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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1958 Page 1 of about 37 results (0.086 seconds)

Mar 03 1958 (FN)

Weyerhaeuser S.S. Co. Vs. Nacirema Operating Co., Inc.

Court : US Supreme Court

Decided on : Mar-03-1958

..... issues of fact should have been submitted to the jury. we agree with petitioner on this point. petitioner's claim for indemnity primarily rests on the contractual relationship between it and respondent. while the stevedoring contract contained no express indemnity clause, [ footnote 1 ] it obligated respondent "to faithfully furnish such stevedoring services as may be required," and to ..... .2d 329, 331. if, in that regard, respondent rendered a substandard performance [ footnote 5 ] which led to foreseeable liability of petitioner, the latter was entitled to indemnity absent conduct on its part sufficient to preclude recovery. the evidence bearing on these issues -- petitioner's action in making the shelter on its ship available to respondent's ..... employed by respondent was injured while unloading petitioner's vessel. when the longshoreman sued petitioner on claims of negligence and unseaworthiness, petitioner impleaded respondent, claiming a right to indemnity for any damages the longshoreman might recover. the main case, involving the longshoreman's claims, was submitted to the jury, which found for the longshoreman on the ..... u. s. 567 . (b) if, in that regard, the stevedoring company rendered a substandard performance which led to foreseeable liability of the shipowner, the latter was entitled to indemnity, absent conduct on its part sufficient to preclude recovery. p. 355 u. s. 567 . (c) the evidence bearing on these issues was for jury consideration under appropriate instructions, .....

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Mar 19 1958 (SC)

Express Newspapers (Private) Ltd. and anr. Vs. the Union of India (Uoi ...

Court : Supreme Court of India

Decided on : Mar-19-1958

Reported in : AIR1958SC578; (1961)ILLJ339SC; (1964)ILLJ9SC; [1959]1SCR12

..... reputation or, in a general way, his moral interests, he may demand his instant release. in these circumstances he shall be entitled to an indemnity.... this indemnity is payable in the same manner as was the salary.' 267. the other exception is where the employee has been in continuous service of the ..... of a year of service, at the most recent rate of pay. however, if the period of service exceeds 15 years, the amount of the indemnity is fixed, as we have seen, by an arbitral committee.' 280. the working journalists are thus a group by themselves and could be classified ..... least one year, and five weeks to journalists whose contract has been in force for 10 years at least. should a contract of indefinite duration be terminated, the journalist is entitled to one or two month's notice and also to an indemnity for dismissal which may not be less than one month ..... is seriously threatened, he may break the contract binding him to the newspaper concern, and at the same time receive all the indemnities which are normally payable only if it is the employer who breaks the contract. in france, accordingly, under the law of 1935, the indemnity for dismissal which, as we have seen, ..... may be quite substantial, is payable even when the contract is broken by a professional journalist, .....

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Mar 03 1958 (FN)

Andrew G. Nelson, Inc. Vs. United States

Court : US Supreme Court

Decided on : Mar-03-1958

..... and food business houses"); onondaga freight corp. common carrier application, 28 m.c.c. 53 ("such merchandise as is dealt in by retail food stores"); keystone transportation co. contract carrier application, 19 m.c.c. 475 ("such merchandise as is dealt in by wholesale, retail, and chain grocery and food business houses"). [ footnote 10 ] contrast the ..... and equipment and merchandise for the opening stock." filed with the affidavit were 17 delivery receipts showing contract carriage for walgreen in 1934-1935. on march 13, 1942, the commission issued the permit in controversy without a hearing, relying on the application and supporting papers filed by ..... merchandise, and household goods of employes, for walgreen co., in connection with the opening, closing and remodeling of stores." in a supporting affidavit, nelson stated that he was "an interstate contract carrier of property for the walgreen company, and for it alone . . . , to and from walgreen retail stores . . . , the commodities so transported [being] usually store fixtures ..... district court for the northern district of illinois syllabus under the "grandfather clause" of 209(a) of the motor carrier act of 1935, the interstate commerce commission granted contract carrier permits to appellant and its predecessor. subsequently, after a hearing, the commission interpreted "stock in trade of drug stores," a commodity description in appellant's permit, .....

