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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1963 Page 1 of about 54 results (0.298 seconds)

May 27 1963 (FN)

Reed Vs. the Yaka

Court : US Supreme Court

Decided on : May-27-1963

..... the real reason for its decision is that a contrary result would make little economic sense after the decision in ryan, supra, holding that, on the basis of an implied contract of indemnity, a shipowner is entitled to reimbursement from an independent stevedore of a judgment obtained against the shipowner by the stevedore's employee. admittedly, the liability imposed in ryan is ..... recover against the ship. but since the defective pallet was furnished by pan-atlantic, the trial judge went on to hold that it must make waterman whole because of an indemnity clause in the bareboat charter agreement. 183 f.supp. 69. the court of appeals for the third circuit reversed the judgment, holding that neither waterman nor pan-atlantic could be ..... forcing them to shoulder their losses alone, and the broad range of the "humanitarian policy" of the doctrine of seaworthiness, which we held not to depend upon any kind of contract. 328 u.s. at 328 u. s. 93 -95. we further held that the longshoremen's and harbor workers' act was not intended to take away from longshoremen the traditional ..... question of whether a shipowner who was forced to pay damages to a longshoreman injured by the unsafe storage of cargo could recover indemnity from the stevedoring company for whom the longshoreman worked. even in the absence of an indemnity provision, the court held that the stevedoring company was liable over to the shipowner because it had promised to store the cargo .....

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Jun 10 1963 (FN)

United States Vs. Pioneer American Ins. Co.

Court : US Supreme Court

Decided on : Jun-10-1963

..... v. vorreiter, 355 u. s. 15 . thus, the fact that, under arkansas law, the claim for attorney's fees becomes enforceable upon default as a contract of indemnity does not foreclose inquiry by this court into the degree the claim is choate at that time. [ footnote 8 ] there is nothing in security mortgage co. ..... the claim for the attorney's fee, arising out of the obligations assumed by the taxpayer in 1958, became enforceable under arkansas law as a contract of indemnity at the time of default in october, 1960, before the filing of the first federal tax liens. furthermore, it is evidence that the suit ..... supreme court of arkansas subordinating the federal tax lien (26 u.s.c. 6321) to a lien for attorney's fees included in an antecedent mortgage contract. 235 ark. 267, 357 s.w.2d 653. because of conflict between the arkansas decision and united states v. bond, 279 f.2d 837 ..... surety made advances to complete another contract of the taxpayer, as the surety was obligated to do under its bond issued on that contract, and the taxpayer thereby became indebted to the surety. the majority held the surety's interest " ..... ball once again provides a parallel. sums due the contractor taxpayer under a particular construction contract were assigned to the surety as security for any future indebtedness of the contractor to the surety arising under that contract or any other. after the filing of the federal tax lien against the contractor, the .....

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Feb 18 1963 (FN)

Schlude Vs. Commissioner

Court : US Supreme Court

Decided on : Feb-18-1963

..... arthur murray, inc., on a weekly basis, 10% of these cash receipts as royalty and 5% of the receipts in escrow, the latter to continue until a $20,000 indemnity fund was accumulated. similarly, sales commissions for lessons sold were paid at the time the sales receipts were deposited in the studio's general bank account. the studio, since its ..... [ footnote 5 ] the balance of the deferred income account would be carried forward into the next fiscal year, to be increased or decreased in accordance with the number of new contracts, lessons taught and cancellations recognized. deductions were also reported on the accrual basis, except that the royalty payments and the sales commissions were deducted when paid, irrespective of the period ..... this aspect of the case. these gains, representing amounts paid or promised in advance of lessons given, were recognized in those periods in which the taxpayers arbitrarily decided the contracts were to be deemed canceled. the studio made no attempt to report estimated cancellations in the year of receipt, choosing instead to defer these gains to periods bearing no economic ..... basic method by which income earned by the rendition of services was recorded. on the contrary, the taxpayers' system was admittedly wholly accurate in recording lessons given under each individual contract. it was only in connection with lessons which had not yet been taught that the taxpayers were "uncertain whether none, some, or all" of the contractual services would be .....

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Feb 08 1963 (SC)

Bhikuse Yamasa Kshatriya (P) Ltd., and anr. Vs. Union of India (Uoi) a ...

