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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1950 Page 1 of about 19 results (0.212 seconds)

Dec 21 1950 (SC)

Pannalal Jankidas Vs. Mohanlal and anr.

Court : Supreme Court of India

Decided on : Dec-21-1950

Reported in : AIR1951SC144; (1951)53BOMLR472; (1951)IMLJ314(SC); [1950]1SCR979; [1950]SuppSCR979

..... agreement they had failed to insure the goods. they contended that owing to this negligence and misconduct the plaintiffs were not entitled to the indemnity claimed. in the alternative they contended that the plaintiffs were liable to make good the loss caused to the defendants by their failure to insure ..... not be fair or reasonable to had the defendant responsible for losses which he could not be taken to contemplate as likely to result from his breach of contract. viscount haldane l.c. in the british westinghouse electric & . v. the underground electric railways co. of london [1912] a.c. 678, 689 ..... insured. the second contention is that the counter-claim of the respondents is barred under section 18(2) of the ordinance. in the indian contract act, sections 211 and 212 provide for the consequences of an agent acting otherwise than according to his duty towards the principal. under section 211 ..... that the intervention of government in passing this ordinance could not increase or add to the liability of the appellants for the breach of contract or breach of duty and therefore they were not liable to pay the compensation which would have been receivable by the respondents if the ..... the workmen's compensation act, 1923 (viii of 1923), or under any policy of life insurance or against personal accident or under any other contract or scheme providing for the payment of compensation for death or personal injury, or for damage to property under any policy of marine or miscellaneous insurance .....

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May 08 1950 (FN)

Powell Vs. United States Cartridge Co.

Court : US Supreme Court

Decided on : May-08-1950

..... of said plant, including the training of operating personnel . . . but excluding the procurement and supervision of the installation of manufacturing facilities (to be done, under a like contract, by the contractor's parent corporation, western cartridge company), and operate said plant. . . ." (emphasis supplied.) it would have been simple for the government to have ordered ..... (a) the congress hereby finds that the fair labor standards act of 1938, as amended, has been interpreted judicially in disregard of long established customs, practices, and contracts between employers and employees, thereby creating wholly unexpected liabilities, immense in amount and retroactive in operation, upon employers, with the results that, if said act as so interpreted ..... and services heretofore and hereafter purchased by its various departments and agencies would be unreasonably increased and the public treasury would be seriously affected by consequent increased cost of war contracts . . ." " * * * *" "the congress further finds and declares that all of the results which have arisen or may arise under the fair labor standards act of ..... the plant, including labor costs. the contractor was even allowed costs of production of munitions that did not meet specifications and could not be used. the government contracted for electric power, telephone, teletype, and telegraph services itself and paid the bills directly, and provided employees traveling on business with tax-free transportation tickets. at .....

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Nov 27 1950 (FN)

Harris Vs. Commissioner

Court : US Supreme Court

Decided on : Nov-27-1950

..... by the agreement -- the wife's assumption of a $47,650 indebtedness of her husband -- was not incorporated into the divorce decree, and therefore is presumably enforceable only under the contract. if enforceability under the decree is the criterion, a gift tax is due to the extent this indebtedness is reflected in the amount determined by the commissioner to represent the ..... or agreement' as upon the decree; indeed, they were 'founded' upon both; the parties chose to submit themselves to two sanctions -- contempt under the divorce court and execution under the contract. the payments were therefore subject to the gift tax." 178 f.2d 861, 865. i would affirm the judgment. [ footnote 2/1 ] the merrill settlement did not involve release of ..... fortiori "founded upon" that agreement? judge learned hand's treatment of this matter is so hardheaded and convincing that it would be idle to paraphrase his views. "in some jurisdictions contracts made in anticipation of a divorce are held to persist ex proprio vigore after the divorce decree has incorporated their terms, and has added its sanctions to those available in ..... allowed in the case of claims against the estate, unpaid mortgages, or any indebtedness shall, when founded upon a promise or agreement, be limited to the extent that they were contracted bona fide and for an adequate and full consideration in money or money's worth. . . . for the purposes of this subchapter, a relinquishment or promised relinquishment of dower, curtesy, or .....

