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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1962 Page 1 of about 42 results (0.052 seconds)

Apr 02 1962 (FN)

A. and Gulf Stevedores Vs. Ellerman Lines, Ltd.

Court : US Supreme Court

Decided on : Apr-02-1962

..... atlantic & gulf stevedores, inc." mr. justice stewart, whom mr. justice frankfurter joins, dissenting. in my view, the court of appeals correctly ruled that the respondents were entitled to indemnity from the petitioner under principles first set forth by this court in ryan stevedoring co. v. pan-atlantic s.s. corp., 350 u. s. 124 , and followed in weyerhaeuser ..... citizenship, alleging that their vessel was unseaworthy and that they were negligent. respondents impleaded petitioner, alleging that it was negligent in its manner and method of unloading and asking indemnity from it in case respondents were held liable to beard. counsel, near the end of the trial, agreed upon five special interrogatories, to which the jury responded as follows ..... shipowners, in a federal district court on the basis of diversity of citizenship, alleging that the vessel was unseaworthy and that they were negligent. respondents impleaded petitioner and asked indemnity, alleging that it was negligent in the manner of unloading. the jury found that the injury resulted from unseaworthiness of the vessel and negligence of respondents, and not from ..... any failure of petitioner to do its work in accordance with its contract. the district court entered judgment in favor of the longshoreman against respondents and in favor of petitioner on respondents' claim for indemnity. the court of appeals affirmed the judgment in favor of the longshoreman, but reversed the judgment in favor .....

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Dec 03 1962 (FN)

Pealman Vs. Reliance Ins. Co.

Court : US Supreme Court

Decided on : Dec-03-1962

..... per cent. to be withheld until the completion of the work to be done is as much for the indemnity of him who may be a guarantor of the performance of the contract as for him for whom it is to be performed. and there is great justness in the rule adopted. ..... against the united states, but only that the "guaranty company [was] entitled to subrogation to any right of the united states government arising through the building contract." henningsen, supra, at p. 208 u. s. 410 . since the funds here have been paid into court by the government, there is some ..... . ed. 1950). cf. aquilino v. united states, 363 u. s. 509 (1960). [ footnote 12 ] "the right of subrogation is not founded on contract. it is a creature of equity, is enforced solely for the purpose of accomplishing the ends of substantial justice, and is independent of any contractual relations between the ..... the company was then known as fire association of philadelphia. [ footnote 2 ] 40 u.s.c. 270a, provides in part as follows: "(a) before any contract, exceeding $2,000 in amount, for the construction, alteration, or repair of any public building or public work of the united states is awarded to any person, ..... earnings due the contractor. the petitioner, pearlman is trustee of the bankrupt estate of the dutcher construction corporation, which, in april, 1955, entered into a contract with the united states to do work on the government's st. lawrence seaway project. at the same time, the respondent, reliance insurance company, [ footnote .....

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Dec 11 1962 (SC)

Dr. A. Lakshmanaswami Mudaliar and ors. Vs. Life Insurance Corporation ...

Court : Supreme Court of India

Decided on : Dec-11-1962

Reported in : AIR1963SC1185; [1963]33CompCas420(SC); [1963]Supp2SCR887

..... . by the first sub-clause the company is authorised to carry on life insurance business in all its branches and all kinds of indemnity and guarantee business and for that purpose to enter into and carry into effect all contracts and arrangements. by sub-clause (ii) the company is authorised 'to invest and deal with funds and assets of the company upon ..... the company. payment by the company of the amount resolved to be donated was therefore purely gratuitous : its acceptance made it a gift, and did not give rise to a contract. 17. a company is competent to carry out its objects specified in the memorandum of association and cannot travel beyond the objects. the objects of the company are set out ..... (d) of the indian contract act when at the desire of the promisor, the promise or any other person has done or abstained for doing, or does or abstains from doing, or promises to do ..... counsel for the appellants that the resolution of the company and the acceptance thereof by the appellants as trustees of the trust constituted a contract is, in our judgment, futile. there was within the meaning of the indian contract act no consideration moving from the trustees for accepting the amount assuming that the resolution amounted to an offer. by s. 2 clause .....