Court : Supreme Court of India

Decided on : Feb-08-1963

Reported in : AIR1963SC1591; [1963(6)FLR348]; (1963)ILLJ270SC; [1964]1SCR860

..... of the act applicable thereto.similarly the act is primarily intended to govern relations of persons standingas master and servant in connection with manufacturing processes in factories,and liberty of contract otherwise was not sought to be affected by theprincipal provisions of the act. but here again the legislature has authorisedthe state government to issue notifications applying the provisions of ..... hours and on the employment of young persons and females and grant ofannual leave with wages. employment in a manufacturing process was at one timeregarded as a matter of contract between the employer and the employee and thestate was not concerned to impose any duties upon the employer. it is howevernow recognised that the state has a vital concern ..... employed in large numbers inthis industry. x x x x x x x x x the bidi and cigarlabour, however, satisfies many of the criteria of sweated labour, such assub-contract system, long hours, insanitary working conditions, home work (inbidis), employment of women and children, irregularity of employment, lowwages, and lack of bargaining power.' 13. dealing especially with the ..... work register. the court held on these facts that the bidi roller could nobe said to be 'employed' by the owner and was not therefore a worker, therebeing no contract of employment, under which the bidi roller agreed to servethe employer subject to his control and supervision.2. since this judgment was pronounced, owners of bidi-making establishmentsin the state .....

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Jun 03 1963 (FN)

Arizona Vs. California

Court : US Supreme Court

Decided on : Jun-03-1963

..... recognizing this, congress put the secretary of the interior in charge of these works, page 373 u. s. 590 and entrusted him with sufficient power, principally the 5 contract power, to direct, manage, and coordinate their operation. subjecting the secretary to the varying, possibly inconsistent, commands of the different state legislatures could frustrate efficient operation of ..... secretary could "utterly ignore" los angeles' appropriations. [ footnote 83 ] in this same discussion, senator hayden emphasized the secretary's power to allocate the water by making contracts with users. after senator walsh said that he understood senator johnson to be arguing that the secretary must satisfy los angeles' appropriations, senator hayden corrected him, pointing out ..... involved in this case. but no such questions are here. we must determine what apportionment and delivery scheme in the lower basin has been effected through the secretary's contracts. for that determination, we look to the project act alone. b. mainstream apportionment. -- the congressional scheme of apportionment cannot be understood without knowing what water congress ..... this court, but instead created a comprehensive statutory scheme for the allocation of mainstream waters. arizona, however, believes that the allocation formula established by the secretary's contracts was, in fact, the formula required by the act. the united states, along with california, thinks the master should not have invalidated the provisions of the arizona .....

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Jun 17 1963 (FN)

United States Vs. Philadelphia Nat'l Bank

Court : US Supreme Court

Decided on : Jun-17-1963

..... white took no part in the consideration or decision of this case. page 374 u. s. 373 [ footnote 1 ] section 1 of the sherman act provides in pertinent part: "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." section ..... . p. 41 and s. 331|>331, supra. and in standard fashion co. v. magrane-houston co., 258 u. s. 346 , the court held violative of 3 a series of exclusive contracts whereby a single manufacturer controlled 40% of the industry's retail outlets. doubtless these cases turned to some extent upon whether, "by the nature of the market, there is room ..... act, exclusive arrangements whereby the four major firms in the industry had foreclosed 75% of the relevant market; the respondent's market share, evidently, was 20%. kessler and stern, competition, contract, and vertical integration, 69 yale l.j. 1, 53 n. 231 (1959). in the instant case, by way of comparison, the four largest banks after the merger will foreclose 78 ..... co. v. united states, 337 u. s. 293 , cited in s.rep.no.1775, 81st cong., 2d sess. 6, this court held violative of 3 of the clayton act exclusive contracts ? 41 and s. 366? whereby the defendant company, which accounted for 23% of the sales in the relevant market and, together with six other firms, accounted for 65% of such .....

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Jun 03 1963 (FN)

Labor Board Vs. General Motors Corp.

