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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Court: us supreme court Year: 1948 Page 1 of about 42 results (0.100 seconds)

Jun 14 1948 (FN)

United States Vs. Zazove

Court : US Supreme Court

Decided on : Jun-14-1948

..... usage of this term in commercial insurance policies. [ footnote 10 ] see aschenbrenner v. united states fidelity & guaranty co., 292 u. s. 80 , 292 u. s. 84 et seq.; manufacturers' accident indemnity co. v. dorgan, 58 f. 945, 956. [ footnote 11 ] aschenbrenner v. united states fidelity & guaranty co., supra, note 10 at 292 u. s. 84 -85. [ footnote 12 ] ..... , 1924, [ footnote 26 ] provided for payment of insurance benefits in 240 equal monthly installments, but authorized the veterans' administration (formerly the veterans' bureau) to provide in the contract page 334 u. s. 618 of insurance "for optional settlements, to be selected by the insured, whereby such insurance may be made payable either in one sum or in installments ..... for construing it in favor of the insured. [ footnote 10 ] there is, of course, a marked distinction between the criteria for judicial construction of an ordinary commercial insurance contract and construction of the provisions of an act of congress setting up a system of national life insurance for servicemen to be administered by a governmental agency. the statutory provisions ..... regard the continuing payability of monthly installments, after the payment of the 120 installments certain, as possibly constituting a significant component of the insurance for which the serviceman had contracted, rather than a sheer gratuity conferred by congress, that the court could view the subsection as plainly and without ambiguity requiring the face value of the insurance to be .....

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Jan 19 1948 (FN)

United States Vs. Sullivan

Court : US Supreme Court

Decided on : Jan-19-1948

united states v. sullivan - 332 u.s. 689 (1948) u.s. supreme court united states v. sullivan, 332 u.s. 689 (1948) united states v. sullivan no. 121 argued december 9, 1947 decided january 19, 1948 332 u.s. 689 certiorari to the circuit court of appeals for the fifth circuit syllabus 1. it is a violation of 301(k) of the federal food, drug, and cosmetic act of 1938 for a retail druggist who has purchased sulfathiazole tablets from a wholesaler in the same state (who had obtained them by way of an interstate shipment) to remove a dozen of them from a properly labeled bulk container in which they were shipped in interstate commerce and in which they were being held for resale, place them in a pill box labeled "sulfathiazole" but not containing the statutorily required directions for use or warnings of danger, and sell them locally to a retail purchaser. pp. 332 u. s. 695 -697. (a) the removal of drugs from a container labeled in accordance with the requirements of the act to one not so labeled is the doing of an act which results in their being "misbranded" within the meaning of 301(k). p. 332 u. s. 695 . (b) although a previous intrastate sale had occurred following the interstate shipment, and although the retail sale in question occurred over six months after completion of the shipment in interstate commerce, the sulfathiazole tablets in this case were "held for sale after shipment in interstate commerce" within the meaning of 301(k). pp. 332 u. s. 695 -696. (c) the purpose .....

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Mar 08 1948 (FN)

United States Vs. Line Material Co.

Court : US Supreme Court

Decided on : Mar-08-1948

..... be relieved from its obligation under said section." [ footnote 9 ] in the line-general electric license agreement of march 15, 1940, the first under the revised line-southern contract, the price maintenance provision was as follows: "9. the license hereby granted by the licensor is subject to the express limitations that" "as to dropout fuse cutouts manufactured ..... we indicated at the first of this opinion, that the general electric case controlled and permitted such price arrangements as are disclosed in page 333 u. s. 299 the contracts the district court dismissed the complaint. the government attacks the rationale of the general electric case and urges that it be overruled, limited and explained, or differentiated. ii ..... . the licenses that were the subject of the escrow contained the price provisions of general electric's license. this awareness by each signer of the price provisions in prior contracts is conceded by appellees' brief. a price schedule became effective january 18, 1941. thereafter, all the appellees tried to maintain prices. where there was accidental variation, line ..... 4 of the sherman act [ footnote 1 ] in the district court against continuance of violations of that act by an allegedly unlawful combination or conspiracy between appellees, through contracts, to restrain interstate trade in certain patented electrical devices. the restraint alleged arose from a cross-license arrangement between the patent owners, line material company and southern states equipment .....