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Feb 26 1962 (FN)

Richards Vs. United States

Court : US Supreme Court

Decided on : Feb-26-1962

..... v. lanza, 349 u. s. 408 ; watson v. employers liability corp., 348 u. s. 66 ; pacific employers ins. co. v. industrial accident comm., 306 u. s. 493 . cf. hartford accident & indemnity co. v. delta & pine land co., 292 u. s. 143 ; home insurance co. v. dick, 281 u. s. 397 . [ footnote 32 ] see, e.g., the cases cited in note 26 ..... any damages against the united states on any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights, whereas he could recover such damages against a private individual, 2680(h); the claimant cannot obtain any recovery against the united states on a claim arising in a foreign ..... ., 183 f.2d 479; levy v. daniels' u-drive auto renting co., 108 conn. 333, 143 a. 163; caldwell v. gore, 175 la. 501, 143 so. 387; burkett v. globe indemnity co., 182 miss. 423, 181 so. 316. [ footnote 27 ] in addition to the cases cited in note 26 supra, see the opinion by mr. justice black in vanston bondholders protective ..... v. armbrecht, 327 u. s. 392 ; clearfield trust co. v. united states, 318 u. s. 363 ; d'oench, duhme & co. v. federal deposit ins. corp., 315 u. s. 447 ; royal indemnity co. v. united states, 313 u. s. 289 ; board of comm'rs of jackson county v. united states, 308 u. s. 343 . see also discussion in hart and wechsler, the .....

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Jun 18 1962 (FN)

Sinclair Refining Co. Vs. Atkinson

Court : US Supreme Court

Decided on : Jun-18-1962

..... actions under 301; the question is simply whether injunctions are barred against strikes over grievances page 370 u. s. 225 which have been routed to arbitration by a contract specifically enforceable against both the union and the employer. enforced adherence to such arbitration commitments has emerged as a dominant motif in the developing federal law of collective ..... the terms of collective bargaining agreements. the provisions of the senate amendment which conferred a right of action for damages upon a party aggrieved by breach of a collective bargaining contract, however, were retained in the conference agreement (section 301)." 93 cong.rec. 6443, ii leg.hist. 1539. (emphasis supplied.) [ footnote 28 ] the legislative history of the ..... between conflicting provisions of the respective bills each had passed. prior to this conference, the house bill had provided for federal jurisdiction of suits for breach of collective bargaining contracts, and had expressly declared that the norris-laguardia act's anti-injunction provisions would not apply to such suits. [ footnote 21 ] the bill passed by the senate, ..... the specific anti-injunction provisions of the act were based, contains language indicating that one primary concern of congress was to insure workers the right "to exercise actual liberty of contract" and to protect "concerted activities for the purpose of collective bargaining." [ footnote 11 ] from that premise, sinclair argues that an interpretation of the term "labor dispute" .....

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Jun 25 1962 (FN)

Brown Shoe Co., Inc. Vs. United States

Court : US Supreme Court

Decided on : Jun-25-1962

..... oil co. of california v. united states, supra. yet a requirement contract may escape censure if only a page 370 u. s. 331 small share of the market is involved, if the purpose of the agreement is to insure to the customer ..... . v. nashville coal co., supra. of course, the fact that requirement contracts are not inherently anticompetitive will not save a particular agreement if, in fact, it is likely "substantially to lessen competition, or to tend to create a monopoly." e.g., standard ..... primarily to preserve and stimulate competition. see standard oil co. of california v. united states, supra, 337 u.s. at 337 u. s. 305 -306. on the other hand, requirement contracts are frequently negotiated at the behest of the customer who has chosen the particular supplier and his product upon the basis of competitive merit. see, e.g., tampa electric co ..... co. of california v. united states, supra, with international salt co. v. united states, 332 u. s. 392 . [ footnote 50 ] the reason for this is readily discernible. the usual tying contract forces the customer to take a product or brand he does not necessarily want in order to secure one which he does desire. because such an arrangement is inherently anticompetitive .....

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Jun 18 1962 (FN)

Drake Bakeries Vs. Bakery Workers

Court : US Supreme Court

Decided on : Jun-18-1962

..... that we did not agree with, or accept your proposal to amend or alter past practice concerning holiday week-ends. your proposed schedule and your threats of disciplinary penalties violates contract and practice. . . . if you do no retract position, we shall demand arbitration." [ footnote 4 ] article vii-no strikes "(a) there shall be no strike, boycott, interruption ..... asserts that it was the company itself which ignored the adjustment and arbitration provisions by scheduling holiday work. in passing 301, congress was interested in the enforcement of collective bargaining contracts, since it would "promote a higher degree of responsibility upon the parties to such agreements, and will thereby promote industrial peace" (s.rep. no. 105, 80th cong ..... is excused from arbitrating, upon theories of waiver, estoppel, or otherwise. [ footnote 8 ] arbitration provisions, which themselves have not been repudiated, are meant to survive breaches of contract, in many contexts, even total breach; [ footnote 9 ] and, in determining whether one party has so repudiated his promise to arbitrate that the other party is excused the ..... that they will promptly attempt to adjust all complaints, disputes or grievances arising between them involving questions of interpretation or application of any clause or matter covered by this contract or any act or conduct or relation between the parties hereto, directly or indirectly." this is broad language, indeed, and the procedure thereafter provided in article v .....

