Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1977 Page 1 of about 74 results (0.072 seconds)

Apr 26 1977 (FN)

United States Vs. Consumer Life Ins. Co.

Court : US Supreme Court

Decided on : Apr-26-1977

..... consent, once given, may not be rescinded except with the approval of the secretary or his delegate." "(b) definition of modified coinsurance contract." "for purposes of this section, the term 'modified coinsurance contract' means an indemnity reinsurance contract under the terms of which -- " "(1) a life insurance company (hereinafter referred to as 'the reinsurer') agrees to indemnify another ..... from the one presented here, is simply unintelligible if congress thought that 801 embodied an unvarying rule that reserves follow the risk. a conventional coinsurance contract is a particular form of indemnity reinsurance. [ footnote 28 ] the reinsurer agrees to reimburse the ceding company for a stated portion of obligations arising out of the covered policies. ..... 11). the difference in computation methods is not material for present purposes. [ footnote 7 ] each was an indemnity reinsurance treaty, obligating the reinsurer to reimburse the ceding company for its share of losses. such treaties constitute contracts between the companies only; the policyholders are not involved, and usually remain unaware that part or all of the ..... companies to invest the dollars, and, under the treaties, they kept all resulting investment income. nor were they mere "paymasters," as the government contends, for indemnity reinsurance of this type does not relieve the ceding company of its responsibility to policyholders. had the taxpayers become insolvent, the insurer still would have been obligated to .....

Tag this Judgment!

Jun 09 1977 (FN)

Stencel Aero Engineering Corp. Vs. United States

Court : US Supreme Court

Decided on : Jun-09-1977

..... we must therefore consider the impact of these factors where, as here, the suit against the government is not brought by the serviceman himself, but by a third party seeking indemnity for any damages it may be required to pay the serviceman. clearly, the first factor considered in feres operates with equal force in this case. the relationship between the government ..... manufacture. stencel therefore claimed that, insofar as it was negligent at all, its negligence was passive, while the negligence of the united states was active. accordingly it prayed for indemnity as to any sums it would be required to pay to captain donham. [ footnote 3 ] the united states moved for summary judgment against donham, contending that he could ..... that the emergency eject system malfunctioned as a result of "the negligence and carelessness of the defendants individually and jointly." stencel then cross-claimed against the united states for indemnity, charging that any malfunction in the egress life support system used by donham was due to faulty specifications, requirements, and components provided by the united states or other ..... , missouri air national guard. [ footnote 2 ] there is no contractual relationship between the united states and stencel. stencel contracted with north american rockwell, the prime government contractor, to provide the f-100's pilot eject system. [ footnote 3 ] stencel's indemnity claim is based upon the law of missouri. see, e.g., feinstein v. edward livington & sons, inc., 457 .....

Tag this Judgment!

Apr 06 1977 (SC)

Union of India (Uoi) Vs. the Central India Machinery Manufacturing Com ...

Court : Supreme Court of India

Decided on : Apr-06-1977

Reported in : (1977)2SCC847; [1977]40STC246(SC)

..... of pre-emption. even so, much capital cannot be made out of the use of this loose expression in the indemnity bond, when the conditions embodied in the contract documents, read as a whole, clearly show that the property in the materials purchased by the company with the assistance ..... including steel or components will be reimbursed by the railway board.(underlining ours.)21. the material part of the indemnity bond, which was subsequently executed by the company in connection with the contract, provides : whereas under railway board's order no. 67/rs(i)/954/15 dated 23-12-1967 ..... not only collateral but also posterior in point of time to the contract. it will bear repetition that there is no conflict or inconsistency between standard condition 15 and ..... works, on production of a certificate to that effect from the concerned officer of the inspection and liaison organisation and on the firm furnishing necessary indemnity bond to the paying authority.note: 'on account' payment will be permissible only on steel procured according to joint director (iron & steel ..... intention of the contracting parties is primarily to be sought within the four corners of the documents containing the standard and special conditions of contract. if such intention is clearly discernible from these documents, it will not be proper to seek external aid from the stereotyped indemnity bond which is .....

Tag this Judgment!

Apr 06 1977 (SC)

Union of India Vs. Central India Machinery Manufacturing Company Ltd. ...

