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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1959 Page 1 of about 38 results (0.341 seconds)

Mar 26 1959 (SC)

Gherulal Parakh Vs. Mahadeodas Maiya and ors.

Court : Supreme Court of India

Decided on : Mar-26-1959

Reported in : AIR1959SC781; [1959]Supp(2)SCR406

..... would have tainted, as between themselves, whatever the plaintiff had done in furtherance of their illegal designs, and would have precluded him from claiming, in a court of law, any indemnity from the defendant in respect of the liabilities he had incurred : cannan v. bryce 3 b. & ald. 179; mckinnell v. robinson 3 m. w. 434; lyne v. siesfeld 1 h ..... ., on the first question. the second question did not arise for consideration in that case. the house of lords neither expressly nor by necessary implication purported to hold that collateral contract of either partnership or agency was illegal; and that the long catena of decisions already referred to by us were wrongly decided. this judgment does not therefore support the contention ..... plaintiff, a broker, who was employed by the defendant to speculate for him upon the stock exchange, entered into contracts on behalf of the defendant with a third party upon which he (the plaintiff) became personally liable. he sued the defendant for indemnity against the liability incurred by him and for commission as broker. the court held that the plaintiff was entitled ..... plaint as originally presented contained all the facts sustaining the said plea. the defendants in their written-statement, inter alia, denied that there was any partnership to enter into forward contracts with the said two merchants and that therefore consistent with their case they did not specifically deny the said facts. the said facts, except in regard to the question whether .....

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Mar 23 1959 (FN)

Sec Vs. Variable Annuity Life Ins. Co.

Court : US Supreme Court

Decided on : Mar-23-1959

..... annual statements and the making (frequently on a cooperative basis among the states) of periodic examinations; overseeing the equitable treatment of policyholders by prescribing contract terms and checking misrepresentation, discrimination, rebating and "twisting"; licensing and regulating the conduct of agents; and supervision of investments in accord with a ..... debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral trust certificate, pre-organization certificate or subscription, transferable share, investment contract, voting trust certificate, certificate of deposit for a security, fractional undivided interest in oil, gas, or other mineral rights, or, in general, any interest ..... of its investment policies and operating practices; [ footnote 2/10 ] regulate the relationships between the company and its investment adviser, including fees and provisions for termination of the contract; [ footnote 2/11 ] regulate trading practices, [ footnote 2/12 ] changes in investment policy, [ footnote 2/13 ] the issuance of senior securities, [ ..... debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral trust certificate, pre-organization certificate or subscription, transferable share, investment contract, voting trust certificate, certificate of deposit for a security, fractional undivided interest in oil, gas, or other mineral rights, or, in general, any interest .....

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Feb 24 1959 (FN)

Crumady Vs. the Joachim Hendrik Fisser

Court : US Supreme Court

Decided on : Feb-24-1959

..... i must again dissent. as i read ryan stevedoring co. v. pan-atlantic s.s. corp., 350 u. s. 124 , the ship is entitled to indemnity only if the liability-inducing unseaworthiness or hazardous working condition is created page 358 u. s. 433 by the stevedore. here, on the court's premises, nacirema merely ..... vessel had been chartered by its owners to ovido compania naviera s.a. panama, which company entered into the service agreement with this stevedoring company. the contract, however, mentioned the name of the vessel on which the work was to be done, and contained an agreement on the part of the stevedoring company ..... of appeals for the third circuit syllabus petitioner was injured while working for a stevedoring company engaged in unloading a ship in an american port under contract with a third party to whom the ship had been chartered. petitioner brought this admiralty suit by libel in rem against the ship, which impleaded the ..... a vessel to perform services is plainly for the benefit of the vessel, whether the vessel's owners are parties to the contract or not. that is enough to bring the vessel into the zone of modern law that recognizes rights in third-party beneficiaries. restatement, law of ..... contracts, 133. moreover, as we said in the ryan case, "competency and safety of stowage are inescapable elements of the service undertaken." 350 u.s. .....

