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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1954 Page 1 of about 15 results (0.087 seconds)

Apr 12 1954 (FN)

Maryland Casualty Co. Vs. Cushing

Court : US Supreme Court

Decided on : Apr-12-1954

..... limited liability, and the language of that opinion is an illuminating guide here: "now, to construe the law in such a manner as to prevent the merchant from contracting with an insurance company for indemnity against the loss of his investment is contrary to the spirit of commercial jurisprudence. why should he not be allowed to purchase such an ..... the state, in the interest of the public, whose lives and limbs are exposed, to require that the owner in the contract indemnifying him against any recovery from him should stipulate with the insurance company that the indemnity by which he saves himself should certainly inure to the benefit of the person who thereafter is injured." merchants' mutual automobile liability ..... the liability, if any, of the petitioners on their policies in the direct actions could be determined. [ footnote 2/1 ] the business practice of purchasing marine protection and indemnity insurance, the type primarily involved here, to protect the shipowner against this contingency has long been recognized. see testimony of ira a. campbell for american steamship owners' association at hearings ..... had filed in the limitation proceeding pleadings challenging the shipowner's and charterer's right to limit their liability and asserting claims for damages. [ footnote 3 ] the protection and indemnity policy issued by the home insurance company contained the following clauses. "it is agreed that, if the assured, as shipowners, shall have become liable to pay, and shall have .....

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Dec 06 1954 (FN)

Watson Vs. Employers Liab. Assur. Corp., Ltd.

Court : US Supreme Court

Decided on : Dec-06-1954

..... , however, the court carefully noted that there might be future cases in which the terms of out-of-state contracts would be so repugnant to the vital interests of the forum state as to justify nonenforcement. hartford accident & indemnity co. v. delta & pine land co., supra, at 292 u. s. 150 . see also griffin v. mccoach, 313 u. s. 498 , and cases ..... . nevertheless, mississippi, the state of the forum, was not allowed to enlarge the obligations of a contract elsewhere validly consummated. our more recent cases have not made inroad on the governing consideration in the hartford indemnity case -- that the state which fixes the terms of insurance contracts has interests to be protected by the constitution no less important than has a state which ..... , at 281 u. s. 408 , note 5. the extraterritorial due process doctrine was again applied in hartford accident & indemnity co. v. delta & pine land co., 292 u. s. 143 . that case denied the power of mississippi to alter terms of an insurance contract made in tennessee. mississippi activities in connection with the policy were found to be so "slight" and so "casual ..... there cited. some contracts made locally, affecting nothing but local affairs, may well justify a denial to other states of power .....

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May 12 1954 (SC)

Kishan Lal and anr. Vs. Bhanwar Lal

Court : Supreme Court of India

Decided on : May-12-1954

Reported in : AIR1954SC500; [1955]1SCR439

..... carrying out the directions of the principle. the right to such indemnity is founded on the statutory provision contained in section 222 of the indian contract act which stands as follows : 'the employer of an agent is bound to indemnify him against the consequence ..... , which is an incident of the contract of agency, is not hit by the notification at all and is a matter which is entirely collateral to a forward ..... of 'kanmal kishenmal' and 'kanmal surajmal' respectively and their case is that between september and december, 1945, the defendant entered into several forward contracts for the purchase and sale of bullion through the plaintiffs' firm at indore. these transactions proved unprofitable to the defendant and except a small profit ..... purchase of bullion' the present suit is really not one to enforce any contract relating to purchase or sale of bullion which comes within the prohibition of this notification. it is a suit by an agent claiming indemnity against the principle, for the loss, which the agent had suffered, in ..... contract of purchase and sale, has been held by them as coming within the prohibition of the notification merely on the ground that payment, by the agent to the principal, of the profits of the transaction could be made or demanded at the place where the principal resides. in our opinion the right to indemnity .....