Court : Supreme Court of India

Decided on : Apr-06-1977

Reported in : (1977)6CTR(SC)220; 1977()WLN313

..... right of preemption. even so much capital cannot be made out of the use of this loose expression in the indemnity bond, when the conditions embodied in the contract documents read as a whole, clearly show that the property in the materials purchased by the company with the assistance ..... materials including steel or components will be reimbursed by the railway board.16. the material part of the indemnity bond which was subsequently executed by the company in connection with the contract, provides :'whereas under railway boards order no. 67/rs(i)/954/15 dated 23-12-1967, the ..... not only collateral but also posterior in point of time to the contract. it will bear repetition that there is no conflict or inconsistency between standard condition 15 and ..... , on production of a certificate to that effect from the concerned officer of the inspection and liaison organisation and on the firm furnishing necessary indemnity bond to the paying authority.note : on account payment will be permissible on steel procured according to joint director (iron & steel), calcutta ..... intention of the contracting parties is primarily to be sought within the four corners of the documents containing standard and special conditions of the contract. if such intention is clearly discernible from these documents, it will not be proper to seek external aid from the stereotyped indemnity bond which is .....

Tag this Judgment!

Jan 11 1977 (FN)

Mt. Healthy City Sch. Dist. Vs. Doyle

Court : US Supreme Court

Decided on : Jan-11-1977

..... difficulty disposing of, asserts that the $10,000 amount in controversy required by that section is not satisfied in this case. the leading case on this point is st. paul indemnity co. v. red cab co., 303 u. s. 283 (1938), which stated this test: "[t]he sum claimed by the plaintiff controls if the claim is apparently made in good ..... doyle sued petitioner mt. healthy board of education in the united states district court for the southern district of ohio. doyle claimed that the board's refusal to renew his contract in 1971 violated his rights under the first and fourteenth amendments to the united states constitution. after a bench trial, the district court held that doyle was entitled to reinstatement ..... award only compensatory damages, it was far from a "legal certainty" at the time of suit that respondent would not have been entitled to more than that amount. st. paul indemnity co. v. red cab co., 303 u. s. 283 , 303 u. s. 288 -289. pp. 429 u. s. 276 -277. 2. petitioner, in making its belated contention concerning 1983, failed ..... merits of respondent's claim under the first and fourteenth amendments. doyle was first employed by the board in 1966. he worked under one-year contracts for the first three years, and under a two-year contract from 1969 to 1971. in 1969, he was elected president of the teachers' association, in which position he worked to expand the subjects of direct .....

Tag this Judgment!

Nov 03 1977 (SC)

Jahar Roy (Dead) Through L.Rs. and anr. Vs. Premji Bhimji Mansata and ...

Court : Supreme Court of India

Decided on : Nov-03-1977

Reported in : AIR1977SC2439; (1977)4SCC562; [1978]1SCR770; 1978(10)LC19(SC)

..... not made for the benefit of the other contracting party who is the defendant to the action. he cannot insist on the indemnity or the offer of it; for it is no concern of his. all that he can require is that both the ..... two persons jointly then one of them cannot ordinarily require the other to join as plaintiff and cannot add him as a defendant, unless he offers him an indemnity against costs. this, however is a rule made for the protection of the joint contractor whom it is sought to add as plaintiff or defendant. it is ..... that even if it were held to be permissible for one joint promise to make the other a co-defendant, that would not be permissible without the tender of indemnity against costs, which was not done in this case. that rule finds a mention in halsbury's laws of england, third edition, at page 61 and appears ..... as the licence was given by the plaintiff and jitendra nath bose as joint promises of the property, the suit was not maintainable under section 45 of the contract act, hereinafter referred to as the act, by one of the joint promises without joining jitendra nath bose as a co-plaintiff.10. section 45 and the ..... persons, with whom he made his contract, are before the court. so long as they are both there, even if one is a defendant .....

Tag this Judgment!

Jun 29 1977 (FN)

Vendo Co. Vs. Lektro-vend Corp.