Court : US Supreme Court

Decided on : Jun-03-1963

..... the union. membership remains optional with the employee, and the significance of desired, but unavailable, union membership, or the benefits of membership, in terms of permissible 8(a)(3) security contracts, we leave for another case. in view of the legislative history of the taft-hartley amendments to 8(a)(3) and of their purposes, we cannot say that optional membership ..... intended not to illegalize the practice of obtaining support payments from nonunion members who would otherwise be 'free riders,' we find that the provision for support payments in the instant contract does not exceed the union security agreements authorized by the act." 98 n.l.r.b. at 802. [ footnote 9 ] referring to the canadian practice, senator taft stated that ..... ,' i.e., employees who receive the benefits of union representation but are unwilling to contribute their fair share of financial support to such union, and gave unions the power to contract to meet that problem while withholding from unions the power to cause the discharge of employees for any other reason. . . ." we are therefore confident that the proposal made by the ..... .b. 800. [ footnote 8 ] moreover, the 1947 amendments not only abolished the closed shop, but also made significant alterations in the meaning of "membership" for the purposes of union security contracts. under the second proviso to 8(a)(3), the burdens of membership upon which employment may be conditioned are expressly limited to the payment of initiation fees and monthly dues .....

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Feb 18 1963 (FN)

Northern Nat. Gas Co. Vs. Kansas Corp. Comm'n

Court : US Supreme Court

Decided on : Feb-18-1963

..... because they bear upon purchasers, and not producers, of natural gas; (2) even if northern were no longer bound by the quantity obligations of its republic "a" contract, the kansas orders would still be invalid because they require kansas purchasers who previously took gas unratably to readjust their purchasing patterns, which might possible affect ultimate consumer prices; and ..... actual collision, by ad hoc accommodation on the part of every state, then the scope of federal regulatory power would vary in accordance with the kaleidoscopic variations of local contract law. the judgments are reversed, and the causes are remanded for further proceedings not inconsistent with this opinion. reversed and remanded. mr. justice white took no part ..... only so much of its requirements as were not satisfied by the quantities which the republic contract required to be taken from republic wells. appellant's requirements until 1958 were such that its purchases from its various producers were nevertheless roughly ratable, that is, in ..... appellant was obligated to purchase gas from republic up to the maximum production allowables for republic's kansas wells connected to appellant's system. [ footnote 3 ] appellant's contracts with its other producers provide that appellant's purchase commitments thereunder are expressly subject to the agreement with republic. thus, appellant was bound to purchase from its other producers .....

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Jan 14 1963 (FN)

Paul Vs. United States

Court : US Supreme Court

Decided on : Jan-14-1963

..... [ footnote 2/12 ] the proposal to "modernize" the law was primarily a proposal to relax, in certain situations, the very strict rule requiring that almost all contracts be placed through advertising competitive bidding. experience had shown page 371 u. s. 276 that the formalized ritual of competitive bidding was often unwieldy and uneconomical. for example ..... ii, these departments had run their procurement operations with a relatively free hand under the first war powers act, 55 stat. 838, which authorized placement of contracts without regard to existing provisions of law regulating procurement procedures. the war production board had early determined that the traditional method of procurement by advertising for sealed competitive ..... for lower rates. it directs that negotiations or, wherever possible, advertising for bids shall reflect active competition, so that the united states may receive the most advantageous contract. while the federal procurement policy demands competition, the california policy, as respects milk, effectively eliminates competition. the california policy defeats the command to federal officers to ..... comm'n of california v. united states, supra, we held that the federal procurement policy, which required competitive bidding as the general rule and negotiated purchase or contract as the exception, prevailed over california's regulated rate system. that case, like united states v. georgia public service comm'n, supra, concerned transportation of commodities. .....

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May 13 1963 (FN)

Labor Board Vs. Erie Resistor Corp.

Court : US Supreme Court

Decided on : May-13-1963

..... , 34 new employees, 47 employees recalled from layoff status, and 23 returning strikers had accepted production jobs. the union, now under great pressure, offered to give up some of its contract demands if the company would abandon super-seniority or go to arbitration on the question, but the company refused. in the following week, 64 strikers returned to work and 21 ..... march 31, 1959. in january, 1959, both parties met to negotiate new terms, but, after extensive bargaining, they were unable to reach agreement. upon expiration of the contract, the union, in support of its contract demands, called a strike which was joined by all of the 478 employees in the unit. [ footnote 2 ] the company, under intense competition and subject to insistent ..... . 3835 (1947): "that means that we recognize freedom to strike when the question involved is the improvement of wages, hours, and working conditions, when a contract has expired and neither side is bound by a contract. we recognize that right in spite of the inconvenience, and, in some cases, perhaps, danger, to the people of the united states which may result from .....

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