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Jan 19 1959 (FN)

Teamsters Union Vs. Oliver

Court : US Supreme Court

Decided on : Jan-19-1959

..... individual owners; (3) prohibiting any attempts by any certificated or permitted carrier in changing his operation which will affect the rights of drivers under the terms of the contract, and generally the certificated or permitted carriers agree to assume responsibility in policing and doing everything within their power to eliminate all alleged abuses in the use of owner ..... for plaintiff-appellee's capital investment in said equipment." [ footnote 10 ] in algoma, state law was allowed to operate to restrict a provision of a collective bargaining contract only after it was found after an exhaustive examination of the legislative history of the wagner act that congress intended to leave the special subject of the legality of ..... faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement, or any question arising thereunder, and the execution of a written contract incorporating any agreement reached if requested by either party. . . ." [ footnote 7 ] oliver is rather unusual among ohio owner-drivers because he owns not one vehicle, but a ..... unions also desired to make certain restrictions on the use of owner-operators, again claiming that the . . . company operators were taking advantage of certain provisions of the contract." this demand was compromised by the addition of 19 restricting leasing to carriers "who will agree to submit all grievances pertaining to owner-operators to joint employer-union grievance committees .....

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Jun 22 1959 (FN)

Atlantic Refining Co. Vs. Pub. Serv. Comm'n

Court : US Supreme Court

Decided on : Jun-22-1959

..... these increases were later limited to 2 cents per mcf. the escalator clauses apparently were inserted in lieu of "favored nation" clauses, but by letter, not a part of the contracts, "favored nation" clauses were to be substituted at a later date on certain contingencies. [ footnote 5 ] the exact finding is as follows: "including the gas which tennessee proposes ..... a finding of public convenience and necessity prerequisite to the issuance of the permanent certificates. the witnesses tendered developed little more information than was included in the printed contracts. as the proposed contract price was higher than any paid by tennessee, including offshore page 360 u. s. 393 production in the west delta area of louisiana, it is surprising that ..... gas in the interstate market were all conditioned on the issuance of certificates of public convenience and necessity. a failure by either party to secure such certificates rendered the contracts subject to termination. certainly the filing of the application for a certificate did not constitute a dedication to the interstate market of the gas recoverable under these leases. nor ..... of the act. this time, tennessee sought rehearing, advising the commission that the producers would not accept the 17-cent initial price order of may 20, and that "the contracts will be terminated," with the consequent "loss of natural gas supplies" required for tennessee's customers. the commission, after oral argument, did not withdraw its previous findings in the .....

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Jun 08 1959 (FN)

Labor Board Vs. Cabot Carbon Co.

Court : US Supreme Court

Decided on : Jun-08-1959

..... to have such grievances adjusted, without the intervention of any bargaining representative, as long as the adjustment is not inconsistent with the terms of any collective bargaining contract then in effect, provided that the bargaining representative, if there is one, has been given an opportunity to be present. it is thus evident that there is ..... adjusted, without the intervention of the bargaining representative, as long page 360 u. s. 216 as the adjustment is not inconsistent with the terms of a collective bargaining contract or agreement then in effect: provided further, that the bargaining representative has been given opportunity to be present at such adjustment. [ footnote 18 ]" thereupon, the senate requested ..... their clerical work; and that respondents pay all of the necessary expenses of the committees. none of the committees has ever attempted to negotiate a collective bargaining contract with respondents. from time to time, the board has certified independent labor organizations as the exclusive bargaining agents for certain bargaining units of employees in approximately one ..... as such agents for those bargaining units, the respective certified labor organizations have entered into collective bargaining contracts with respondents which, as they may have been amended, are still in effect. since the respective dates of those collective bargaining contracts, the certified labor organizations and the employee committees have coexisted in those plants, but the functions of .....

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Apr 20 1959 (FN)

Petty Vs. Tennessee-Missouri Bridge Comm'n

Court : US Supreme Court

Decided on : Apr-20-1959

..... respondent should have the power to build a bridge and operate ferries across the mississippi at specified points, and, in art. i, 3, that it should have the power "to contract, to sue and be sued in its own name." congress granted its consent to the compact, 63 stat. 930, stating in a proviso: "that nothing herein contained shall be construed ..... essentially local interests are at stake. see, e.g., board of county comm'rs v. united states, 308 u. s. 343 . a compact is, after all, a contract. ordinarily, in the interpretation of a contract, the meaning the parties attribute to the words governs the obligations assumed in the agreement. similarly, since these states had the freedom to waive or to refuse ..... held to be broad enough to include suits in torts at least where the duties relied upon "have their source in contract even though the guilty agents may be merely tortfeasors." id. at 306 u. s. 395 . there, the underlying contract was a bailment; here it is employment. to draw a distinction in either the keifer case or in this case between ..... tort and contract would be to "make application of a steadily growing policy of governmental liability contingent upon irrelevant procedural factors. these, in our law, are still deeply rooted in historical accidents to .....

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Apr 20 1959 (FN)

Herd and Co. Vs. Krawill Machinery Corp.

Court : US Supreme Court

Decided on : Apr-20-1959

..... of the majority in collins that the liability of a negligent agent of a carrier, though not limited by any statute or contract, is nevertheless limited by and to the extent of the limitation granted by the shipper to the carrier in the bill of lading, simply because ..... liability upon a tortfeasor for the consequences of his negligence, unless the clarity of the language used expresses such to be the understanding of the contracting parties." boston metals co. v. the winding gulf, 349 u. s. 122 , 349 u. s. 123 -124 (concurring opinion). the holding ..... u. s. 565 ; see texas & pacific r. co. v. abilene cotton oil co., 204 u. s. 426 , 204 u. s. 437 . similarly, contracts purporting to grant immunity from, or limitation of, liability must be strictly construed and limited to intended beneficiaries, for they "are not to be applied to alter familiar rules visiting ..... agents of a carrier. the act is clearly phrased. it defines the term "carrier" to include "the owner or the charterer who enters into a contract of carriage with the shipper." 1301(a). it imposes particularized duties and obligations upon, and grants stated immunities to, the "carrier." 1302, 1303, 1304 ..... environment of the act, or in the limitation of liability provisions of the bill of lading, indicates any intention, of congress by the act, or of the contracting parties by the bill of lading, to limit the liability of negligent agents of the carrier. pp. 359 u. s. 301 -303. (b) the doctrine .....

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Feb 24 1959 (FN)

Railway Express Agency, Inc. Vs. Virginia

Court : US Supreme Court

Decided on : Feb-24-1959

..... wholly owned subsidiary, a virginia corporation, which carries on its intrastate functions within the commonwealth. appellant's virginia business is thus of an exclusively interstate nature. through exclusive contract arrangements with 177 of the railroads of the nation, appellant is the sole operator of express facilities on their lines, including virginia. it pays therefor all of its net ..... . . shall have no net taxable income." in turn, appellant's virginia subsidiary pays all of its net income over to it for the privilege of exercising appellant's exclusive contracts in intrastate business in the commonwealth. appellant owns property within virginia, its return filed with the commonwealth for tax purposes showing $120,110.70 in cash on deposit; automotive equipment ..... rolling stock and money in the commonwealth, as well as intangibles, including its exclusive express privileges with the railroads. it readily admits that the latter agreements are "valuable contract rights," and contribute a principal element to the "going concern value" of its business in the commonwealth. subsuming that a valid tax levy might be levied on such ..... not actually generate the amount of gross receipts attributed to it by the state corporation commission. in this connection, we note that 1.9% of appellant's total contract mileage was located there. even where taxpayers have attempted to show through evidence, as this appellant has not, that a given apportionment formula effected an appropriation of more .....

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Jun 29 1959 (FN)

Pennsylvania R. Co. Vs. Administrator

Court : US Supreme Court

Decided on : Jun-29-1959

..... negligent injury to an administrative or semi-administrative board. cf. barnett v. pennsylvania-reading seashore lines, 245 f.2d 579 (board adjudication of contract action between railroad and injured railroad worker who claimed that he had been given contract of employment for life in settlement of prior negligent injury suit held to preclude court suit by employee). [ footnote 2/14 ] e.g ..... as supporting any such concession by the unions. but even if it did, i would not be able to uphold the procedure here involved. for, assuming that an individual can contract away his constitutional right to an equal trial, and assuming additionally the still more doubtful proposition that representatives of an organization can, by ..... contract, estop its members from claiming equal treatment in the courts in cases or controversies arising thereafter, i cannot agree that the statements of some union leaders to congress when it .....

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