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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1956 Page 1 of about 19 results (0.065 seconds)

Jan 09 1956 (FN)

Ryan Stevedoring Co., Inc. Vs. Pan-atlantic Corp.

Court : US Supreme Court

Decided on : Jan-09-1956

..... footnote 1 ] precludes a shipowner from asserting such a liability. 2. the second is whether the liability exists where a contractor, without entering into an express agreement of indemnity, contracts to perform a shipowner's stevedoring operations and the longshoreman's injuries are caused by the contractor's unsafe stowage of the ship's cargo. for the reasons hereafter stated ..... the ss. canton page 350 u. s. 126 victory in the american coastwise trade under a bareboat charter. as evidenced by letters, but without a formal stevedoring contract or an express indemnity agreement, respondent secured, for that year, the agreement of petitioner, ryan stevedoring co., inc., an alabama corporation, to perform all stevedoring operations required by respondent in its ..... rehearing granted, may 16,1955 reargued october 11-12, 1955 decided january 9, 1956 350 u.s. 124 on rehearing syllabus without signing a formal stevedoring contract or an express indemnity agreement, a stevedoring contractor agreed to perform all stevedoring operations required by a shipowner in the latter's coastwise service. under this agreement, the contractor loaded a ..... harmless or to indemnify the shipowner against liability for injuries to petitioner's employees caused by the shipowner's negligence in whole or in part, the contract would have been valid and indemnity could have been obtained. for the longshoremen's act does not forbid employers under it to make independent agreements to indemnify others. but i think .....

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May 28 1956 (FN)

Commissioner Vs. Lobue

Court : US Supreme Court

Decided on : May-28-1956

..... . s. 177 , 324 u. s. 695 , does not require an opposite result. in that case, smith's employer, western, had undertaken the management of a reorganized corporation, hawley, under a contract by which western was to receive as compensation for its managerial services a specified amount of stock in hawley if it was successful in reducing hawley's indebtedness by a ..... , gave smith, who was active in the hawley reorganization, an option to buy at the then-existing market price, a fixed share of any hawley stock received under the management contract. the management contract was successfully performed, and a part of the hawley stock received by western -- the value of which was, of course, substantially enhanced by the performance of the ..... the gain that would accrue to smith upon the successful performance of the management contract was intended as "compensation" to him for his services was no doubt amply justified. but, as the court expressly stated in upholding that finding: "it, of course, does not follow ..... contract -- was sold to smith at the option price. under the peculiar facts of that case -- more analogous to an assignment to an employee of a share in the anticipated proceeds of a contract than to the usual employee stock option plan -- the tax court's finding that .....

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Jan 09 1956 (FN)

Rex Trailer Co., Inc. Vs. United States

Court : US Supreme Court

Decided on : Jan-09-1956

..... and not penal, since it was unable to say that the provision for $2,000 plus double damages would "do more than afford the government complete indemnity for the injuries done it." 317 u.s. at 317 u. s. 549 . in concluding, it recognized that "[t]he inherent difficulty of ..... -412, liquidated damages "serve a particularly useful function when damages are uncertain in nature or amount or are unmeasurable, as is the case in many government contracts. . . ." and the fact that no damages are shown is not fatal. section 26(b)(1) merely accomplishes the intended result of congress by authorizing ..... . ." 32 stat. 326, 40 u.s.c. 269. liquidated damage provisions, when reasonable, are not to be regarded as penalties, united states v. united engineering & contracting co., 234 u. s. 236 , 234 u. s. 241 , and are therefore civil in nature. in 26 of the surplus property act, congress has provided three ..... , 11 how. 229. liquidated damages are a well known remedy, and in fact congress has utilized this form of recovery in numerous situations. in all building contracts, for example, congress has required the insertion of a liquidated damage clause which "shall be conclusive and binding upon all parties" without proof of "actual or ..... u. s. 391 , 303 u. s. 399 . we conclude that the recovery here is civil in nature. the government has the right to make contracts and hold and dispose of property, and, for the protection of its property rights, it may resort to the same remedies as a private person. cotton v .....