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Mar 05 1962 (FN)

Teamsters Vs. Lucas Flour Co.

Court : US Supreme Court

Decided on : Mar-05-1962

..... to disputes over broad questions of contractual interpretation and deliberately excluded such a clause with regard to the essentially factual disputes arising out of the application of the contract in particular instances. and there is not a word anywhere else in this agreement which indicates that this perfectly sensible contractual framework for handling these two different ..... v. benedict coal corp., 259 f.2d 346 (affirmed on this question by an equally divided court, 361 u. s. 459 ), for differing interpretations of an identical contract. mr. justice black, dissenting. the petitioner local union and the respondent company entered into a written collective bargaining agreement containing an express provision for the arbitration of disputes growing ..... , contractual prohibition of unfair labor practices: jurisdictional problems, 57 col.l.rev. 52. [ footnote 10 ] of the many state courts which have assumed jurisdiction over suits involving contracts subject to 301, few have explicitly considered the problem of state versus federal law. mccarroll v. los angeles county dist. council of carpenters, 49 cal.2d 45, 60, ..... and prolong disputes as to its interpretation. [ footnote 11 ] indeed, the existence of possibly conflicting legal concepts might substantially impede the parties' willingness to agree to contract terms providing for final arbitral or judicial resolution of disputes. the importance of the area which would be affected by separate systems of substantive law makes the need for .....

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Feb 26 1962 (FN)

Retail Clerks Vs. Lion Dry Goods, Inc.

Court : US Supreme Court

Decided on : Feb-26-1962

..... no basis for denying jurisdiction of the action based upon the alleged violation of the "strike settlement agreement." furthermore, the statute's purpose would be defeated by excluding such contracts from "contracts" cognizable under 301(a). see charles dowd box co. v. courtney, 368 u. s. 502 . if this kind of strike settlement were not enforceable under 301 ..... of recognition as exclusive representatives puts them out of court. this issue does not touch upon whether minority unions may demand that employers enter into particular kinds of contracts or the circumstances under which employers may accord recognition to page 369 u. s. 29 unions as exclusive bargaining agents. the question is only whether "labor organization ..... of those limitations on 301(a) or with only one, and, if so, which one. it is argued that congress limited 301(a) jurisdiction to contracts that are "collective bargaining contracts," meaning, so runs the argument, only agreements concerning wages, hours, and conditions of employment concluded in direct negotiations between employers and unions entitled to recognition as ..... to 1957, petitioners had been the collective bargaining representatives of respondents' employees, and had been parties to collective bargaining agreements with respondents. in november, 1957, negotiations for renewal contracts ended in impasse. a strike ensued against one of the respondents, lasalle's, and continued until december 24, 1958; the dispute with the other respondent, lion dry goods .....

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Feb 19 1962 (FN)

Poller Vs. Columbia Broadcasting System, Inc.

Court : US Supreme Court

Decided on : Feb-19-1962

..... the introductory clauses of the contract provided: "whereas, midwest [petitioner] has represented to cbs that midwest intends to continue the operation of wcan and all business incidental thereto, and for that purpose cbs proposes ..... vhf stations entered the market. [ footnote 2/8 ] the record shows that poller from the beginning had unsuccessfully tried to persuade cbs to enlarge the term of his affiliation contract cancellation clause from six months to two years, and that, with eyes thus open, he nonetheless proceeded with his substantial equipment investment. [ footnote 2/9 ] one of ..... petitioner is unable to point to any convincing differences between the vertical integration that is accomplished when a network purchases a station and that which results from an affiliation contract. moreover, the very contention now being made here by the petitioner has repeatedly been presented to the federal communications commission, and that agency has consistently adhered to the ..... birth of their alleged conspiracy that such affiliations would be unavailable to petitioner if the cbs tie were broken. moreover, it is patent from the terms of the contract under which cbs purchased petitioner's equipment that petitioner represented to the respondents that he would continue broadcasting operations as an independent from the studio formerly occupied by bartell. .....

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