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Feb 01 1954 (FN)

Radio Officers Vs. Labor Board

Court : US Supreme Court

Decided on : Feb-01-1954

..... 347 u. s. 30 legalized the actions of the union in this case. [ footnote 24 ] but the board concluded, primarily from the last sentence of 6 of the contract, that the contract "was clear on its face, and did not provide for any hiring hall arrangement," and that it therefore was not improper for the trial examiner to exclude evidence that ..... member and nonmember employees, the employer could not, without violating 8(a)(3), discriminate in wages solely on the basis of such membership even though it had executed a contract with the union prescribing such action. statements throughout the legislative history of the national labor relations act emphasize that exclusive bargaining agents are powerless "to make agreements more favorable ..... [ footnote 33 ] and, in its business judgment, did not choose to do so. the board concluded that, since nothing in the supplementary agreement prohibited equal payment to nonunion employees, "the contract affords no defense to the allegation that the respondent engaged in disparate treatment of employees on the basis of union membership or lack of it . . . , [ footnote 34 ] and held ..... result was to encourage membership in the union. no threats or promises to the company were necessary. . . . whether the union's motive was, as it argues, to enforce the contract provisions against discharging satisfactory radio officers such as kozel is immaterial. . . . such conduct displayed to all nonmembers the union's power and the strong measure it was prepared to take .....

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Jun 07 1954 (FN)

Phillips Petroleum Co. Vs. Wisconsin

Court : US Supreme Court

Decided on : Jun-07-1954

..... central plant, form a closely knit unit that is entirely local to the field involved. after processing, the gas is immediately delivered to the interstate pipelines under long-term sales contracts. the commission found that, "[t]hough technically consummated in interstate commerce, these sales [by phillips to the pipelines] are made 'during the course of production and gathering,'" and that the .....

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Apr 05 1954 (FN)

Miller Brothers Co. Vs. Maryland

Court : US Supreme Court

Decided on : Apr-05-1954

..... e. r. co. v. missouri, 256 u. s. 314 , 256 u. s. 318 ; rowley v. chicago & northwestern r. co., 293 u. s. 102 ; james v. dravo contracting co., 302 u. s. 134 , 302 u. s. 138 -140; nippert v. richmond, 327 u. s. 416 , 327 u. s. 423 -424. the same principle applies to individuals ..... is frequently designated as a 60 or 90-day charge account. at no time within the past eight years has the defendant ever recorded its conditional sales contracts in maryland." "(c) the defendant has never repossessed by legal process any furniture or other merchandise for any customers in maryland or elsewhere within the ..... by the vendor through the medium of a catalog or other written advertisement; or" "(b) that the purchaser's order or contract of sale made or closed by acceptance or approval outside of this state or before said tangible personal property enters this state; or" "(c) that ..... the tax shall collect the tax imposed by the provision of this sub-title, notwithstanding the following:" "(a) that the purchaser's order or the contract of sale is delivered, mailed, or otherwise transmitted by the purchaser to the vendor at a point outside of this state as a result of solicitation ..... the purchaser's order or contract of sale provides that said property shall be, or it is in fact, procured or manufactured at a point outside of this state and shipped directly .....

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Mar 08 1954 (FN)

Longshoremen's Union Vs. Boyd

Court : US Supreme Court

Decided on : Mar-08-1954

..... in this country for no reason at all except that they went to alaska, territory of the united states, to engage in lawful work under a lawfully authorized collective bargaining contract. the defendant immigration officer announced that the union's interpretation was wrong, and that workers going to alaska would be subject to examination and exclusion. this is the controversy. it ..... an salmon canneries of alaska, that some of these are aliens, and that, if alien workers going to alaska for the 1953 canning season were excluded on their return, their "contract and property rights [would] be jeopardized and forfeited." the district court entertained the suit, but dismissed it on the merits. 111 f.supp. 802. in our order of october 12 .....

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Jun 07 1954 (FN)

United Workers Vs. Laburnum Corp.

