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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Page 100 of about 57,279 results (0.171 seconds)

Mar 23 1903 (FN)

Eastern Building and Loan Ass'n Vs. Williamson

Court : US Supreme Court

..... ." but it is not shown that there was any express agreement between the parties to change the terms of the original contract; the amendment was clearly prospective in its operation, knights templars' & m. l. indemnity co. v. jarman, 187 u. s. 197 , and we are unable to perceive that the mere borrowing or ..... of our own to these satisfactory declarations of the law of new york. a single matter remains to be noticed. it is contended that the contract evidenced by the certificates was changed by a loan subsequently obtained by the plaintiff from the defendant upon the security of the shares -- a loan ..... in new york independent of that created by these articles and statutes and shown by its decisions, and their effect upon the terms of the contract was a matter for judicial construction by the courts of south carolina. that the defendant so understood the matter is apparent from the instructions it asked ..... be given to the laws of new york as construed by its courts, and that, by reason thereof, "under the terms of the contract of membership, and the contract of loan, bylaws, and charter, the transaction between the plaintiff and defendant does not terminate merely upon making a fixed number of payments, ..... the promise to return the money so borrowed had in themselves any effect upon the prior contract. we see no error in the record, and the .....

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May 15 1922 (FN)

Hill Vs. Wallace

Court : US Supreme Court

..... antagonizing customers or other business connections or the public is a motive which quite commonly and properly influences the conduct of men. if, after the corporation has become a "contract market," its directors and managing officers should seek to subject the plaintiffs as members to unauthorized restrictions, or should attempt to deprive them of vested rights, page 259 u ..... board and all its privileges any authorized representative of any lawfully formed and conducted cooperative associations of producers having adequate financial responsibility: provided, that no rule of the contract market against rebating commissions shall apply to the distribution of earnings among bona fide members of any such associations. f when the governing body of the board shall make ..... board of directors would admit to membership on the board the representatives of the cooperative associations of producers; that the secretary of agriculture would designate such board as a contract market, and that such action by the board of directors would cause irreparable injury to the complainants and all the other members of the board. complainants set out ..... to be delivered or only nominally referred to, upon each and every privilege or option for a contract either of purchase or sale of grain, intending hereby to tax only the transactions known to the trade as 'privileges,' 'bids,' 'offers,' 'puts and calls,' 'indemnities,' or 'ups and downs.'" this is the imposition of an excise tax upon certain transactions .....

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May 01 1922 (FN)

Sloan Shipyards Corp. Vs. U.S. Fleet Corp.

Court : US Supreme Court

..... under the general laws of the district of columbia is persuasive, even standing alone, that it was expected to contract and to stand suit in its own person, whatever indemnities might be furnished by the united states. the judgment in this case also must be reversed. the third case ..... of the district of columbia (herein called the 'corporation') representing the united states of america, party of the second part." throughout the contract, the undertakings of the party of the second part are expressed to be undertakings of the corporation, and it is this corporation and its ..... upon a different footing from those formed under the laws of the states. we attach no importance to the fact that the second contract, alleged to have been illegally extorted, was made with the fleet corporation "representing the united states of america." the fleet corporation was ..... capital city iron works, and anacortes shipbuilding company. according to the allegations, on may 18, 1917, the new corporation made an elaborate contract with the sloan shipyards corporation for the building by the latter of sixteen wooden vessels. at that time, the emergency fleet corporation had only ..... , as we have said, is a claim of priority in bankruptcy. it was asserted against the estate of the eastern shore shipbuilding corporation, in the district court for the southern district of new york, under a contract .....

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Mar 05 1934 (FN)

Nebbia Vs. New York

Court : US Supreme Court

..... or legislature are correct, or otherwise. the court below refrained from expressing any opinion in that regard, notwithstanding its declaration "that legislative authority to abridge property rights and freedom of contract can be justified only by exceptional circumstances and, even then, by reasonable regulation only, and that legislative conclusions based on findings of fact are subject to judicial review." on the ..... in peace and war, under normal conditions or in emergencies; with cheerful submission to the rule of the supreme court that legislative authority to bridge property rights and freedom of contract can be justified only by exceptional circumstances and, even then, by reasonable regulation only, and that legislative conclusions based on findings of fact are subject to judicial review, we ..... denies due process. notwithstanding the admitted power to correct existing economic ills by appropriate regulation of business, even though an indirect result may be a restriction of the freedom of contract or a modification of charges for services or the price of commodities, the appellant urges that direct fixation of prices is a type of regulation absolutely forbidden. his position ..... sale of farm machinery, advance-rumely co. v. jackson, 287 u. s. 283 ; bonds for performance of building contracts, hartford accident & indemnity co. v. nelson mfg. co., 291 u. s. 352 . [ footnote 30 ] central lumber co. v. south dakota, 226 u. s. 157 . [ footnote 31 ] rast v. van deman & lewis co., 240 .....

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Mar 29 1937 (FN)

MartIn Vs. National Surety Co.

Court : US Supreme Court

..... liability is ended. the purpose of the statute "was not to dictate to the contractor what he should do with the money received on his contract after the contract had been performed." hobbs v. mclean, supra. a transfer of a warrant has need to be accompanied by safeguards lest the assignor may avoid ..... is argument to the contrary. according to that argument, the moneys were to be assigned in the event of default in the performance of the contract between the contractor and the government, and not upon the failure to pay persons other than the government who had claims against the contractor for materials ..... the grounds chosen, though narrower than those assigned below, may be expected to be helpful as a guide in other cases. the proceeds of the contract, when collected by martin under his power of attorney, were received by him with knowledge of the agreement between the contractor and the surety whereby such ..... was one of partnership. it placed its ruling upon the broad ground that, apart from any assignment or any statute, the proceeds of a building contract are chargeable in favor of materialmen with an equitable lien, which attaches upon collection, even if not before, and which cannot be overridden at the ..... assign the payments to the surety in the event of any breach or default in the contract, the proceeds to be credited upon any loss or damage. * there page 300 u. s. 591 was also a covenant of indemnity, and a covenant that, in the event of the filing of any liens, there would .....

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Mar 01 1943 (FN)

Hoopeston Canning Co. Vs. Cullen

Court : US Supreme Court

..... these. [ footnote 6 ] reciprocals' subscribers page 318 u. s. 320 in every state must execute their powers of attorney in accordance with specified forms and a standard form of contract must be used by all subscribers wherever they are located. certain forms of accounting are also required. advisory committees of the subscribers themselves, rather than appointed attorneys in fact must ..... the cause and extent of losses, and, on such trips, the engineer may give information concerning the enterprise to prospective participants, although he does not actively solicit business. the contracts reserved the right of the reciprocals to go into new york to repair, rebuild, or replace lost or damaged property. cf. pennsylvania lumbermen's mutual fire insurance co. v. ..... in that state. article 12, applicable to reciprocal insurance associations, defines them as aggregations of persons, firms, or corporations who under, a common name, engage in the business of exchanging contracts of insurance on the reciprocal plan through an attorney in fact. [ footnote 1 ] page 318 u. s. 315 the issue in this case is whether the appellants, reciprocal insurance ..... surely the object of all this activity is not the signing of a contract or a check, but the protection of property and payment of indemnity in case of loss by fire. these business transactions neither begin nor end with the contract. the intimacy of the relation of these insurance contracts to the state of new york becomes even more apparent when it is .....

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Jun 06 1955 (FN)

Carroll Vs. Lanza

Court : US Supreme Court

..... only contact of the forum was that it was the place of injury. bradford electric light co. v. clapper, supra. conversely, the court held that the place of contract could award compensation though the injury occurred elsewhere. alaska packers association v. industrial accident commission, supra. subsequently, the court held that the forum could prevail, even though the ..... to give an exclusive remedy, even for injuries incurred beyond its borders. but california also had a compensation act which undertook to fix liability on employers, irrespective of any contract, rule, or regulation, a provision which the california courts strictly enforced. the court therefore held that the exclusive nature of the massachusetts act was "obnoxious" to the policy ..... the employee automatically received 34 weekly payments hr the injury under the missouri compensation act, which provides exclusive remedies for injuries received inside or outside the state under employment contracts made in missouri, even as against the general contractor, but there was no final award under that act. the arkansas workmen's compensation act provides an exclusive remedy ..... that the missouri compensation act is not the exclusive remedy against the prime contractor when his contract with the subcontractor is made outside missouri. no such suggestion is made by any of the parties to this litigation. [ footnote 2 ] hogan and his indemnity company, intervenors, were granted a lien on the judgment in favor of carroll for the .....

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Dec 03 1962 (FN)

Pealman Vs. Reliance Ins. Co.

Court : US Supreme Court

..... 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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1990

Fmc Corp. Vs. Holliday

Court : US Supreme Court

..... the broader category of state laws that fall within the saving clause only. the act regulates persons in addition to insurance companies, and affects subrogation and indemnity agreements that are not necessarily insurance contracts. yet because it most assuredly is not a law "purporting" to regulate any of the entities described in the deemer clause -- "insurance companies, ..... of benefits," reads: "(a) general rule. -- except for workers' compensation, a policy of insurance issued or delivered pursuant to this subchapter shall be primary. any program, group contract or other arrangement for payment of benefits such as described in section 1711 (relating to required benefits), 1712(1) and (2) (relating to availability of benefits) or 1715 ( ..... claimant's tort recovery with respect to . . . benefits . . . payable under section 1719. [ footnote 1 ]" section 1719 refers to benefit payments by "[a]ny program, group contract or other arrangement." [ footnote 2 ] page 498 u. s. 56 respondent, proceeding in diversity, then sought and received a declaratory judgment in federal district court that 1720 prohibits fmc's ..... district court that 1720 of pennsylvania's motor vehicle financial responsibility law -- which precludes reimbursement from a claimant's tort recovery for benefit payments by a program, group contract, or other arrangement -- prohibits fmc's exercise of subrogation rights. the court of appeals affirmed, holding that the employee retirement income security act of 1974 (erisa), .....

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Jan 07 1907 (PC)

Hurmukhrai Amoluckchand Vs. Narotamdass Gordhandass

Court : Mumbai

Reported in : (1907)9BOMLR125

..... correspondence is most eloquent in the plaintiffs' favour on the question as to whether the plaintiffs were ready and willing or able to give delivery of the goods under the contracts which remained open on gordhandass' death. the plaintiffs did not go through the formality of tendering a delivery order or railway receipt in respect of the remaining 25 tons of ..... that there are no entries of these transactions in their firm's books-that the moonim knew nothing about the plaintifis' claim and that the transactions appeared to be wagering contracts. from what has transpired in the evidence of this moonim moolchand himself, i find it very difficult to believe that moolchand knew nothing about these transactions entered into by gordhandass ..... the plaintiffs entered into with other shroffs and merchants in connection with some of gordhandass' orders. it gordhandass had lived till the duo dates for the carrying out of these contracts probably no difficulty would have arisen, for he seems on previous occasions to have received his profits and paid his losses without raising any dispute. gordhaudass unlortunately died on the ..... not affect the main issues in the case mr. robertson has discussed before me various sections of the contract act governing the relations of principal and agent and raised questions as to whether the plaintiffs as agents of gordhandass were entitled to an indemnity, whether as such agents they have sustained any loss and whether on the death of gordhandass the plaintiffs .....

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