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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1955 Page 1 of about 16 results (0.120 seconds)

May 16 1955 (FN)

Boston Metals Co. Vs. the Winding Gulf

Court : US Supreme Court

Decided on : May-16-1955

..... against the owner of the tow by virtue of this clause? the district court refused to allow the third party to invoke the indemnity clause, but apparently held that the contract made the faults of the tug attributable to page 349 u. s. 126 the tow, imposing a vicarious liability upon its owner. ..... against an absent third party exists, and the situation is not different because the absent third party in turn would, if held liable, be entitled to indemnity from the libellant. [ footnote 1 ] 72 f.supp. 50. respondent contends that, in fact, the district court held that the owners of the ..... here involved. but a promise to indemnify is a promise running to the indemnitee, here the tug, and is not ordinarily construed as a contract for the benefit of third parties. nor does an agreement to hold another harmless against claims of third parties, if it conveys anything more than ..... the clarity of the language used expresses such to be the understanding of the contracting parties. even when such a clause undeniably alters the normal relationship between tug and tow as to some aspects of liability for negligence, it ..... part in the consideration or decision of this case. mr. justice frankfurter, concurring. "release from liability" clauses generally, and specifically with regard to towage contracts, are not to be applied to alter familiar rules visiting liability upon a tortfeasor for page 349 u. s. 124 the consequences of his negligence unless .....

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Jun 06 1955 (FN)

Carroll Vs. Lanza

Court : US Supreme Court

Decided on : Jun-06-1955

..... only contact of the forum was that it was the place of injury. bradford electric light co. v. clapper, supra. conversely, the court held that the place of contract could award compensation though the injury occurred elsewhere. alaska packers association v. industrial accident commission, supra. subsequently, the court held that the forum could prevail, even though the ..... to give an exclusive remedy, even for injuries incurred beyond its borders. but california also had a compensation act which undertook to fix liability on employers, irrespective of any contract, rule, or regulation, a provision which the california courts strictly enforced. the court therefore held that the exclusive nature of the massachusetts act was "obnoxious" to the policy ..... the employee automatically received 34 weekly payments hr the injury under the missouri compensation act, which provides exclusive remedies for injuries received inside or outside the state under employment contracts made in missouri, even as against the general contractor, but there was no final award under that act. the arkansas workmen's compensation act provides an exclusive remedy ..... that the missouri compensation act is not the exclusive remedy against the prime contractor when his contract with the subcontractor is made outside missouri. no such suggestion is made by any of the parties to this litigation. [ footnote 2 ] hogan and his indemnity company, intervenors, were granted a lien on the judgment in favor of carroll for the .....

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Oct 04 1955 (SC)

Jugal Kishore Rameshwardas Vs. Mrs. Goolbai Hormusji

Court : Supreme Court of India

Decided on : Oct-04-1955

Reported in : AIR1955SC812; (1956)58BOMLR486; [1955]2SCR857

..... remuneration in any form for having brought about the contract. but the contract of employment is not itself declared void, and a claim for indemnity will not be within the prohibition. the question whether contract notes sent by brokers to their constituents are contracts for the sale and purchase of securities within ..... the court below, that the arbitration proceedings are not incompetent and that the award made therein is not void on the ground that the contracts containing the agreement are void. 14. the respondent contested the validity of the award on several other grounds. they were rejected by the ..... depend entirely on the construction of the rules. 13. the relevant rules are nos. 359 to 363. rule 359 provides that 'contracts other than ready delivery contracts shall not be made or transacted within or without the ring'. rule 361 confers on the board power to specify which securities shall ..... to writing and the agreement of the parties thereto is established. though the respondent alleged in her petition that she had not accepted the contract notes, exhibit a, she raised no contention based thereon either before the city civil judge or before the high court, and even in ..... '. 3. the association gave notice of arbitration to the respondent, and called upon her to nominate her arbitrator, to which she replied that the contract notes were void, and that in consequence, no arbitration proceedings could be taken thereunder. the arbitrators, however, fixed a day for the hearing of .....

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Mar 28 1955 (FN)

Employees Vs. Westinghouse Elec. Co.