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Nov 06 1950 (FN)

Fogarty Vs. United States

Court : US Supreme Court

Decided on : Nov-06-1950

..... claims . . . for losses (not including diminution of anticipated profits) incurred between september 16, 1940, and august 14, 1945, without fault or negligence on their part in the performance of such contracts or subcontracts. . . ." "sec. 2. (a) in arriving at a fair and equitable settlement of claims under this act. . . ." "sec. 3. claims for losses shall not be ..... filed claims in these proceedings based primarily on the unpaid balance of the loan plus interest, the cost of completing incomplete and defective work on ships delivered under the contracts, and decreased costs resulting from certain changes in the plans and specifications. petitioner filed a counterclaim based primarily on payments due for progress in construction, overtime work, ..... little progress had been made under the contracts when, on december 18, 1942, inland waterways filed a petition for reorganization in bankruptcy. petitioner page 340 u. s. 10 was appointed trustee in bankruptcy. the united states ..... federal courts, certiorari was granted. 339 u.s. 909. the facts are not in dispute. inland waterways, financed by a government guaranteed loan and advances under the contracts, entered into several contracts and supplemental agreements with the navy department, dated from september 18, 1941, to october 30, 1942, for the production of submarine chasers and plane rearming boats. .....

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Jan 09 1950 (FN)

United States Vs. Moorman

Court : US Supreme Court

Decided on : Jan-09-1950

..... representative, whose decision shall be final and conclusive upon the parties thereto. in the meantime, the contractor shall diligently proceed with the work as directed." article 15 of the contract. [ footnote 3 ] these and other representations in the petition for certiorari in this case are substantially identical with representations made by the solicitor general in asking this court ..... legislative branch of government. second. we turn to the contract to determine whether the parties did show an intent to authorize final determinations by the secretary of war or his representatives in this type of controversy. if the ..... to a plain intent of parties to adopt this method for settlement of their disputes. nor should such an agreement of parties be frustrated by judicial "interpretation" of contracts. if parties competent to decide for themselves are to be deprived of the privilege of making such anticipatory provisions for settlement of disputes, this deprivation should come from the ..... that the total effect of the decisions was to "add further doubt and confusion to the authority of designated officers of the united states to make final decisions under government contracts. [ footnote 3 ]" we granted certiorari. 338 u.s. 810. first. contractual provisions such as these have long been used by the government. no congressional enactment condemns .....

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Jun 05 1950 (FN)

Skelly Oil Co. Vs. Phillips Petroleum Co.

Court : US Supreme Court

Decided on : Jun-05-1950

..... to michigan-wisconsin pipe line company on november 30, 1946, whatever the date of its order, for purposes of computation of time for rehearing. the crucial clause of the contract refers to "the issuance of such certificate (of public convenience and necessity)." by their inclusion of a provision dependent upon the action of a federal agency, it is ..... but the actual content of the order was not made public until december 2, 1946. petitioners severally, on december 2, 1946, gave notice to phillips of termination of their contracts on the ground that michigan-wisconsin had not received a certificate of public convenience and necessity. thereupon michigan-wisconsin and phillips brought suit against petitioners in the district court for ..... [october 1, 1946] a certificate of public convenience and necessity for the construction and operation of its pipeline, seller [a petitioner] shall have the right to terminate this contract by written notice to buyer [phillips] delivered to buyer at any time after december 1, 1946, but before the issuance of such certificate." the legal significance of this provision ..... 1945, whereby the latter undertook to make available gas from the hugoton gas field, sprawling over kansas, oklahoma, and texas, which it produced or purchased from others. phillips had contracted with petitioners, skelly oil company, stanolind oil and gas company, and magnolia petroleum company, to purchase gas produced by them in the hugoton field for resale to michigan-wisconsin. .....

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Apr 10 1950 (FN)

Slocum Vs. Delaware, Lackawanna and Western R. Co.