Court : US Supreme Court

Decided on : Jun-07-1954

..... for pond creek.'" ". . . consequently, on august 4, the coal companies, because of the dispute in which the plaintiff had become involved with representatives of these labor organizations, canceled the construction contracts with laburnum which were then in progress." " * * * *" "after the violent events of july, 1949, pond creek pocahontas company and island creek coal company abandoned the award of the ..... more than $600,000, on the basis of cost plus a fee of five per cent." "on october 28, 1948, pond creek pocahontas company awarded the plaintiff a contract for construction of the preparation plant on the basis of cost plus a fee of five percent, the total fee, not to exceed the sum of $12,000. the estimated ..... , 1947 to december 1, 1949, the plaintiff performed work in west virginia and kentucky for pond creek pacohontas company, island creek coal company, and their subsidiary companies, under twelve separate contracts amounting to more than $650,000, from which it derived an annual profit slightly over $25,000. . . ." "in october, 1948, the two coal-producing companies determined to ..... law tort action for compensatory and punitive damages totaling $500,000. the notice contained substantially the following allegations: while respondent was performing construction work in breathitt county, kentucky, under contracts with pond creek pocahontas company and others, july page 347 u. s. 658 26-august 4, 1949, agents of the respective petitioners came there. they demanded that respondent's .....

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May 17 1954 (FN)

Brown Vs. Board of Education of Topeka

Court : US Supreme Court

Decided on : May-17-1954

brown v. board of education of topeka - 347 u.s. 483 (1954) u.s. supreme court brown v. board of education of topeka, 347 u.s. 483 (1954) brown v. board of education of topeka argued december 9, 1952 reargued december 8, 1953 decided may 17, 1954 * appeal from the united states district court for the district of kansas syllabus segregation of white and negro children in the public schools of a state solely on the basis of race, pursuant to state laws permitting or requiring such segregation, denies to negro children the equal protection of the laws guaranteed by the fourteenth amendment -- even though the physical facilities and other "tangible" factors of white and negro schools may be equal. pp. 347 u. s. 486 -496. (a) the history of the fourteenth amendment is inconclusive as to its intended effect on public education. pp. 347 u. s. 489 -490. (b) the question presented in these cases must be determined not on the basis of conditions existing when the fourteenth amendment was adopted, but in the light of the full development of public education and its present place in american life throughout the nation. pp. 347 u. s. 492 -493. (c) where a state has undertaken to provide an opportunity for an education in its public schools, such an opportunity is a right which must be made available to all on equal terms. p. 347 u. s. 493 . (d) segregation of children in public schools solely on the basis of race deprives children of the minority group of equal educational opportunities, .....

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Mar 08 1954 (FN)

United States Vs. Employing Plasterers Assn.

Court : US Supreme Court

Decided on : Mar-08-1954

..... business in the chicago area by slowdowns, fines on union labor, intimidation, and other means. assume that such tactics are effective to keep out-state contractors from seeking contracts in the chicago area. contracting to plaster a building in chicago by an out-state contractor is not commerce, even if the contractor did intend to bring his men from out-state, any ..... ., 317 u. s. 564 . but those cases arose under different statutes, the sweep of which is broader than that of 1 of the sherman act, which declares illegal only those contracts, combinations and conspiracies "in restraint of trade or commerce among the several states." the denver council case arose under the labor management relations act, which provides: "sec. 10. (a) the ..... . local union no. 3, 325 u. s. 797 . reversed. * 26 stat. 209, as amended by 50 stat. 693, 15 u.s.c. 1, so far as here relevant, reads: "every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several states, or with foreign nations, is declared to be illegal. . . ." the ..... contractors; (2) a local labor union of plasterers and their apprentices; (3) the union's president. these contractors and union members employed by them do approximately 60% of the plastering contracting business in the chicago area of illinois. materials used in the plastering, such as gypsum, lath, cement, lime, etc., are furnished by the contractors. substantial quantities of this material are .....

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