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Jan 30 1956 (FN)

Steiner Vs. Mitchell

Court : US Supreme Court

Decided on : Jan-30-1956

..... "mr. cooper. . . . before the enactment of the fair labor standards act, an employee might have worked upon a lathe under a contract, and his contract may have provided that his pay should commence at a scheduled hour, say at 7 o'clock when the lathe began to run, and he ..... at the time of such activity at the establishment or other place where such employee was employed, covering such activity, not inconsistent with a written or nonwritten contract, in effect at the time of such activity, between such employee, his agent, or collective bargaining representative and his employer. . . ." 61 stat. ..... time of such activity at the establishment or other place where such employee is employed, covering such activity, not inconsistent with a written or nonwritten contract, in effect at the time of such activity, between such employee, his agent, or collective-bargaining representative and his employer." 61 stat. 86, ..... , the employer shall not be so relieved if such activity is compensable by either -- " "(1) an express provision of a written or nonwritten contract in effect at the time of such activity, between such employee, his agent, or collective bargaining representative and his employer; or" "(2) a ..... ' employees, and petitioners' insurance doctor recommended that such employees be segregated from their customary duties. the primary ways in which lead poisoning is contracted are by inhalation and ingestion, e.g., by taking in particles through the nose or mouth, an open cut or sore, or any .....

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Jun 11 1956 (FN)

United States Vs. Mckesson and Robbins, Inc.

Court : US Supreme Court

Decided on : Jun-11-1956

..... the miller-tydings act, the statutory exemption was qualified by an important proviso. this stated: "(5) nothing contained in paragraph (2) of this subsection shall make lawful contracts or agreements providing for the establishment or maintenance of minimum or stipulated resale prices on any commodity referred to in paragraph (2) of this subsection, between manufacturers, or ..... since the language of the proviso in question is unambiguous. [ footnote 19 ] it excludes from the exemption from the per se rule of illegality resale price maintenance contracts between firms competing on the same functional level. both the government and appellee press upon us economic arguments which could reasonably have caused congress to support their respective positions. ..... legal if done between an independent wholesaler and a competing wholesaler who is also the manufacturer of the brand product. this is so, appellee maintains, because, in contracting with independent wholesalers, it acted solely as a manufacturer selling to buyers, rather than as a competitor of these buyers. but the statutes provide no basis for sanctioning ..... moved for summary judgment on the ground that these acts do not immunize mckesson's agreements with other wholesalers, since they expressly exclude from their exemption from the antitrust laws contracts "between wholesalers" or "between persons, firms, or corporations in competition with each other." the district judge denied the motion. [ footnote 4 ] he recognized that price .....

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Feb 27 1956 (FN)

Mastro Plastics Corp. Vs. Labor Board

Court : US Supreme Court

Decided on : Feb-27-1956

..... it is proposed to make such termination or modification;" "(2) offers to meet and confer with the other party for the purpose of negotiating a new contract or a contract containing the proposed modifications;" "(3) notifies the federal mediation and conciliation service within thirty days after such notice of the existence of a dispute, and ..... the representation proceeding initiated before the board by the warehouse workers. meanwhile, the carpenters had written petitioners on october 10, stating that they wished to negotiate a new contract to take effect upon the expiration of the current agreement. the letter made specific demands, and, bargaining over them followed. when the petitioners' organizational activities became ..... the employers and their employees and to that end accomplish fair and peaceful adjustments which may arise without interruption of the employers' businesses. . . ." the balance of the contract relates to: (1) limitation of employment to union members in good standing; definitions of exempt employees and union shop; (2) availability of arbitration, under 19, in ..... request, and neither ciccone nor any of the other 76 striking employees has been reinstated." while the strike against petitioners' unfair labor practices continued, the collective bargaining contract between petitioners and the carpenters approached its expiration date of november 30, 1950, and, apart from the above-described organizational controversy, the carpenters had taken timely steps .....

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Feb 27 1956 (FN)

United Gas Pipe Line Co. Vs. Mobile Gas Svc. Corp.

