a gift, subscription, loan, advance, or deposit, of money, or anything of value, and includes a contract, promise, or agreement, whether or not legally enforceable to make a contribution. . . ." since "expenditure" was intended to broaden "contribution" in the 1947 amendment ..... footnote 11 ] 43 stat. 1074. "contribution" was defined to include "a gift, subscription, loan, advance, or deposit, of money, or anything of value, and includes a contract, promise, or agreement, whether or not legally enforceable, to make a contribution." 43 stat. 1071. [ footnote 12 ] 43 stat. 1070. [ footnote 13 ] 57 stat. ..... amendment reserves against legislative annexation. it is this difference, the very fact that the restriction seeks to contract the boundaries of expression and the right to hear previously considered open, which forces upon its authors the burden of justifying the ..... contraction by demonstrating indubitable public advantage arising from the restriction outweighing all disadvantages, thus reversing the direction of presumptive weight .....

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Jun 07 1948 (FN)

Sherrer Vs. Sherrer

Court : US Supreme Court

Decided on : Jun-07-1948

..... . nowhere in the united states, not even in the states which grant divorces most freely, may a husband and wife rescind their marriage at will, as they might a commercial contract. even if one thought that such a view of the institution of marriage was socially desirable, it could scarcely be held that such a personal view was incorporated into the ..... . andrews, 188 u. s. 14 ; cf. fall v. eastin, 215 u. s. 1 ; alaska packers association v. industrial accident commission, 294 u. s. 532 . if the marriage contract were no different from a contract to sell an automobile, the parties thereto might well be permitted to bargain away all interests involved, in or out of court. but the state has an interest ..... several legislatures, and not through litigation in court. see ireland and galindez, divorce in the americas (1947) p. 1. page 334 u. s. 360 as a contract, the marriage contract is unique in the law. to assimilate it to an ordinary private contract can only mislead. see maynard v. hill, 125 u. s. 190 , 125 u. s. 210 -214; restatement of the law ..... , contracts, 584, 586; cf. 17 u. s. woodward, 4 wheat. 518, 17 u. s. 627 -629. the parties to a marriage do not comprehend between them all the interests that the .....

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May 10 1948 (FN)

Mandeville Island Farms Vs. American Crystal Sugar

Court : US Supreme Court

Decided on : May-10-1948

..... see note 5 only the allegations of the sherman act count. the stipulation provided for following this course without prejudice to further assertion by petitioners of rights under the two contract counts within a specified period following final determination of the sherman act issues. [ footnote 2 ] it was alleged that the beets, when harvested, are "bulky and semi ..... . reversed and remanded. [ footnote 1 ] the original complaint contained three counts, the first alleging violations of the sherman act, and the second and third charging breach of contracts made in 1940 and 1941, respectively. in order to expedite decision and review upon the sherman act contention, by stipulation, the amended complaint was filed setting forth, with an ..... the fact that a refining or manufacturing process constitutes an intermediate stage in the whole. to compare an industry so completely interlocked in all its stages, by all-inclusive contract as well as by industrial structure and organization, with one like producing, processing, and marketing fruits, vegetables, corn, or other products susceptible of various uses and under ..... the crops so grown, when harvested, were not "sold in central markets, as were potatoes, onions, corn, grain, fruit and berries, but were produced by growers under contract with manufacturers or processors, and, immediately upon being harvested, were delivered to these manufacturers and taken to their beet sugar refineries, where the sugar beets were manufactured by an elaborate .....

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Dec 06 1948 (FN)

Vermilya-brown Co., Inc. Vs. Connell

Court : US Supreme Court

Decided on : Dec-06-1948

..... extend all proper protection to the wages and hours of all personnel at the base, because they are and can be there only by virtue of government assignment or government contracts. in summary: congress made the act applicable in our "possessions." there is no indication or reason to believe that, had congress considered the matter, it would have regarded our ..... a reasonable time the control of the necessary territory of the republic of colombia, and the sovereignty of such territory being actually vested in the republic of panama, the high contracting parties have resolved for that purpose to conclude a convention, and have accordingly appointed as their plenipotentiaries --" id., 2235: " article iii" "the republic of panama grants to the united ..... v. florida, 313 u. s. 69 , 313 u. s. 73 , 313 u. s. 78 . a fortiori, civil controls may apply, we think, to liabilities created by statutory regulation of labor contracts, even if aliens may be involved, where the incidents regulated occur on areas under the control, though not within the territorial jurisdiction or sovereignty of the nation enacting the legislation ..... constitution, art. iv, 3, cl. 2, to make "all needful rules and regulations respecting the territory or other property belonging to the united states," congress has power to regulate labor contracts where the incidents regulated occur in areas under the control, though not within the territorial jurisdiction or sovereignty of the united states. p. 335 u. s. 381 . 3. under the .....

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