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Jun 23 1958 (FN)

ivanhoe Irrigation Dist. Vs. Mccracken

Court : US Supreme Court

Decided on : Jun-23-1958

..... supply expenditures allocated to irrigation, "no construction component shall be included in any charges made for the furnishing of water. . . ." the act also permits renewal of the contract on terms that will reflect any "increases or decreases in construction, operation, and maintenance costs and improvement or deterioration in the (district's) repayment capacity." in addition, ..... underground sources. moreover, if they designate which of their holdings shall be considered nonexcess, the district would furnish water to that land under the terms provided in the contracts. the repayment provisions as to the "distribution systems" require liquidation of the maximum stated expenditure of the united states by installments spread over 40 years, without interest ..... "shall proceed in conformity with such laws. . . ." the california court held that this provision required the application of california law, and, finding the provisions of the contracts contrary thereto, it refused confirmation. the water districts and agency involved, joined by the state of california, appealed, and we postponed the question of jurisdiction to the merits. ..... providing, inter alia, for the repayment to the united states of funds expended on the construction of reclamation works, and authorizing the secretary of the interior to make contracts to furnish reclamation water at appropriate rates for irrigation. the opinion of the supreme court of california turned on an interpretation of a third provision, 8 of the .....

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Dec 08 1958 (FN)

United Gas Pipe Line Co. Vs. Memphis Gas Div.

Court : US Supreme Court

Decided on : Dec-08-1958

..... itself to ascertain whether rates to various customers were unduly discriminatory or otherwise unreasonable. the commission therefore proposed regulations requiring the conversion of rate contracts into a "tariff and service agreement" system, and these regulations were promulgated in october, 1948, as order no. 144. under the tariff and service agreement system, the ..... thirty-third annual report (1953) at 99. [ footnote 8 ] when the natural gas act became law in 1938, natural gas companies were permitted to file their existing sales contracts as rate schedules under 4(c). schedules in this form were extremely lengthy, unwieldy, and otherwise unsatisfactory in that it was most difficult for customers, competitors, and the commission ..... procedures specified by the act, rights expressly reserved to it by contract. mobile makes it plain that " 4(d), on its face, indicates no more than that otherwise valid changes cannot be put into effect without giving the required notice ..... upon by the seller and buyer. [ footnote 7 ] the important and indeed decisive difference between this case and mobile is that, in mobile, one party to a contract was asserting that the natural gas act somehow gave it the right unilaterally to abrogate its contractual undertaking, whereas, here, petitioner seeks simply to assert, in accordance with the .....

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May 19 1958 (FN)

Fmb Vs. Isbrandtsen Co., Inc.

Court : US Supreme Court

Decided on : May-19-1958

..... liable to pay "additional freight on all commodities theretofore shipped with such carriers for a period not exceeding twelve months immediately preceding the date of such shipment at the non-contract rate or rates . . . ." id. at 18. such an accumulation of potential liability was much more likely to result in "continual dependence" on the conference than ..... been afraid to bring to the legislators' attention. nor is there any merit to the suggestion that, if congress made "deferred rebates" unlawful, the practice of dual rate contract -- although not specifically prohibited -- should also be unlawful, because it has "the same objectionable purpose and effect." this mode of approach is a judicial utilization of the ..... by mr. alexander. the bill added a "fourth" to the prohibitions against deferred page 356 u. s. 510 rebates, fighting ships, and retaliation: unfair or unjustly discriminatory contracts with or treatment of shippers under specified circumstances; the standard ("discriminating and unfair") in the provision empowering the board to cancel or modify agreements became "unjustly discriminatory and unfair." ..... because such shipper has patronized any other carrier or has filed a complaint charging unfair treatment, or for any other reason." "fourth. make any unfair or unjustly discriminatory contract with any shipper based on the volume of freight offered, or unfairly treat or unjustly discriminate against any shipper in the matter of (a) cargo space accommodations or .....

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May 05 1958 (FN)

Labor Board Vs. Borg-warner Corp.