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Mar 08 1948 (FN)

United States Vs. Baltimore and Ohio R. Co.

Court : US Supreme Court

Decided on : Mar-08-1948

..... also provides that the word "transportation," as used in the act, shall broadly include "locomotives . . . and all instrumentalities and facilities of shipment or carriage, irrespective of ownership or of any contract, express or implied, for the use thereof. . . ." it is true, as appellees argue, that the above language of 1(3)(a) is definitional only. ellis v. interstate commerce commission ..... by railroad." section 1(3)(a) defines the term "railroad" as including "all the road in use by any common carrier operating a railroad, whether owned or operated under a contract, agreement, or lease, and also all switches, spurs, tracks. . . ." as one of the many other indications that congress did not intend its railroad regulatory provisions to depend ..... use of trackage. in fact, this court has long recognized that the purpose of congress to prevent certain types of discriminations and prejudicial practices could not be frustrated by contracts, even though the contracts were executed before enactment of the legislation. see philadelphia, baltimore & washington r. co. v. schubert, 224 u. s. 603 , 224 u. s. 613 -614; louisville & ..... was justified in including, in an order against certain railroads to cease discriminatory practices, a noncarrier owner of a segment of track who required such discriminatory practices pursuant to the contract leasing such track to one of the railroads. p. 171, n 2. 71 f.supp. 499 reversed. the interstate commerce commission issued a cease and desist order .....

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Apr 26 1948 (FN)

Ftc Vs. Cement Institute

Court : US Supreme Court

Decided on : Apr-26-1948

..... the companies showing delivered prices at substantially all delivery points. northwestern and superior assert that, among other distinctive practices of theirs, they were willing to and did bid for government contracts on a mill price, rather than a delivered price basis. huron points out that it permitted the use of trucks to deliver cement, which practice, far from being consistent with ..... to make the multiple basing point system work in such way that competition in quality, price, and terms of sale of cement would be nonexistent, and that uniform prices, job contracts, discounts, and terms of sale would be continuously maintained. the commission found that many of these activities page 333 u. s. 710 were carried on by the cement institute, the ..... the rights of a trade association, despite the sherman act, openly to gather and disseminate statistics and information as to production costs, output, past prices, merchandise on hand, specific job contracts, freight rates, etc., so long as the association did these things without attempts to foster agreements or concerted action with reference to prices, production, or terms of sale. such associations .....

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May 03 1948 (FN)

Shelley Vs. Kraemer

Court : US Supreme Court

Decided on : May-03-1948

..... of the phrase. the undisputed facts disclose that petitioners were willing purchasers of properties upon which they desired to establish homes. the owners of the properties were willing sellers, and contracts of sale were accordingly consummated. it is clear that, but for the active intervention of the state courts, supported by the full panoply of state power, petitioners would have been ..... block where our land is located is subjected to this or a similar restriction." the agreement provided that the restrictions were to remain in effect until january 1, 1960. the contract was subsequently recorded, and similar agreements were executed with respect to eighty percent of the lots in the block in which the property in question is situated. by deed dated ..... the missouri case. in june, 1934, one ferguson and his wife, who then owned the property located in the city of detroit which is involved in this case, executed a contract providing in part: "this property shall not be used or occupied by any person or persons except those of the caucasian race. " page 334 u. s. 7 "it is further ..... from twenty-three to sixty-three years. a fifth parcel had been occupied by negroes until a year before this suit was instituted. on august 11, 1945, pursuant to a contract of sale, petitioners shelley, who are negroes, for valuable consideration received from one fitzgerald a warranty deed to the parcel in question. [ footnote 1 ] the trial court found that petitioners .....