Court : US Supreme Court

Decided on : Apr-10-1950

..... does not warrant the court to impose on the state courts a rigid one. congress surely would not have granted this exclusive primary power to adjudicate contracts to a body like the board. it consists of people chosen and paid not by the government, but by groups of carriers and the page ..... the federal courts, since the "concept of mediation is the antithesis of justiciability." [ footnote 2/13 ] here, the controversy relates to the interpretation of contracts, a function courts have always performed, and "it is not page 339 u. s. 251 to be lightly assumed that the silence of the statute bars ..... to accept the railroad's action in discharging him as final, thereby ceasing to be an employee, and brought suit claiming damages for breach of contract. as we there held, the railway labor act does not bar courts from adjudicating such cases. a common law or statutory action for wrongful discharge ..... u. s. 244 involving the railroad and two employee accredited bargaining agents. . . ." our ground for this holding was that the court "should not have interpreted the contracts . . . ," but should have left this question for determination by the adjustment board, a congressionally designated agency peculiarly competent in this field. 326 u.s. at ..... to dismiss the case on the ground that the railway labor act left the state court without jurisdiction to interpret the contracts and adjudicate the dispute. that motion was denied. 274 app.div. 950, 83 n.y.s.2d 513. after a trial, the court .....

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Mar 13 1950 (FN)

Reider Vs. Thompson

Court : US Supreme Court

Decided on : Mar-13-1950

..... of this case, it is sufficient to note that there, the pennsylvania court emphasized that the shipment came into this country on a through bill of lading from canada. the contract of carriage did not terminate at the border, as in the instant case. nor does mexican light & power co. v. texas mexican r. co., 331 u. s. 731 , aid respondent ..... of the journey terminated at the border of the united states. the obligation as receiving carrier originated when respondent issued its original through bill of lading at new orleans. that contract of carriage was squarely within the provisions of the statute. the case of alwine v. pennsylvania r. co., 141 pa.super. 558, 15 a.2d 507, much relied upon by ..... different. if the various parties dealing with this shipment separated the carriage into distinct portions by their contracts, it is not for courts judicially to meld the portions into something they are not. the test is not where the shipment originated, but where the obligation of the carrier ..... from buenos aires to boston. the record does not show the slightest privity between respondent and the ocean carrier. the contract for ocean transportation terminated at new orleans. having terminated, nothing of it remained for the new, separate, and distinct domestic contract of carriage to "supplement." even the parties to the ocean bill of lading and the domestic bill of lading were .....

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May 15 1950 (FN)

Labor Board Vs. Mexia Textile Mills, Inc.

Court : US Supreme Court

Decided on : May-15-1950

..... complaint was filed. unilateral wage increases and respondent's efforts to shunt the union representatives from one company official to another in search of the final authority in wage and contract negotiations -- these and other findings led the examiner to conclude that "an unmistakable effort to escape genuine collective bargaining" was demonstrated. further, the examiner determined, there was no merit in ..... part therein. in december, 1947, the trial examiner issued his report. he concluded that, "from the evidence, it is apparent that, although the respondent conferred with the union on possible contract provisions, it did not bargain in good faith, and had no intention of doing so." the failure to bargain was manifest from evidence of incidents taking place from the time .....

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Jan 09 1950 (FN)

Savorgnan Vs. United States

Court : US Supreme Court

Decided on : Jan-09-1950

savorgnan v. united states - 338 u.s. 491 (1950) u.s. supreme court savorgnan v. united states, 338 u.s. 491 (1950) savorgnan v. united states no. 48 argued november 7-8, 1949 decided january 9, 1950 338 u.s. 491 certiorari to the united states court of appeals for the seventh circuit syllabus in 1940, petitioner, a native-born american citizen who was a competent adult woman, voluntarily and knowingly applied for and obtained italian citizenship while in the united states through naturalization in accordance with italian law. she went to italy in 1941, and lived there with her italian husband until 1945, when she returned to the united states. held: she expatriated herself under the laws of the united states by her naturalization as an italian citizen followed by her residence abroad. pp. 338 u. s. 492 -506. (a) within the meaning of 2 of the citizenship act of 1907, the term "naturalization in any foreign state" includes naturalization proceedings which lead to citizenship in a foreign state, even though such proceedings take place in the united states. p. 338 u. s. 499 . (b) after a competent adult american citizen has voluntarily and knowingly performed an overt act which spells expatriation under the wording of the citizenship act of 1907, he cannot preserve or regain his american citizenship by showing his intent or understanding to have been contrary to the usual legal consequences of such an act, since those legal consequences are not dependent upon the intention of .....

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