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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1985 Page 1 of about 90 results (0.106 seconds)

Jun 26 1985 (FN)

Phillips Petroleum Co. Vs. Shutts

Court : US Supreme Court

Decided on : Jun-26-1985

..... the kansas supreme court rejected phillips' contention that royalty owners had "waived" their claims to interest by accepting payment of the royalties later or by failing to post an indemnity "acceptable" to phillips in order to receive contemporaneous payment of suspense royalties. the court noted that the "conditions imposed by phillips were far more stringent than the corporate ..... the second possibility, a "dramatic departure" must be distinguished from the application of general equitable principles to address new situations. phillips may criticize kansas' allegedly "unique notions of contract and oil and gas law," brief for petitioner 33, but such is not a constitutional objection. state courts, like this court, constantly must apply and develop general legal ..... at 1180. "[t]hese provisions, entered into between phillips and the producers, cannot unilaterally deprive royalty owners of interest which they would otherwise be entitled to receive under casinghead gas contracts in which the provisions do not appear." ibid. [ footnote 2/14 ] see 28 u.s.c. 1257: "final judgments or decrees rendered by the highest court of a ..... "suspense" price and royalties owed on gas used by phillips itself rather than sold. yet "phillips acknowledges . . . that its obligation to pay royalties under the various . . . contracts exists without regard to the actual disposition of the gas. " 235 kan. at 215, 679 p.2d at 1177 (emphasis added). thus, "[b]y choosing to withhold payment phillips was .....

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Oct 08 1985 (SC)

Commissioner of Wealth Tax, Punjab, J and K, Chandigarh, Patiala Vs. Y ...

Court : Supreme Court of India

Decided on : Oct-08-1985

Reported in : AIR1986SC959; [1985]156ITR525(SC); 1985(2)SCALE687; (1985)4SCC608; [1985]Supp3SCR565; 1986(1)LC674(SC)

..... for a term dependent on human life and shall be deemed to include -(a) the granting of disability and double or triple indemnity accident benefits, if so provided in the contract of insurance,(b) the granting of annuities upon human life; and(c) the granting of superannuation allowances and annuities payable out ..... the high court.13. in the light of the above discussion the position becomes quite clear that annuities dependent on human life constitute a species of contracts of life insurance and would normally fall within the expression 'any policy of insurance' occurring in section 5(1)(vi) of the act. the ..... 2, at page 1619, the following passages occur under the caption 'life insurance':life insurance. the insurance of the life of a person is a contract by which the insurer, in consideration of a certain premium, either in a gross sum or periodical payments, undertakes to pay the person for whose benefit ..... .foot-note 2 deals with 'ordinary long term insurance business' and says - 'ordinary long term insurance business' means the business of effecting and carrying out contracts of insurance on human life or to pay any annuities on human life (s. 83(2)(a) of insurance companies act, 1974)8. in bouvier's ..... contention, in our view, proceeds on a misconception of the true or real nature of a deferred annuity policy. it is well known that a contract of insurance based on human life can be effected in two ways, (a) the insurer, in consideration of payment of periodical premia, undertakes to .....

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May 28 1985 (FN)

Landreth Timber Co. Vs. Landreth

Court : US Supreme Court

Decided on : May-28-1985

..... 2/1 ] "the term 'security' means any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, . . . investment contract, voting-trust certificate, . . . or, in general, any interest or instrument commonly known as a 'security.'" 15 u.s.c. 77b(1). see also ante at 471 u. s. ..... , but only that, once the label "stock" did not hold true, we perceived no reason to analyze the case differently whether we viewed the instruments as "investment contracts" or as falling within another similarly general category of the definition -- an "instrument commonly known as a `security.'" under either of these general categories, the howey test ..... stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of deposit for a security, fractional undivided interest in oil, gas, or other mineral rights, . . . or, in general, any interest or instrument ..... received a letter offering the stock for sale. on the basis of the letter's representations concerning the rebuilding plans, the predicted productivity of the mill, existing contracts, and expected profits, dennis became interested in acquiring the stock. he talked to john bolten, a former client who had retired to florida, about joining him .....

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Jul 02 1985 (FN)

Mitsubishi Vs. Soler Chrysler-plymouth

Court : US Supreme Court

Decided on : Jul-02-1985

..... entirely, directed to european markets." "such a contract involves considerations and policies significantly different from those found controlling in wilko. in wilko, quite apart from the arbitration provision, there was no question but that the laws ..... england, and germany, and involved consultations with legal and trademark experts from each of those countries and from liechtenstein. finally, and most significantly, the subject matter of the contract concerned the page 473 u. s. 663 sale of business enterprises organized under the laws of and primarily situated in european countries, whose activities were largely, if not ..... need not be enforced. this construction is confirmed by the provisions of the convention which provide for the enforcement of international arbitration awards. article iii provides that each "contracting state shall recognize arbitral awards as binding and enforce them." however, if an arbitration award is "contrary to the public policy of [a] country" called upon to ..... inquiry into arbitrability. that is not to say that all controversies implicating statutory rights are suitable for arbitration. there is no reason to distort the process of contract interpretation, however, in order to ferret out the inappropriate. just as it is the congressional policy manifested in the federal arbitration act that requires courts liberally to .....

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Jun 03 1985 (FN)

Metropolitan Life Vs. Massachusetts

Court : US Supreme Court

Decided on : Jun-03-1985

..... [ footnote 5 ] page 471 u. s. 729 the substantive terms of group health insurance contracts, in particular, also have been extensively regulated by the states. for example, the majority of states currently require that coverage for dependents continue beyond any contractually imposed age ..... of insurance, are a subclass of such content regulation. while mandated benefit statutes are a relatively recent phenomenon, [ footnote 3 ] statutes regulating the substantive terms of insurance contracts have become commonplace in all 50 states over the last 30 years. [ footnote 4 ] perhaps the most familiar are those regulating the content of automobile insurance policies. ..... is preempted by that act, because it effectively imposes a contract term on the parties that otherwise would be a mandatory subject of collective bargaining. massachusetts brought an action in massachusetts superior court to enforce 47b against appellant ..... . . . or to be engaged in the business of insurance . . . for purposes of any law of any state purporting to regulate insurance companies [or] insurance contracts." appellant insurer in no. 84-356 contends that 47b, as applied to insurance policies purchased pursuant to collective bargaining agreements regulated by the national labor relations act (nlra), .....

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Jul 01 1985 (FN)

Sedima, S.P.R.L. Vs. Imrex Co., Inc.

Court : US Supreme Court

Decided on : Jul-01-1985

..... expansion of resort to rico in cases of alleged fraud or contract violation, rather than to the traditional remedies available in state court. as the court of appeals emphasized, it defies rational belief, particularly in light of the legislative ..... brought -- in the page 473 u. s. 530 unfettered discretion of private litigants -- in federal court against legitimate businesses seeking treble damages in ordinary fraud and contract cases. there is nothing comparable in those cases to the restraint on the institution of criminal suits exercised by government prosecutorial discretion. today's opinion inevitably will encourage continued ..... a type generally associated with professional criminals." aba report at 55-56. another survey of 132 published decisions found that 57 involved securities transactions and 38 commercial and contract disputes, while no other category made it into double figures. american institute of certified public accountants, the authority to bring private treble-damage suits under "rico" should ..... this action in the federal district court for the eastern district of new york. the complaint set out common law claims of unjust enrichment, conversion, and breach of contract, fiduciary duty, and a constructive trust. in addition, it asserted rico claims under 1964(c) against imrex and two of its officers. two counts alleged violations of .....

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Jun 28 1985 (FN)

Atascadero State Hosp. Vs. Scanlon

Court : US Supreme Court

Decided on : Jun-28-1985

..... turn out to be futile. moreover, the resulting abrogation of sovereign immunity would operate retroactively; even debts incurred years before the constitution was adopted -- and before either of the contracting parties expected that a judicial remedy against the state would be available -- would become the basis for causes of action brought under the two clauses in federal court. in short ..... to no such actions; and this new jurisdiction will subject the states, and many defendants to actions, and processes, which were not in the contemplation of the parties when the contract was made; all engagements existing between citizens of different states, citizens and foreigners, states and foreigners; and states and citizens of other states were made the parties contemplating the ..... the federal courts to exercise jurisdiction beyond the lawmaking powers of congress: it provides new remedies for state creditors "which were not in the contemplation of the parties when the contract was made." page 473 u. s. 273 another noted anti-federalist writer who published under the pseudonym "brutus" also attacked what he saw as the untoward implications of the ..... be to authorize suits against states for the debts they owe? how could recoveries be enforced? it is evident, that it could not be done without waging war against the contracting state; and to ascribe to the federal courts, by mere implication, and in destruction of a preexisting right of the state governments, a power which would involve such a .....

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May 20 1985 (FN)

Harper and Row Vs. Nation Enterprises

Court : US Supreme Court

Decided on : May-20-1985

..... to disseminate any such information in any media, including television, radio and newspaper and magazine interviews prior to the first publication of the work hereunder." app. 484. the contract thus makes clear that harper & row sought to benefit substantially from monopolizing the initial revelation of information known only to ford. because the nation was the first to convey ..... all those to whom the manuscript was shown also "sign an agreement to keep the manuscript confidential." app. to pet. for cert. 1c-20. while the copyright holders' contract with time required time to submit its proposed article seven days before publication, the nation's clandestine publication afforded no such opportunity for creative or quality control. id. at c ..... material. we granted certiorari, 467 u.s. 1214 (1984), and we now reverse. i in february, 1977, shortly after leaving the white house, former president gerald r. ford contracted with petitioners harper & row and reader's digest, to publish his as yet unwritten memoirs. the memoirs were to contain "significant hitherto unpublished material" concerning the watergate crisis, mr. ..... november 6, 1984 decided may 20, 1985 471 u.s. 539 certiorari to the united states court of appeals for the second circuit syllabus in 1977, former president ford contracted with petitioners to publish his as yet unwritten memoirs. the agreement gave petitioners the exclusive first serial right to license prepublication excerpts. two years later, as the memoirs were .....

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Apr 16 1985 (FN)

Allis-chalmers Corp. Vs. Lueck

Court : US Supreme Court

Decided on : Apr-16-1985

..... related to the application of terms of the contractual agreement. we pass no judgment on whether an independent, nonnegotiable, state-imposed duty which does not create similar problems of contract interpretation would be preempted under similar circumstances. [ footnote 12 ] here, for example, record evidence suggests that allis-chalmers, which ultimately was responsible for the benefit payments, ..... substantive interpretation under competing legal systems would tend to stimulate and prolong disputes as to its interpretation . . . [and] might substantially impede the parties' willingness to agree to contract terms providing for final arbitral or judicial resolution of disputes." id. at 369 u. s. 103 -104 (footnote omitted). for those reasons, the court in lucas flour ..... must be determined by federal law: "[t]he subject matter of 301(a) 'is peculiarly one that calls for uniform law.' . . . the possibility that individual contract terms might have different meanings under state and federal law would inevitably exert a disruptive influence upon both the negotiation and administration of collective agreements. because neither party could ..... to all employees, such as petitioner, who are represented by the union. the collective bargaining agreement also establishes a four-step grievance procedure for an employee's contract grievance. this procedure culminates in final and binding arbitration if the union chooses to pursue the grievance that far. app. 18-29. a separate letter of understanding .....

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Mar 18 1985 (FN)

Nrpc Vs. Atchison, T. and S. F. Ry. Co.

Court : US Supreme Court

Decided on : Mar-18-1985

..... . 732 -733, we have never held that the principles embodied in the fifth amendment's due process guarantee are coextensive with the prohibitions against state impairment of contracts under the contract clause, and, we observed, to the extent the standards differ, a less searching inquiry occurs in the review of federal economic legislation. see also n. 24 ..... contractual right against the united states to be free from all obligation to provide passenger service. while there can be no doubt that the basic agreements are contracts, they are contracts not between the railroads and the united states, but simply between the railroads and the nongovernmental corporation, amtrak. the united states was page 470 u. ..... a contractual obligation of the united states; that obligation, the railroads asserted, was unconstitutionally impaired by the subsequent legislation. third, they argued that, even if no contract existed between the united states and the railroads, the statutory requirement that the railroads pay amtrak for allowing pass riders constituted a deprivation of property without due process. ..... failing intercity passenger train industry. for this purpose, the act established the national railroad passenger corporation (amtrak), a private, for-profit corporation, authorized to operate, or contract with private railroads for the operation of, intercity rail passenger service. most private railroads offering such service entered into "basic agreements" with amtrak, and thereby, as provided .....

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