Court : US Supreme Court

Decided on : May-05-1958

..... its results. the employer's duty to bargain with the representatives includes not merely the obligation to confer in good faith, but also " . . . the execution of a written contract incorporating any agreement reached if requested . . . " by the employees' representatives. 8(d). i think it hardly debatable that this language must be read to require the company, ..... process should be left fluid, page 356 u. s. 359 free from intervention of the board leading to premature crystalization of labor agreements into any one pattern of contract provisions, so that these agreements can be adapted through collective bargaining to the changing needs of our society and to the changing concepts of the responsibilities of labor ..... the substantive scope of the bargaining process insofar as lawful demands of the parties were concerned. nevertheless, the board engaged occasionally in the practice of determining that certain contract terms urged by unions were conditions of employment, and thereby imposing on employers an affirmative duty to bargain as to such terms rather than insist upon their unilateral ..... clause comes within that definition. therefore, we sustain the board's order directing the employer to cease insisting upon either clause as a condition precedent to accepting any collective bargaining contract. late in 1952, the international union, united automobile, aircraft and agricultural implement workers of america, cio (here called international) was certified by the board to the wooster .....

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Mar 03 1958 (FN)

Public Utilities Comm'n of California Vs. United States

Court : US Supreme Court

Decided on : Mar-03-1958

..... regulation. e.g., penn dairies, supra, at 318 u. s. 269 ,; alabama v. king & boozer, 314 u. s. 1 ; james v. dravo contracting co., 302 u. s. 134 . in penn dairies, the court upheld a pennsylvania law setting minimum prices for milk as applied to a dealer selling milk in ..... the navy, who submitted the draft of this bill: "the primary purpose of the bill is to permit the war and navy departments to award contracts by negotiation when the national defense or sound business judgment dictates the use of negotiation rather than the rigid limitations of formal advertising, bid, and award ..... operate to the best interests of the government. it is therefore intended that this section should be construed liberally, and that the review of these contracts should be confined to the validity and legality of the action taken, and should not extend to reversal of bona fide determinations of impracticability where ..... ." s.rep. no. 571, 80th cong., 1st sess., p. 8. the senate report goes on to state: "the experiences of the war and contracts negotiated since the war in the fields of stevedoring, ship repairs, chartering of vessels, where prices are set by law or regulation, or where there is ..... a united states officer were to negotiate with a carrier for 'reduced rates' without permitting the defendant to determine whether it 'considered' the conditions of the contract 'just and reasonable', he could be thrown into the county jail." 141 f.supp. at 186. the commission has plainly indicated an intent to enforce .....

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Jan 20 1958 (FN)

Nashville Milk Co. Vs. Carnation Co.

Court : US Supreme Court

Decided on : Jan-20-1958

..... , or eliminating a competitor in such part of the united states, or, to sell, or contract to sell, goods at unreasonably low prices for the purpose of destroying competition or eliminating a competitor." "any person violating any of the provisions of this section shall, upon conviction ..... , or advertising service charge available at the time of such transaction to said competitors in respect of a sale of goods of like grade, quality, and quantity; to sell, or contract to sell, goods in any part of the united states at prices lower than those exacted by said person elsewhere in the united states for the purpose of destroying competition ..... provides: "it shall be unlawful for any person engaged in commerce, in the course of such commerce, to be a party to, or assist in, any transaction of sale, or contract to sell, which discriminates to his knowledge against competitors of the purchaser in that any discount, rebate, allowance, or advertising service charge is granted to the purchaser over and above .....

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May 26 1958 (FN)

Automobile Workers Vs. Russell

Court : US Supreme Court

Decided on : May-26-1958

..... continued relations may be expected between the parties to this litigation. the defendant in laburnum, on the other hand, was a total stranger to the employer's collective bargaining contract, and could claim the membership of not a single worker. there was no prospect of a continuing relationship between the parties to the suit, and no need for concern ..... subjected to a course of threats and intimidation until they were afraid to proceed with their work. as a consequence, the employer was compelled to discontinue his work on the contract, and it was lost. the employer sued the united construction workers for the profits lost by this interference, recovering compensatory and punitive damages. [ footnote 2/14 ] this court affirmed ..... stranger union for damages for interference with contractual relations. while engaged in construction work on certain mining properties, the plaintiff employer had used afl laborers pursuant to its collective bargaining contract. a field representative of the united construction workers, an affiliate of the united mine workers, informed plaintiff's foreman that he was working in "mine workers territory," and demanded ..... violence, demanded recognition to which it was not entitled. in that manner, the union prevented the employer from using its regular employees and forced it to abandon a construction contract with a consequent loss of profits. the employer filed a tort action in a virginia court and received a judgment for about $30,000 page 356 u. s. 641 .....

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