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May 10 1948 (FN)

Mandeville Island Farms Vs. American Crystal Sugar

Court : US Supreme Court

Decided on : May-10-1948

..... see note 5 only the allegations of the sherman act count. the stipulation provided for following this course without prejudice to further assertion by petitioners of rights under the two contract counts within a specified period following final determination of the sherman act issues. [ footnote 2 ] it was alleged that the beets, when harvested, are "bulky and semi ..... . reversed and remanded. [ footnote 1 ] the original complaint contained three counts, the first alleging violations of the sherman act, and the second and third charging breach of contracts made in 1940 and 1941, respectively. in order to expedite decision and review upon the sherman act contention, by stipulation, the amended complaint was filed setting forth, with an ..... the fact that a refining or manufacturing process constitutes an intermediate stage in the whole. to compare an industry so completely interlocked in all its stages, by all-inclusive contract as well as by industrial structure and organization, with one like producing, processing, and marketing fruits, vegetables, corn, or other products susceptible of various uses and under ..... the crops so grown, when harvested, were not "sold in central markets, as were potatoes, onions, corn, grain, fruit and berries, but were produced by growers under contract with manufacturers or processors, and, immediately upon being harvested, were delivered to these manufacturers and taken to their beet sugar refineries, where the sugar beets were manufactured by an elaborate .....

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Jun 01 1948 (FN)

Hilton Vs. Sullivan

Court : US Supreme Court

Decided on : Jun-01-1948

..... restored to his old job with the federal government, and cannot be discharged therefrom without cause for one year. thus, unlike the employees in the fishgold case whose private employment contract-derived seniority prevented their being laid off, petitioner has no comparable statutorily derived seniority rights to his job with the government. petitioner argues, however, that 12 of the veterans' preference ..... by the fact that civil service workers, unlike the private employees in the fishgold case, are not confronted by a situation in which their employer, the government, has an outstanding contract with them providing that they shall be retained in service in proportion to their "length of service" as reductions in force become necessary. whatever seniority rights government employees have when ..... , a veteran restored to his job be given continuous work for one year after his reinstatement in preference to other nonveteran employees who, under the terms of company employer-employee contract, were entitled to such work by reason of their greater "length of service." there are several reasons why we cannot accept petitioner's argument that the fishgold case requires the .....

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Jun 07 1948 (FN)

Bay Ridge Operating Co., Inc. Vs. Aaron

Court : US Supreme Court

Decided on : Jun-07-1948

..... the immediate problem before us is the fact that, because the fair labor standards act had been "interpreted judicially in disregard of long established customs, practices, and contracts between employers and employees," congress had to undo such judicial misconstruction because it found that "voluntary collective bargaining would be interfered with, and industrial disputes between employees ..... time hours relevant to a determination of the respondents' rate of pay. the district court thought the concentration was significant. it did not test whether the contract overtime rates contained overtime premium payments by considering whether the employee actually received extra compensation for excess hours. we accept the district court's holding that this ..... as pay. further, we reject the argument that, under the statute, an agreement reached or administered through collective bargaining is more persuasive in defining regular rate than individual contracts. although our public policy recognizes the effectiveness of collective bargaining and encourages its use, [ footnote 17 ] nothing to our knowledge in any act authorizes us to ..... held otherwise. [ footnote 6 ] throughout all these proceedings, the petitioners have been represented by the department of justice, since the united states, under its cost-plus contracts with the petitioners, is the real party in interest. substantially all stevedoring during the war years was performed for the account of the united states. the solicitor general .....

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Jun 07 1948 (FN)

United States Vs. Columbia Steel Co.

Court : US Supreme Court

Decided on : Jun-07-1948

..... fact that the figures for estimated consumption included only seven states as against eleven in the consolidated market, consolidated's purchases in 1946 were principally devoted to finishing up war contracts. the figures for estimated consumption were based on the assumption that the level of activity would be considerably lower than during the war. [ footnote 10 ] the table ..... 531 to decline with an increase in volume, it does not seem to us that it has been shown that competition in this field between the parties to this contract is so substantial that its elimination under these circumstances constitutes an unreasonable restraint. the government cites four antitrust cases involving railroads to support its argument that control by one ..... likewise conclude that the elimination of competition between consolidated and national tube (a united states steel subsidiary) does not constitute an unreasonable restraint. competition at the time of the contract was restricted to the sale of large diameter pipe for oil and gas pipelines, see pages 334 u. s. 516 to 518, supra, and the only indication in ..... fabricators. looking at the situation here presented, we are unwilling to hold that possibilities of interference with future competition are serious enough to justify us in declaring that this contract will bring about unlawful restraint. we conclude that, in this case, the government has failed to prove that the elimination of competition between consolidated and the structural fabricating .....

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