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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1964 Page 1 of about 48 results (0.056 seconds)

Mar 09 1964 (FN)

italia Societa Vs. Oregon Stevedoring Co., Inc.

Court : US Supreme Court

Decided on : Mar-09-1964

..... mr. justice white delivered the opinion of the court. this is an action by a shipowner, italia societa per azioni di navigazione (italia), against a contracting stevedore company, oregon stevedoring company (oregon), to recover indemnity for breach of the stevedore's implied warranty of workmanlike service. the issue presented is whether the warranty is breached where the page 376 u. s ..... in ryan was not merely an escape from the no-recovery consequences of halcyon, as is evidenced by the fact that recovery of contribution between joint tortfeasors and recovery of indemnity for breach of warranty proceed on two wholly distinct theories and produce disparate results. [ footnote 7 ] see american stevedores, inc. v. porello, 330 u. s. 446 . recovery ..... unseaworthiness, [ footnote 3 ] and recovered a judgment against italia upon a general verdict. italia satisfied the judgment and thereupon brought this suit in a federal district court for indemnity from oregon. the district court found that the basis for griffith's recovery was not negligence on the part of the shipowner, but a condition of unseaworthiness created by the ..... january 8, 1964 decided march 9, 1964 376 u.s. 315 certiorari to the united states court of appeals for the ninth circuit syllabus 1. shipowner may recover indemnity from a stevedore for breach of implied warranty of workmanlike service where the stevedore, without negligence, has supplied defective equipment which injures its own employee who has recovered a judgment .....

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May 18 1964 (FN)

Clay Vs. Sun Ins. Office, Ltd.

Court : US Supreme Court

Decided on : May-18-1964

..... where it was made, prohibited direct action against the insurer until final determination of the obligation of the insured. the court of appeals relied in the main on hartford accident & indemnity co. v. delta & pine land co., 292 u. s. 143 , and home ins. co. v. dick, 281 u. s. 397 . those were cases where the activities in the ..... later. when the case reached here, the majority view was that the underlying constitutional question -- whether, consistently with due process, florida could apply its five-year statute to this illinois contract -- should not be reached until the florida supreme court, through its certificate procedure, [ footnote 2 ] had construed that statute and resolved another local law question. [ footnote 3 ] on remand ..... . after certification to and resolution by the state supreme court of certain local law questions following remand by this court, the court of appeals held that application to the contract of the five-year statute of limitations would violate due process. held: application of the statute of limitations of the forum state is consistent with due process and full ..... a claim thereunder twelve months after discovery of loss, moved to and became a resident of the forum state, which permitted claims up to five years after loss notwithstanding contract provisions requiring earlier legal action. invoking diversity jurisdiction, petitioner brought this action in the federal district court of the forum state to recover damages under the policy more than .....

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Apr 24 1964 (SC)

New Asiatic Insurance Co. Ltd. Vs. Pessumal Dhanamal Aswani and ors.

Court : Supreme Court of India

Decided on : Apr-24-1964

Reported in : AIR1964SC1736; (1964)66BOMLR702; 1965MHLJ257(SC); [1964]7SCR867

..... car insured under the policy, but merely amounted to a condition affecting the liability of the company vis a vis the driver who was entitled to indemnity under any other policy. the question thus reduces itself to the determination of whether pessumal comes within the persons indemnified in para. 3 of the ..... appearing in the certificate in order to comply with the act is recoverable from the insured, and refers to the avoidance clause. 24. thus the contract between the insured and the company may not provide for all the liabilities which the company has to undertake vis a vis the third parties, ..... in the policy of the company. 23. the act contemplates the possibility of the policy of insurance undertaking liability to third parties providing such a contract between the insurer and the insured, that is, the person who effected the policy, as would make the company entitled to recover the whole or ..... persons from the general classification will have to be related to considerations affecting it and is not to be related to such classified persons right to indemnity from any other insurer. in this connection reference may be made to proviso (b) which cannot in any case be a proviso relating to ..... 'other vehicles extension clause' respectively, are material and are set out in full : '3. in terms of and subject to the limitations of the indemnity which is granted by this section to the insured the company will indemnify any driver who is driving the motor car on the insured's order or with .....

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Dec 14 1964 (SC)

A. Venkata Subba Rao Vs. State of Andhra Pradesh

Court : Supreme Court of India

Decided on : Dec-14-1964

Reported in : AIR1965SC1773; [1965]2SCR577

..... and at prices fixed by government. it was, therefore, submitted that they were "agents" who would on the one hand be entitled to indemnity from the government for any loss that they might sustain in their engaging in the business of the agency of purchase and storage and sale on ..... of a new analytical jurisprudence gradually undermined lord mansfield's position. so long as the common lawyers thought in terms of procedure and associated quasi-contract with the writ of indebitatus assumpsit, they were content to accept the implications of unjust benefit. but when they abandoned their traditional forms and ..... of principal and agent. for this purpose reliance was placed on article 76 of bowstead on agency which runs: .lm15 " where an agent, by contracting personally, renders himself personally liable for the price of goods bought on behalf of his principal, the property in the goods, as between the principal ..... enforce the demand. in the case of some of them where there were amounts owing by government on account of rice supplied under the contract for supply referred to earlier or by reason of the government having collected the amounts from purchasers who were authorised to lift stocks from the ..... or to other licensed purchasers. the procurement price was in each case lower than the selling price and the procuring agents were under the contract entitled to the difference between the two prices. during the period with which we are concerned, three successive orders were made by the government .....

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May 01 1964 (SC)

Kettlewell Bullen and Co. Vs. Commissioner of Income-tax, Calcutta

Court : Supreme Court of India

Decided on : May-01-1964

Reported in : AIR1965SC65; [1964]53ITR261(SC); [1964]8SCR93

..... . 16. in the commissioners of inland revenue v. newcastle breweries ltd. 12 t.c. 927 compensation received under an order of the war compensation court,under the indemnity act, 1920, in addition to what was paid by the admiraltyfor rum taken over in exercise of the power under the defence of the realmregulations was held to be ..... of limestone and dolomitewas terminated when the purchaser the bengal iron company ltd. found the ratesuneconomical. a suit was then filed by the respondent for specific performanceof the contract and for an injunction restraining the company from purchasinglimestone and dolomite from any other person. a fresh agreement made betweenthe respondent and the company fell through because of ..... giving it lesssecurity than before. as compensation for loss resulting from the alterations,the manufacturers paid to the respondent company, a sum calculated on sales tothe trade during the contract period. it was held that this was a capitalreceipt, because, by the modification the framework of the respondent'sbusiness was impaired. 32. elaborate arguments were presented before ..... to complete repairs to a ship within the stipulatedperiod was regarded as revenue. 18. these cases illustrate the principle that compensation for injury totrading operations, arising from breach of contract or in consequence ofexercise of sovereign rights, is revenue. these cases must, however, be distinguishedfrom another class of cases where compensation is paid as a solatium for lossof .....

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Apr 20 1964 (FN)

Simpson Vs. Union Oil Co. of California

Court : US Supreme Court

Decided on : Apr-20-1964

..... the rights of others, whether they be creditors or sovereigns. thus, the device has been extensively regulated by the states. 22 am.jur., factors, 8; hartford indemnity co. v. illinois, 298 u. s. 155 . congress, too, has entered parts of the field, establishing by the act of june 10, 1930, 46 ..... manufacturer and selling to the public, such persons are to be treated as agents or as owners of the lamps consigned to them under such contracts." 272 u.s. at 272 u. s. 483 -484. to answer that question, the court examined the operative provisions of the consignment ..... noncompetitive prices on thousands of persons whose prices otherwise might be competitive. the evil of this resale price maintenance program, like that of the requirements contracts held illegal by standard oil co. of california v. united states, supra, is its inexorable potentiality for, and even certainty in, destroying competition ..... the public interest; and congress has closely patrolled price-fixing, whether effected through resale price maintenance agreements or otherwise. [ footnote 2 ] the exclusive requirements contracts struck down in standard oil co. v. united states, 337 u. s. 293 , were not saved because dealers need not have agreed to them, ..... parke, davis & co., 362 u. s. 29 , followed. p. 377 u. s. 17 . (d) a consignment, however lawful as a matter of private contract law, must yield to federal antitrust policy. p. 377 u. s. 18 . (e) the antitrust laws prevent the fixing of prices through many retail outlets by the .....

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Mar 23 1964 (FN)

United States Vs. J. B. Montgomery, Inc.

Court : US Supreme Court

Decided on : Mar-23-1964

..... . the legislative history indicates that the commission, in its presentation to the congress on 212(c), represented through its chairman that the legislation would disturb no property rights of the contract carrier. indeed, it asserted that such carriers would have "greater opportunity." [ footnote 5 ] moreover, the "keystone restrictions" page 376 u. s. 395 received the attention of ..... permitted it to carry commodities "dealt in, or used by" certain businesses without limitation, except that appellee was required page 376 u. s. 394 to have a contract with the shipper so engaged. although the commission has eliminated this last requirement by certificating appellee as a common carrier, the restriction it has imposed here limits shipments " ..... motor vehicle of passengers or property in interstate or foreign commerce, for compensation (other than transportation referred to in paragraph (14) and the exception therein), under continuing contracts with one person or a limited number of persons either (a) for the furnishing of transportation services through the assignment of motor vehicles for a continuing period of time ..... of commodities for shippers in specified businesses. acting under 212(c) of the interstate commerce act as amended in 1957, the interstate commerce commission (icc) converted appellee's contract carrier permit into a common carrier certificate, but imposed the restriction, challenged by appellee in this proceeding, that shipments be limited to those "from, to, or between .....

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May 25 1964 (FN)

Massachusetts Trustees Vs. United States

Court : US Supreme Court

Decided on : May-25-1964

..... separate charter. . . ." we will not refuse to accord it significance simply because the commission did not require the charterer to to through the formalities of the execution of a new contract. affirmed. [ footnote 1 ] hereafter "eastern." [ footnote 2 ] compare the opinion below, 312 f.2d 214, and united states v. eastport steamship corp., 216 f.supp. 649, ..... the charter. . . ." eastern equates this language with the "charter hire . . . fixed by the commission" under 5(b). without attempting the impossible task of reading into the charter contract the following method of accounting, eastern argues that this procedure is required by the statute: in addition to the required percent of the statutory sales price, the "charter hire reserved ..... such profits above $300 per day. the commission adopted a standard ship sales act charter ("shipsalesdemise 303") incorporating these provisions, and eastern chartered 10 vessels under such a contract dated october 1, 1946. market conditions allowed high profits to be earned in the first eight months of 1947. the commission decided to terminate existing charters, as it was ..... additional charter hire, one-half of such cumulative net voyage profit in excess of 10 percentum per annum. . . ." pursuant to a charter clause permitting termination of the contract, the commission notified petitioners of its intention to cancel the charter, but advised that the vessels could continue to be used under new terms, to which petitioners agreed, providing that .....

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Apr 20 1964 (FN)

Labor Board Vs. Fruit Packers

Court : US Supreme Court

Decided on : Apr-20-1964

..... 760 yakima, washington " this is not a strike against any store or market." "(p.s. -- pacific fruit & produce co. is the only firm packing washington state apples under a union contract.)" [ footnote 4 ] copies of the letter delivered to each store manager and of the instructions to pickets are printed in the appendix. [ footnote 5 ] the complaint charged violations of both ..... being packed by non-union firms, including 26 firms in the yakima valley. prior to this year, the 26 yakima valley firms had been parties to a collective bargaining contract with teamsters union local 760 of yakima, washington, but this year, when a new contract was being negotiated, the employers took the position that many of the basic provisions of the prior ..... contract, such as seniority, overtime, protection against unjust discharge, grievance procedure and union security, should be weakened or eliminated entirely. these extreme demands, plus a refusal to bargain in good faith, .....

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Mar 23 1964 (FN)

Banco Nacional De Cuba Vs. Sabbatino

Court : US Supreme Court

Decided on : Mar-23-1964

..... 1959); restatement, foreign relations law of the united states (proposed official draft 1962), 190-195. [ footnote 31 ] see doman, supra, note 26 at 1143-1158; fleming states, contracts and progress, 62-63 (1960); bystricky, notes on certain international legal problems relating to socialist nationalisation, in international assn. of democratic lawyers, proceedings of the commission on private international law ..... public acts a recognized foreign sovereign power committed within its own territory. i in february and july of 1960, respondent farr, whitlock & co., an american commodity broker, contracted to purchase cuban sugar, free alongside the steamer, from a wholly owned subsidiary of compania azucarera vertientes-camaguey de cuba (c.a.v.), a corporation organized under cuban ..... , the cuban government expropriated the corporation's property and rights. to secure consent for shipment of the sugar, the broker, by a new contract, agreed to make payment for the sugar to a cuban instrumentality which thereafter assigned the bills of lading to petitioner, another cuban instrumentality, and petitioner instructed its agent ..... -23, 1963 decided march 23, 1964 376 u.s. 398 certiorari to the united states court of appeals for the second circuit syllabus respondent american commodity broker contracted with a cuban corporation largely owned by united states residents to buy cuban sugar. thereafter, subsequent to the united states government's reduction of the cuban sugar quota .....

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