Court : US Supreme Court

Decided on : Feb-27-1956

..... . s. 333 (g) the new schedule filed by the natural gas company in this case was a nullity insofar as it purported to change the rate set by its contract, and the contract rate remained the only lawful rate. p. 350 u. s. 347 . (h) under its general power to issue order "necessary or appropriate to carry out the provisions ..... all rates and charges for any transportation or sale subject to the jurisdiction of the commission, and the classifications, practices, and regulations affecting such rates and charges, together with all contracts which in any manner affect or relate to such rates, charges, classifications, and services." "(d) unless the commission otherwise orders, no change shall be made by any natural gas ..... district of columbia and third circuits, have concluded that neither the natural gas act [ footnote 5 ] nor the virtually identical provisions of the federal power act [ footnote 6 ] authorize unilateral contract changes. [ footnote 7 ] the court of appeals for the fifth circuit, however, although distinguishing its decision on a procedural ground, has indicated a contrary conclusion. [ footnote 8 ] the ..... interstate commerce act, which in effect precludes private rate agreements by its requirement that the rates to all shippers be uniform, a requirement which made unnecessary any provision for filing contracts. see armour packing co. v. united states, 209 u. s. 56 . the commission, in its brief, recognizes this basic difference between the two acts, and notes the differing .....

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Jun 11 1956 (FN)

United States Vs. E. I. Du Pont De Nemours and Co.

Court : US Supreme Court

Decided on : Jun-11-1956

..... , 221 u. s. 58 -62. it was based on the generality of 1 and 2 of the sherman act, which were said to be "broad enough to embrace every conceivable contract or combination which could be made concerning trade or commerce" and therefore required a "standard." the standard of reason, drawn from the common law, was adopted. see adams, the "rule ..... relating to regenerated cellulose film. in order that our position may be clearly and frankly established, we desire to record with you our conclusions." "based upon the provisions of the contracts, and in the light of legal developments in this country, we construe these agreements as imposing no restrictions upon the sale of regenerated cellulose film in any country in which ..... to our appendices ( post, p. 351 u. s. 405 et seq. ), are to the federal supplement. we noted probable jurisdiction october 14, 1954, 348 u.s. 806. [ footnote 2 ] "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. . . ." 15 ..... a proper interpretation of the sherman act in 1911, with a strong, clear-cut dissent challenging its soundness on the ground that the specific words of the act covered every contract that tended to restrain or monopolize. [ footnote 8 ] this court has not receded from its position on the rule. [ footnote 9 ] there is not, we think, any inconsistency between it .....

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Jun 11 1956 (FN)

Reid Vs. Covert

Court : US Supreme Court

Decided on : Jun-11-1956

..... of civilians in time of peace. all subjects were tried alike by the same civil courts, so, "if a life-guardsman deserted he could only be sued for breach of contract, and if he struck his officer, he was only liable to an indictment or an action of battery." 2 campbell, lives of the chief justices (1st ed. 1849), 91. in ..... to include the raising or constituting, and the governing nolens volens, in time of peace, as a part of the army, of a class of persons who are under no contract for military service, . . . who render no military service, perform no military duty, receive no military pay, but are and remain civilians in every sense and for every capacity. . . . in the ..... the land and naval forces. it was on a similar theory that congress once went to the extreme of subjecting persons who made contracts with the military to court-martial jurisdiction with respect to frauds related to such contracts. [ footnote 39 ] in the only judicial test, a circuit court held that the legislation was patently unconstitutional. ex parte henderson, 11 fed.cas .....

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Nov 19 1956 (FN)

United States Vs. Bergh

Court : US Supreme Court

Decided on : Nov-19-1956

..... of the 1885 resolution is not prohibited after 1938. accordingly, it would be consistent with that case to uphold the court of claims in the instant case. the collective bargaining contract in the kelly case was declaratory of, not contrary to, the policy of the 1885 resolution. for the foregoing reasons, the judgment of the court of claims should be affirmed ..... to keep its wages and working conditions in step with those in private enterprise. it is completely unthinkable that the owner of a printing shop could, by practice, or by contract, maintain the policy as to holiday pay which the government here seeks to attribute to congress. such an employer might, and many employers did, in 1938 have a policy of ..... the act of june 7, 1924, 43 stat. 658. this act, though amended, remained in effect as to the provisions involved here at the time of kelly's claim. the contract kelly sued on was entered into by the government under this act. we said the problem was "whether the [1938] resolution somehow precludes the awarding of the gratuity pay which ..... for holidays not worked. if the holiday was worked, it was paid for. some such employers then, and most of them now [1951] have contracts with their employees providing for paid holidays, but, in all such contracts, there is a provision that, if the holiday is in fact worked, it will be paid for again, usually at premium pay, and in addition .....

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