Court : US Supreme Court

Decided on : Mar-28-1955

..... bill without 10, asserting that, as it passed the house, the section was "based upon a misapprehension as to the legal responsibility of the parties under such contracts," that such contracts "are at present legally enforceable in the courts," and that to promote litigation concerning them would be undesirable. [ footnote 8 ] senators ball, taft, and h ..... . alexander smith filed a minority report conceding that collective agreements "theoretically are legally enforceable contracts," but contending that action was necessary to overcome practical obstacles to enforcement arising from the status of unions as unincorporated associations. they proposed a differently worded section, later ..... of the act indicates that substantive federal law was to guide the determination of the contractual rights and liabilities that are to flow from a collective bargaining contract. section 302 contains a highly specialized restriction on the legality of employers' agreements to make payments to employee representatives. section 303 provides a federal right to ..... "the adjustment of grievances, page 348 u. s. 467 viewed in the larger aspect, constitutes, to a great degree, the actual administration of a collective bargaining contract." the administration of the collective agreement is its life and meaning. the adjustment and settlement of grievances, the development of an administrative practice concerning the collective agreement, give .....

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May 16 1955 (FN)

Bisso Vs. Inland Waterways Corp.

Court : US Supreme Court

Decided on : May-16-1955

..... limitations in the field of private towage. this court has not, to be sure, in every instance awaited congressional action before imposing views of public policy upon contracting parties. but it has limited its interference in the field of transportation to relationships between common carriers and their customers, concededly not the relationship before us. ..... by throwing together indiscriminately decision and dicta, cases involving common carriers and private carriers, cases involving monopolistic or otherwise patently unequal bargaining power and cases arising under contracts between parties bargaining at arm's length. it is essential, in examining these cases, to differentiate sharply between construction and validity. since negligence is the ordinary ..... this contention, but we think stronger arguments can be made against it. the steamer syracuse was decided in an era of manifest judicial hostility toward "release from negligence" contracts, particularly those made by businesses dealing widely with the public and having potential monopolistic powers. [ footnote 9 ] that hostility caused this court, two years later, ..... the judicially created admiralty law. federal courts have disagreed as to whether page 349 u. s. 86 there is or should be a judicial rule invalidating such contracts. calling attention to this uncertainty, the district court, sitting in admiralty, sustained a contractual provision exempting respondent towboat owner from liability for negligence and entered judgment .....

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Feb 07 1955 (FN)

United States Vs. Guy W. Capps., Inc.

Court : US Supreme Court

Decided on : Feb-07-1955

..... exporters who could give evidence that they had firm orders from legitimate united states users of canadian seed potatoes. canadian exporters would also be required to have included in any contract into which they might enter with a united states seed potato importer a clause in which the importer would give an assurance that the potatoes would not be diverted or ..... assurance." the court of appeals disagreed with the district court on the above points. [ footnote 3 ] however, it affirmed the judgment on the ground that the international agreement which the contract between respondent and the exporter sought to carry out was void. the court regarded it as not authorized by congress, and as contravening the provision for procedure through the tariff ..... . permits were to be granted only to exporters having firm orders from legitimate united states users of canadian seed potatoes, and those exporters were "to have included in any contract into which they might enter with a united states seed potato importer a clause in which the importer would give an assurance that the potatoes would not be diverted or ..... they would not be diverted or reconsigned for table stock purposes. in importing seed potatoes from canada, respondent gave such assurance to the exporter. claiming that such assurance constituted a contract made for its benefit, and that respondent had violated it by selling such potatoes for table stock purposes, the united states sued respondent for damages alleged to have resulted from .....