Court : US Supreme Court

Decided on : Jun-29-1977

..... writs proper and necessary to enforce its provisions. . . ." 21 cong.rec. 2456 (1890). later the same day, he said: "[congress] may 'regulate commerce;' can it not protect commerce, nullify contracts that restrain commerce, turn it from its natural courses, increase the price of articles, and therefore diminish the amount of commerce?" " * * * *" "[the power of the 'combinations'] for mischief will ..... federal courts apply significantly different standards in evaluating contracts in restraint of trade. [ footnote 2/37 ] page 433 u. s. 664 that fact provides the explanation for respondents' decision to withdraw their federal antitrust defense from ..... agreed on a lesser restraint which merely required respondents to sell at prices fixed by petitioner, the illinois court might also have concluded that respondents were bound by the contract even though the federal courts would have found it plainly violative of the sherman act. the illinois decision on the merits merely highlights the fact that state and ..... by the antitrust laws, either in a state or federal court. [ footnote 2/20 ] indeed, the enforcement of a covenant not to compete -- the classic example of a contract in restraint of trade -- typically takes place in a state court. [ footnote 2/21 ] these examples are sufficient to demonstrate that "litigation in state courts may constitute an antitrust .....

Tag this Judgment!

Jun 28 1977 (FN)

Nixon Vs. Administrator of General Services

Court : US Supreme Court

Decided on : Jun-28-1977

..... of certain of the materials. indeed, as the federal appellees argue, "appellant's depository agreement . . . created an imminent danger that the tape recordings would be destroyed if appellant, who had contracted phlebitis, were to die." brief for federal appellees 41. in short, appellant constituted a legitimate class of one, and this provides a basis for congress' decision to proceed with dispatch ..... in ogden v. saunders, 12 wheat. 213, 25 u. s. 286 , where the court stated: "by classing bills of attainder, ex post facto laws, and laws impairing the obligation of contracts together, the page 433 u. s. 538 general intent becomes very apparent; it is a general provision against arbitrary and tyrannical legislation over existing rights, whether of person or property ..... . 450 ; it is, beyond doubt, special legislation doing precisely the evil against which the prohibitions of the "bills of attainder, ex post facto laws, and laws impairing the obligation of contracts. . ." were aimed. ogden v. saunders, 12 wheat. at 25 u. s. 286 . page 433 u. s. 543 the concurring opinions make explicit what is implicit throughout the court's opinion .....

Tag this Judgment!

Apr 27 1977 (FN)

United States Trust Co. Vs. New Jersey

Court : US Supreme Court

Decided on : Apr-27-1977

..... 4. thus, the differential standard in perry emerged from the collision of competing grants of power to the federal government, and did not purport to suggest that the contract clause -- or its federal counterpart, the fifth amendment -- standing alone, would produce different standards for reviewing governmental interference with public and private contractual obligations. [ footnote 2 ..... legislators will not automatically be bound by the policies and undertakings of earlier days. in accordance with this philosophy, the framers of our constitution conceived of the contract clause primarily as protection for economic transactions entered into by purely private parties, rather than obligations involving the state itself. see g. gunther, constitutional law 604 ..... its statutory procedure for enforcing certain municipal assessments against property owners. the holders of bonds for which the assessments were pledged as security were found to have contract rights in the previous statutory scheme. without classifying the enforcement statutes as substantive or remedial, the court held the change unconstitutional because it "[took] from ..... important public interests in mass transportation, energy conservation, and environmental protection. 134 n.j.super. at 194-195, 338 a.2d at 873. yet the contract clause limits otherwise legitimate exercises of state legislative authority, and the existence of an important public interest is not always sufficient to overcome that limitation. "undoubtedly, .....

Tag this Judgment!

Mar 07 1977 (FN)

Nolde Bros., Inc. Vs. Bakery Workers

Court : US Supreme Court

Decided on : Mar-07-1977

..... of the union, and the employer had closed its business. i think this conclusion is neither required by existing precedent nor based upon any realistic appraisal of the contracting parties' intent. our cases, to be sure, have established the importance of arbitration in resolving disputes arising under collective bargaining agreements, and in thereby maintaining peaceful labor ..... be deemed to have been conscious of this policy when they agree to resolve their contractual differences through arbitration. consequently, the parties' failure to exclude from arbitrability contract disputes arising after termination, far from manifesting an intent to have arbitration obligations cease with the agreement, affords a basis for concluding that they intended to arbitrate all ..... to end automatically with the contract. pp. 430 u. s. 252 -253. (c) the parties clearly expressed their preference for an arbitral, rather than a judicial, interpretation of their obligations, and ..... established by the agreement. page 430 u. s. 244 there is nothing in the arbitration clause that expressly excluded from its operation a dispute arising under the contract but based on events occurring after its termination. absent some contrary indication, there are strong reasons to conclude that the parties did not intend their arbitration obligations .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //