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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Court: us supreme court Year: 1946 Page 1 of about 40 results (0.074 seconds)

Jun 10 1946 (FN)

Hust Vs. Moore-mccormack Lines, Inc.

Court : US Supreme Court

Decided on : Jun-10-1946

..... u. s. 732 responsible for keeping the ship in repair and for providing the seaman's supplies. for all of these expenditures not covered by insurance the contract purported expressly to provide for indemnity from the government. [ footnote 41 ] with so much of the former relation thus retained and so little of additional risk thrown on the operating agent, it ..... vessel is chartered. as to them, their status and the status of the government employees mentioned will be made uniform." " * * * *" ". . . they will continue to have the right to indemnity through court action for injury resulting from unseaworthiness of the vessel or defects in vessel appliances, and they (and their dependents) will have the right to action under the jones ..... , the united states maritime commission was created and the functions and duties of the former shipping board were transferred to it. [ footnote 22 ] under the standard forms of contract utilized for these arrangements by the shipping board and later by the maritime commission, the private operator, though designated as "agent" somewhat in the manner of the administration's general ..... in effect reserving decision on the question of remittitur pending outcome of decision on appeal. [ footnote 10 ] acting within its authority, cf. note 3 the administration utilized these standard contracts for making arrangements with private steamship companies for the operation of many of these vessels. 46 c.f.r. (cum.supp.) 306.44. they did not cover specific vessels. .....

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Apr 22 1946 (FN)

Seas Shipping Co., Inc. Vs. Sieracki

Court : US Supreme Court

Decided on : Apr-22-1946

..... is for these reasons that, throughout the long history of the maritime law, the right to maintenance and cure, and later the right to indemnity for injuries attributable to unseaworthiness, have been confined to seamen. longshoremen and harbor workers are in a class very different from seamen, and one ..... 80, 5; 57 & 58 vict. c. 60, 458. in this country, the right of the seaman to demand, in addition to maintenance and cure, indemnity for injuries resulting from unseaworthiness was first recognized by this court in the osceola, 189 u. s. 158 . in later cases, it has been established that ..... 367 ; atlantic transport co. v. imbrovek, 234 u. s. 52 . [ footnote 7 ] it has been suggested that "the seaman's right of indemnity for injuries caused by defective appliances or unseaworthiness seems to have been a development from his privilege to abandon a vessel improperly fitted out." the arizona v. anelich, ..... of appeals obviously went on this view. moreover the contention necessarily affects the bethlehem companies, at any rate in relation to possible claim of indemnity by petitioner. they have not been named as respondents here or served in accordance with rule 38(3). consequently we are precluded from making ..... places upon maritime workers and in the policy of the law to secure them indemnity against such hazards. obviously the norm of the liability has been historically, and still is, the case of the seaman under contract with the vessel's owner. this is because the work of maritime service .....

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Jan 07 1946 (FN)

Mason Vs. Paradise Irrigation District

Court : US Supreme Court

Decided on : Jan-07-1946

..... funds to respondent, but, acting through a bank, purchased the bonds at the composition figure and registered the bonds in its name; that, in accordance with the terms of the contract between respondent and the reconstruction finance corporation, page 326 u. s. 540 the old bonds so acquired remained obligations of respondent, were held by the reconstruction finance corporation as security ..... in the market, acquired merely a speculative position in the plan of composition. nor is it merely in the position of a holder of a majority of the bonds. by contract with the debtor, it has underwritten the whole refinancing program. it has ventured the capital necessary to effectuate the plan of composition. it has long been recognized in reorganization law ..... to be treated in situations like the present as a creditor. sec. 402 of the act provides that "any agency of the united states holding securities acquired pursuant to a contract with any petitioner under this chapter shall be deemed a creditor in the amount of the full face value thereof." the reconstruction finance corporation is such an agency. sec. 403 .....

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Jan 14 1946 (FN)

Railway Conductors Vs. Pitney

Court : US Supreme Court

Decided on : Jan-14-1946

..... and brt do not deny that orc members had performed the work in question continuously for more than thirty-five years or exclusively until the contract of 1943 with brt was made and put into effect. they allege no protest against this arrangement until shortly after the 1940 agreement with orc ..... the effect of the agreements made prior to 1943, and the board so finds, no "change" in violation of 6 was brought about by the 1943 contract, which, in that event, becomes merely declaratory of preexisting rights. the crucial issue is whether the 1943 agreement "changed" -- that is, altered the ..... orc and brt, respectively, as affected by the establishment of switching limits in 1929 and other matters bearing upon the interpretation of the written contracts and the rights of the parties. only after the adjustment board has acted can it be known whether a change in violation of 6 ..... has been proposed or has taken place in fact. whether the relief sought should be granted depends on whether the adjustment board finds that the 1943 contract with brt, or action taken thereunder, constitutes a "change in agreements affecting rates of pay, rules, or working conditions" within the meaning of ..... issue as a result of negotiations as to rules, rates of pay, and working conditions between it and the railroad, and that the 1940 contract specifically provided that this situation would not be changed without further agreement. thus, the proposed displacement of orc conductors would violate 6 of the railway .....

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Feb 04 1946 (FN)

Meyer Vs. Fleming

Court : US Supreme Court

Decided on : Feb-04-1946

..... missouri, k. & t. trust co. v. german nat'l bank, 77 f. 117, 122, 123; boston elevated ry. co. v. paul boynton co., 211 f. 812, 822, 823; hartford accident & indemnity co. v. federal bond & mortgage co., 59 f.2d 950, 956. see 1 clark on receivers (2d ed., 1929) 614, 615. [ footnote 11 ] glenn, the stockholder's suit, 33 yale ..... : "the trustee in bankruptcy is not obliged to maintain or continue every cause of action which the bankrupt may have. he is not bound to accept burdensome property nor unprofitable contracts ( atchison, t. & s.f. ry. co. v. hurley, 153 fed.rep. 503, aff'd, 213 u. s. 213 u.s. 126), nor is he obliged to intervene in any action .....

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Feb 25 1946 (FN)

Duncan Vs. Kahanamoku

Court : US Supreme Court

Decided on : Feb-25-1946

duncan v. kahanamoku - 327 u.s. 304 (1946) u.s. supreme court duncan v. kahanamoku, 327 u.s. 304 (1946) duncan v. kahanamoku argued december 7, 1945 decided february 25, 1946 * 327 u.s. 304 certiorari to the circuit court of appeal for the ninth circuit syllabus 1. section 67 of the hawaiian organic act, 31 stat. 141, 153, authorizing the territorial governor, in case of rebellion or invasion, or imminent danger thereof, when the public safety requires it, to suspend the privilege of the writ of habeas corpus or "place the territory . . . under martial law," did not give the armed forces, during a period of martial law, power to supplant all civilian laws and to substitute military for judicial trials of civilians not charged with violations of the law of war, in territory of the united states not recently regained from an enemy at a time when the dangers apprehended by the military are not sufficient to cause them to require civilians to evacuate the area and it is not impossible for the civilian government and the courts to function. pp. 327 u. s. 313 , 327 u. s. 324 . (a) although part of the language of 67 of the organic act is identical with a part of the language of the original constitution of hawaii, congress did not intend to adopt the decision of the supreme court of hawaii in in re kalanianaole, 10 hawaii 29, sustaining military trials of civilians in hawaii without adequate court review during periods of insurrection. p. 327 u. s. 316 . page 327 u. s. 305 (b) .....

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Feb 25 1946 (FN)

United States Vs. American Union Transport, Inc.

Court : US Supreme Court

Decided on : Feb-25-1946

..... contend, "in connection with" covers only forwarding businesses actually affiliated with a common carrier by water in a corporate sense, or under the control of or pursuant to a continuing contract with such a carrier, then plainly the maritime commission is without jurisdiction over these appellees, since none of them is controlled by or affiliated with a common carrier by water ..... covered by it. the scope of its legislation is, of course, for congress to determine, and not for the enforcing agency. inaction, no matter how consistent and long continued, cannot contract the reach of a statute. but much has properly been said about the important significance which attaches to the meaning given a statute by those whose duty it is to .....

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Feb 25 1946 (FN)

Lusthaus Vs. Commissioner

Court : US Supreme Court

Decided on : Feb-25-1946

..... v. harrelson, 282 u. s. 55 ; uterhart v. united states, 240 u. s. 598 , 240 u. s. 603 . in lucas v. earl, 281 u. s. 111 , the validity of the contract to transfer sums earned was not significant to the inquiry as to who earned the compensation. [ footnote 2 ] revenue bill of 1941, h.r.5417, as introduced, 77th cong., 1st .....

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Feb 25 1946 (FN)

Boutell Vs. Walling

Court : US Supreme Court

Decided on : Feb-25-1946

..... ] our findings of fact and conclusions of law are as follows: " findings of fact. -- 1. that mechanics employed by common and contract carriers and private carriers of property by motor vehicle, subject to part ii of the interstate commerce act, devote a large part of their time to activities which directly affect ..... following observation made by joseph b. eastman of the interstate commerce commission -- "the bill . . . gives the commission authority to prescribe maximum hours of service for the employees of common carriers, contract carriers, and private carriers of property. . . ." (italics supplied.) 79 cong.rec.12,229. see also s.rep. no.482, 74th cong., 1st sess. (1935) p. 1. [ footnote 8 ..... , uniform systems of accounts, records, and reports, preservation of records, qualifications and maximum hours of service of employees, and safety of operation and equipment." "(2) to regulate contract carriers by motor vehicle as provided in this part, and to that end the commission may establish reasonable requirements with respect to uniform systems of accounts, records, and reports, preservation ..... paragraphs (1) and (2) to confer power on the commission to establish reasonable requirements with respect to the qualifications and maximum hours of service of employees of common and contract carriers, thus restoring provisions that were in the rayburn bill, introduced in the seventy-third congress. . . ." "in order to make the highways more safe, and so that .....

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Feb 25 1946 (FN)

Ashcraft Vs. Tennessee

Court : US Supreme Court

Decided on : Feb-25-1946

ashcraft v. tennessee - 327 u.s. 274 (1946) u.s. supreme court ashcraft v. tennessee, 327 u.s. 274 (1946) ashcraft v. tennessee no. 381 argued february 6, 7, 1946 decided february 25, 1946 327 u.s. 274 certiorari to the supreme court of tennessee syllabus 1. on retrial of petitioner, whose conviction in a criminal case in a state court had been reversed by this court on the ground that it had been obtained by use of a coerced confession, ashcraft v. tennessee, 322 u. s. 143 , the jury was permitted to hear testimony narrating everything (except the confession) that took place during the inquisition at which the confession was obtained. this resulted in another conviction. held: there was no relevant distinction between the use of this evidence and the use of the confession, and the conviction is reversed as being contrary to the due process clause of the fourteenth amendment. p. 327 u. s. 278 . 2. in oral argument before this court in the earlier proceeding, the state's attorney admitted that the confession was the only evidence against petitioner, and this was mentioned in the opinion of this court, which reversed the conviction and remanded the cause to the state supreme court for proceedings not inconsistent with the opinion of this court. held: the mandate of this court did not forbid a new trial of petitioner. p. 279, n. *. 3. a state supreme court's construction of its own mandate is final. p. 279, n. *. reversed. page 327 u. s. 275 petitioner was convicted as an .....

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