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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1960 Page 1 of about 50 results (0.112 seconds)

Jun 13 1960 (FN)

Clay Vs. Sun Ins. Office, Ltd.

Court : US Supreme Court

Decided on : Jun-13-1960

..... application of the louisiana law was challenged as an unconstitutional denial of equal protection, due process, full faith and credit, and an unconstitutional impairment of contract. we rejected all these contentions. the policy of insurance there, like the one here, was to be given nationwide effect. we held there, ..... attorney general) to protect its people. in now come to the constitutional question which is avoided and which i would decide. this insurance contract was made in the state of illinois. there are illinois cases indicating that the contractual provision shortening page 363 u. s. 217 the illinois ..... justice frankfurter delivered the opinion of the court. in 1952, petitioner, while a citizen and resident of illinois, purchased from respondent in illinois the contract of insurance upon which this suit is based. the respondent is a british company licensed to do business in illinois, florida, and nine other states. ..... tug only while it was in mexican waters. in hartford accident & indemnity co. v. delta & pine land co., 292 u. s. 143 , the court held that mississippi could not constitutionally apply its own law to invalidate a contract clause limiting the insurer's liability on a surety bond against defalcations ..... free to enforce its own contract policies." id. at 348 u. s. 73 . page 363 u. s. 220 in the watson case, we also rejected a contention that the cases relied on by the court here as throwing a cloud upon the florida statute, hartford accident & indemnity co. v. delta & .....

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Nov 21 1960 (FN)

Waterman S.S. Corp. Vs. Dugan and Mcnamara, Inc.

Court : US Supreme Court

Decided on : Nov-21-1960

..... cargo, not the petitioner, had actually engaged the respondent to unload the ship. the district court directed a verdict for the respondent, holding that a shipowner had no right of indemnity against a stevedore under the circumstances alleged in the absence of a direct contractual relationship page 364 u. s. 423 between them. the court of appeals for the third circuit ..... agreement with a shipowner is liable to indemnify the owner for damages sustained as a result of the stevedore's breach of his warranty to perform the obligations of the contract with reasonable safety. this warranty of workmanlike service extends to the handling of cargo, as in ryan, as well as to the use of equipment incidental to cargo handling, ..... the longshoreman's injuries, but that "the direct, proximate, active and substantial cause of the accident" had been the negligence of the respondent, who, by "failing to perform the contracted stevedoring services in a safe, proper, customary, careful and workmanlike manner," had brought the existing unseaworthy condition into play. as an affirmative defense, the respondent stevedore alleged that there had ..... 's injuries resulted from respondent's failure to perform its work in a workmanlike manner. held: respondent was liable to the shipowner, even though there was no privity of contract between respondent and the shipowner and regardless of whether the longshoreman's original claim was asserted in an in rem or an in personam proceeding, since respondent's warranty of .....

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Nov 14 1960 (FN)

Knetsch Vs. United States

Court : US Supreme Court

Decided on : Nov-14-1960

..... knetsch would have paid off in cash the original $4,000,000 "loan." [ footnote 4 ] every court which has considered this or similar contracts has agreed with our conclusion, except the court of appeals for the fifth circuit in the bond case and one district court bound by that ..... enough. there is page 364 u. s. 369 first the fact that the provision was incorporated in the section covering life insurance and endowment contracts, which unquestionably was adopted to further that policy. there is second the fact that congress' attention was directed to annuities in 1954; the same ..... 2d sess., p. 24. congress then, in 1942, denied a deduction for amounts paid on indebtedness incurred to purchase single premium life insurance and endowment contracts. this provision was enacted by an amendment to the 1939 code, 56 stat. 827, "to close a loophole" in respect of interest allocable to partially ..... they point out that 264(a)(2) denies a deduction for amounts paid on indebtedness incurred to purchase to carry a single premium annuity contract, but only as to contracts purchased after march 1, 1954. [ footnote 5 ] the petitioners thus would attribute to congress a purpose to allow the deduction of ..... he borrowed from the company nearly all of the excess of the cash surrender value which the bonds would have at the end of the first contract year over the amount of the existing "indebtedness," and again paid in advance the "interest" on such additional "indebtedness." these borrowings and "interest .....

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Jan 20 1960 (SC)

Alopi Parshad and Sons Ltd. Vs. Union of India (Uoi)

Court : Supreme Court of India

Decided on : Jan-20-1960

Reported in : AIR1960SC588; 1960(2)MhLj46; [1960]2SCR793

..... , is imposed upon the employer, the arbitrators could not award compensation to the agents in excess of the expressly stipulated consideration. the claim made by the agents was not for indemnity for consequences of acts lawfully done by them on behalf of the government of india; it was a claim for charges incurred by them in excess of those stipulated. such ..... 'which justice demands' (lord sumner in hirji mulji v. cheong yue steamship co. ltd. (1926) ac 497 (510), this result is arrived at by putting a just construction upon the contract in accordance with an 'implication ............. from the presumed common intention of the parties' - speech of lord simon in british movietonews ltd. v. london and district cinemas ltd. l.r. 1952 ..... maintained by the agents, they had spent rs. 6,77,542-0-3. granting that the agents had incurred this additional expenditure under the head 'establishment and contingencies', when the contract expressly stipulated for payment of charges at rates specified therein, we fail to appreciate on what ground the arbitrators could ignore the express covenants between the parties, and award to ..... insisting upon any modification of the agreement, because they found, and it must be presumed that they found, it profitable to do so under the terms fixed under the supplementary contract dated june 20, 1942. the claims made for the additional buying remuneration, for mandi charges and for establishment and contingency charges, were denied. it was urged that, in any event .....

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May 31 1960 (FN)

United States Vs. Louisiana

Court : US Supreme Court

Decided on : May-31-1960

..... settlement of any boundaries of the former state page 363 u. s. 106 of texas. he stated, "the extensive and valuable territories ceded by mexico to the united states constitute indemnity for the past." [ footnote 3/9 ] and he expounded on the valued additions of new mexico and upper california to our domain. [ footnote 3/10 ] there is no ..... in themselves, and are really necessary to secure that monopoly of colonial commerce which is claimed by all nations holding distant possessions." [ footnote 3/20 ] " article xi. . . . the two contracting parties agree upon considering a distance of three marine leagues, measured from the line of low tide, as the limit of their territorial waters for everything relating to the vigilance ..... promulgated, or that may be promulgated in the future, by the federal government, as also the dispositions of the local authorities within the limits of the sanitary police." "the contracting parties agree to consider as the limit of the territorial jurisdiction on their respective coasts the distance of twenty kilometres, counted from the line of lowest tide. nevertheless, this rule ..... the measures for preventing smuggling, and can in no way be extended to other questions of international maritime law." id. at 171. [ footnote 3/26 ] " article vii. . . . the two contracting parties agree to consider as the limit of territorial seas on their respective coasts for the purpose of applying customs regulations and measures necessary for the prevention of smuggling the .....

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Feb 23 1960 (FN)

Labor Board Vs. Insurance Agents' Int'l Union

Court : US Supreme Court

Decided on : Feb-23-1960

..... of economic weapons that may be used as part of collective bargaining, it would be in a position to exercise considerable influence upon the substantive terms on which the parties contract. as the parties' own devices became more limited, the government might have to enter even more directly into the negotiation of collective agreements. our labor policy is not presently ..... 361 u. s. 490 a sense of responsibility, a responsiveness to government and public opinion, and moral principle; but, in time, these forces generate their own compulsions, and negotiating a contract approaches the ideal of informed persuasion." cox, the duty to bargain in good faith, 71 harv.l.rev. 1401, 1409. for similar reasons, we think the board's approach involves ..... is the representative of his employees. . . ." the precise question is whether the board may find that a union, which confers with an employer with the desire of reaching agreement on contract terms, has nevertheless refused to bargain collectively, thus violating that provision, solely and simply because, during the negotiations, it seeks to put economic pressure on the employer to yield to ..... relations act, as amended, it appeared that the union had conferred with the employer at the bargaining table for the purpose and with the desire of reaching an agreement on contract terms, but that, during the negotiations, it had sponsored concerted on-the-job activities by its members of a harassing nature designed to interfere with the conduct of the .....

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Apr 25 1960 (FN)

Machinists Local Vs. Labor Board

Court : US Supreme Court

Decided on : Apr-25-1960

..... continuing offense." the court's reasoning, inconsistently, would at once both recognize, and deny any means of proving, the "continuing offense." analytical curiosity provokes the query whether such an illegal contract, openly posted in the plant but not made effective in practice until the first day of the seventh month, would then become so "infused" with legality as to be unassailable ..... one on the point in issue, the court specifically rejected the contention that, inasmuch as more than six months had expired from the date of the execution of the tainted contract, the complaint, based upon acts occurring within six months of the charge, was barred by 10(b), saying: "while . . . the mere execution of the agreement on december 17, 1948, ..... , that deprived the employees of rights guaranteed to them by 7, resulting in unfair labor practices under 8; and the fact that prosecution for the illegal execution of the "tainted" contract is time-barred, as an independent wrong, may not be utilized "to infuse with" legality the illegal "union security clause or its enforcement." it is important carefully to note what ..... virtually all limitations protection from collective bargaining agreements attacked on the ground asserted here. for, once the principle on which the decision below rests is accepted, so long as the contract -- or any renewal thereof -- is still in effect, the six-month period does not even begin to run. cf. bowen products corp., supra, at 732. in lively photos, inc., 123 .....

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Jun 27 1960 (FN)

American Trucking Assns., Inc. Vs. United States

Court : US Supreme Court

Decided on : Jun-27-1960

..... believe, does not meet the compelling public interest standard established by american trucking associations. a contrary conclusion would open the door to approval of over-the-road contract trucking by railroad subsidiaries to most, if not virtually all, major destinations, and hence would greatly attenuate the safeguards which have been painstakingly erected to prevent railroad ..... insufficient justification for its action. assuming that the restrictions which would limit pacific motor's operations to an auxiliary and supplemental service would also be incompatible with a contract carrier operation, and that the commission was consequently powerless to impose those restrictions, this alone does not, in our view, meet the "special circumstances" test. ..... detail later, but the major restriction was the limitation of points of destination to points on the southern pacific line. appellants -- american trucking associations, inc., its contract carrier conference, the national automobile transporters association, and six motor carriers -- brought suit in federal district court to set aside the commission's order. see 28 u ..... oakland, raymer, and south gate, california, to various interstate destinations not included within its prior permits. generally speaking, the first application, designated sub 34, covered contract carrier service from the oakland plants to points on the southern pacific line in oregon; the second, sub 35, covered similar service to three nevada nonrail points; the .....

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Jun 27 1960 (FN)

Sunray Mid-continent Oil Co. Vs. Fpc

Court : US Supreme Court

Decided on : Jun-27-1960

..... 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." [ footnote 2/2 ] "(b) no natural gas company shall abandon all or ..... put on the act. petitioner claims that mobile establishes a principle that the act (unlike many other regulatory schemes) [ footnote 21 ] in general preserves the integrity of private contracts, and that the judgment below is in conflict with that principle. the petitioner states accurately enough the principle that mobile establishes. see 350 u.s. at 350 u. s ..... certificate sought "provide for its own expiration on the expiration of the . . . contract term so as to authorize applicant to cease the delivery and sale of gas thereunder at that time." the commission, upholding its examiner's recommendations, rejected the contentions of ..... [ footnote 5 ] petitioner had no certificate of public convenience and necessity authorizing sales in interstate commerce from the field in question. accordingly, in order to carry out its contract with united, it was necessary for petitioner to apply for a certificate from the commission, which it did. petitioner's application for the certificate contained the request that the .....

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May 16 1960 (FN)

Mitchell Vs. Trawler Racer, Inc.

Court : US Supreme Court

Decided on : May-16-1960

..... of this proposition, the court's opinion noted that "[i]t will be observed in these cases that a departure has been made from the continental codes in allowing an indemnity beyond the expense of maintenance and cure in cases arising from unseaworthiness. this departure originated in england in the merchants' shipping act of 1876 . . . , and, in this country, in ..... the warranty of seaworthiness occurred in the area of compensation for seamen's injuries. [ footnote 2/5 ] the law of both nations early recognized unseaworthiness as a condition upon the contract of employment, which, upon the employer's default, operated to exonerate the seaman from forfeiture of wages if he quit the ship. 1 parsons, maritime law, 455; the arizona ..... well by the similarly absolute implied warranty in contracts of marine insurance by which the assured, whether shipowner, charterer, or shipper, warranted the seaworthiness of the vessel at the start of its voyage as a condition upon the ..... comparatively ideal pre-voyage circumstances would be predictably low, and the extraordinary character of the risk, coupled with the exclusive knowledge and control of the owner and his ability to contract away the risk in his page 362 u. s. 558 dealings with suppliers and service companies, justified imposing the burden on him. this judicial evolution was doubtless influenced as .....

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