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May 16 1955 (FN)

Society for Savings Vs. Bowers

Court : US Supreme Court

Decided on : May-16-1955

society for savings v. bowers - 349 u.s. 143 (1955) u.s. supreme court society for savings v. bowers, 349 u.s. 143 (1955) society for savings v. bowers argued march 28, 1955 decided may 16, 1955 * 349 u.s. 143 appeal from the supreme court of ohio syllabus ohio assessed a property tax against a mutual savings bank and a federal savings and loan association in their own names. the tax was measured by the amount of each bank's capital, surplus or reserve and undivided profits, without deduction of the value of obligations of the federal government owned by it. neither bank had any capital stock or shareholders, each was owned by its depositors, and there was no provision for reimbursement of the bank by its depositors for the tax. held: the tax is void as a tax upon obligations of the federal government. pp. 349 u. s. 144 -155. (a) in determining the validity of the tax under federal law, this court is not bound by the conclusion of the supreme court of ohio that the tax is imposed on the depositors, rather than on the banks. p. 349 u. s. 151 . (b) in the circumstances of this case, the tax must be regarded for federal purposes as one imposed on the banks, rather than on the depositors. pp. 349 u. s. 151 -154. (c) without provisions protecting the banks against the burdens of the tax, it cannot be assumed that the operation of the tax statute will not infringe on the immunity of the federal obligations held by them. p. 349 u. s. 154 . 161 ohio st. 122, 118 n. e. 2d 651, and .....

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Apr 04 1955 (FN)

Clothing Workers Vs. Richman Brothers Co.

Court : US Supreme Court

Decided on : Apr-04-1955

..... 2283. [ footnote 2/4 ] contrary to the suggestion of the majority opinion, 2283 is not broader in scope than its predecessor, 265. indeed, the express purpose of 2283 was to contract -- not expand -- the prohibition of 265. the revisers stated that "an exception as to acts of congress relating to bankruptcy was omitted, and the general exception substituted to cover all .....

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Nov 07 1955 (FN)

Corn Products Refining Co. Vs. Commissioner

Court : US Supreme Court

Decided on : Nov-07-1955

..... ,000 bags of corn sugar, delivery to be made several months in the future. also, members of the canning industry in the pacific coast had contracts to purchase corn sugar for delivery in more than thirty days. [ footnote 5 ] the dispositions of the corn futures during the period in dispute ..... revenue code of 1939, or do the resulting gains and losses from such transactions give rise to ordinary income and ordinary deductions?" "2. are commodity futures contracts 'securities,' and thus subject to the 'wash sales' provisions of section 118 of the internal revenue code of 1939?" [ footnote 3 ] makransky's estate ..... terms of some multiple of five thousand bushels to be delivered eleven months or less after the contract. cf. hoffman, future trading (1932) 118. [ footnote 2 ] the grant was limited to the following two questions: "1. are transactions in commodity ..... is affirmed. mr. justice harlan took no part in the consideration or decision of this case. [ footnote 1 ] a commodity future is a contract to purchase some fixed amount of a commodity at a future date for a fixed price. corn futures, involved in the present case, are in ..... sums for additional storage facilities. at harvest time each year, it would buy futures when the price appeared favorable. it would take delivery on such contracts as it found necessary to its manufacturing operations, and sell the remainder in early summer if no shortage was imminent. page 350 u. s. 49 .....

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Feb 28 1955 (FN)

Wilburn Boat Co. Vs. Fireman's Fund Ins. Co.

Court : US Supreme Court

Decided on : Feb-28-1955

..... states to regulate marine insurance was reaffirmed in nutting v. massachusetts, 183 u. s. 553 . this constitutional doctrine carrying implications of exclusive state power to regulate all types of insurance contracts remained until 1944, when this court decided united states v. southeastern underwriters assn., 322 u. s. 533 . thus, it is clear that, at least until 1944, this ..... power. three years later, it was first authoritatively decided in new england mutual marine insurance co. v. dunham, supra, that federal courts could exercise "jurisdiction" over marine insurance contracts. in 1894, years after the dunham holding, this court applied the doctrine of paul v. virginia, and held that states could regulate marine insurance the same as any other ..... must be used solely for private pleasure purposes. [ footnote 1 ] the case was submitted on stipulated facts supplemented by oral testimony. contending that the evidence showed the policy contract to have been made and delivered in texas, petitioners urged that all questions concerning page 348 u. s. 312 alleged policy breaches were controlled by texas law. if texas ..... . s. 311 mr. justice black delivered the opinion of the court. this case raises questions concerning the power of states to regulate the terms and conditions of marine insurance contracts. glenn, frank and henry wilburn, merchants in denison, texas, bought a small houseboat to use for commercial carriage of passengers on nearby lake texoma, an artificial inland lake .....

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