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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Court: us supreme court Year: 1960 Page 1 of about 50 results (0.181 seconds)

Jun 13 1960 (FN)

Clay Vs. Sun Ins. Office, Ltd.

Court : US Supreme Court

Decided on : Jun-13-1960

..... application of the louisiana law was challenged as an unconstitutional denial of equal protection, due process, full faith and credit, and an unconstitutional impairment of contract. we rejected all these contentions. the policy of insurance there, like the one here, was to be given nationwide effect. we held there, ..... attorney general) to protect its people. in now come to the constitutional question which is avoided and which i would decide. this insurance contract was made in the state of illinois. there are illinois cases indicating that the contractual provision shortening page 363 u. s. 217 the illinois ..... justice frankfurter delivered the opinion of the court. in 1952, petitioner, while a citizen and resident of illinois, purchased from respondent in illinois the contract of insurance upon which this suit is based. the respondent is a british company licensed to do business in illinois, florida, and nine other states. ..... tug only while it was in mexican waters. in hartford accident & indemnity co. v. delta & pine land co., 292 u. s. 143 , the court held that mississippi could not constitutionally apply its own law to invalidate a contract clause limiting the insurer's liability on a surety bond against defalcations ..... free to enforce its own contract policies." id. at 348 u. s. 73 . page 363 u. s. 220 in the watson case, we also rejected a contention that the cases relied on by the court here as throwing a cloud upon the florida statute, hartford accident & indemnity co. v. delta & .....

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Nov 21 1960 (FN)

Waterman S.S. Corp. Vs. Dugan and Mcnamara, Inc.

Court : US Supreme Court

Decided on : Nov-21-1960

..... cargo, not the petitioner, had actually engaged the respondent to unload the ship. the district court directed a verdict for the respondent, holding that a shipowner had no right of indemnity against a stevedore under the circumstances alleged in the absence of a direct contractual relationship page 364 u. s. 423 between them. the court of appeals for the third circuit ..... agreement with a shipowner is liable to indemnify the owner for damages sustained as a result of the stevedore's breach of his warranty to perform the obligations of the contract with reasonable safety. this warranty of workmanlike service extends to the handling of cargo, as in ryan, as well as to the use of equipment incidental to cargo handling, ..... the longshoreman's injuries, but that "the direct, proximate, active and substantial cause of the accident" had been the negligence of the respondent, who, by "failing to perform the contracted stevedoring services in a safe, proper, customary, careful and workmanlike manner," had brought the existing unseaworthy condition into play. as an affirmative defense, the respondent stevedore alleged that there had ..... 's injuries resulted from respondent's failure to perform its work in a workmanlike manner. held: respondent was liable to the shipowner, even though there was no privity of contract between respondent and the shipowner and regardless of whether the longshoreman's original claim was asserted in an in rem or an in personam proceeding, since respondent's warranty of .....

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Jan 20 1960 (SC)

Alopi Parshad and Sons Ltd. Vs. Union of India (Uoi)

Court : Supreme Court of India

Decided on : Jan-20-1960

Reported in : AIR1960SC588; 1960(2)MhLj46; [1960]2SCR793

..... , is imposed upon the employer, the arbitrators could not award compensation to the agents in excess of the expressly stipulated consideration. the claim made by the agents was not for indemnity for consequences of acts lawfully done by them on behalf of the government of india; it was a claim for charges incurred by them in excess of those stipulated. such ..... 'which justice demands' (lord sumner in hirji mulji v. cheong yue steamship co. ltd. (1926) ac 497 (510), this result is arrived at by putting a just construction upon the contract in accordance with an 'implication ............. from the presumed common intention of the parties' - speech of lord simon in british movietonews ltd. v. london and district cinemas ltd. l.r. 1952 ..... maintained by the agents, they had spent rs. 6,77,542-0-3. granting that the agents had incurred this additional expenditure under the head 'establishment and contingencies', when the contract expressly stipulated for payment of charges at rates specified therein, we fail to appreciate on what ground the arbitrators could ignore the express covenants between the parties, and award to ..... insisting upon any modification of the agreement, because they found, and it must be presumed that they found, it profitable to do so under the terms fixed under the supplementary contract dated june 20, 1942. the claims made for the additional buying remuneration, for mandi charges and for establishment and contingency charges, were denied. it was urged that, in any event .....

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Nov 14 1960 (FN)

Knetsch Vs. United States

Court : US Supreme Court

Decided on : Nov-14-1960

..... knetsch would have paid off in cash the original $4,000,000 "loan." [ footnote 4 ] every court which has considered this or similar contracts has agreed with our conclusion, except the court of appeals for the fifth circuit in the bond case and one district court bound by that ..... enough. there is page 364 u. s. 369 first the fact that the provision was incorporated in the section covering life insurance and endowment contracts, which unquestionably was adopted to further that policy. there is second the fact that congress' attention was directed to annuities in 1954; the same ..... 2d sess., p. 24. congress then, in 1942, denied a deduction for amounts paid on indebtedness incurred to purchase single premium life insurance and endowment contracts. this provision was enacted by an amendment to the 1939 code, 56 stat. 827, "to close a loophole" in respect of interest allocable to partially ..... they point out that 264(a)(2) denies a deduction for amounts paid on indebtedness incurred to purchase to carry a single premium annuity contract, but only as to contracts purchased after march 1, 1954. [ footnote 5 ] the petitioners thus would attribute to congress a purpose to allow the deduction of ..... he borrowed from the company nearly all of the excess of the cash surrender value which the bonds would have at the end of the first contract year over the amount of the existing "indebtedness," and again paid in advance the "interest" on such additional "indebtedness." these borrowings and "interest .....

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Jan 18 1960 (FN)

Mitchell Vs. Robert Demario Jewelry, Inc.

Court : US Supreme Court

Decided on : Jan-18-1960

..... intimate no view as to the validity of the premise, for it in no way supports the conclusion. whatever the rights of the parties may be under traditional notions of contract law, it is clear that, under 15(a)(3), such a discharge is not permissible. even assuming, without deciding, that the act did not contemplate the private vindication of rights .....

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Feb 23 1960 (FN)

Labor Board Vs. Insurance Agents' Int'l Union

Court : US Supreme Court

Decided on : Feb-23-1960

..... of economic weapons that may be used as part of collective bargaining, it would be in a position to exercise considerable influence upon the substantive terms on which the parties contract. as the parties' own devices became more limited, the government might have to enter even more directly into the negotiation of collective agreements. our labor policy is not presently ..... 361 u. s. 490 a sense of responsibility, a responsiveness to government and public opinion, and moral principle; but, in time, these forces generate their own compulsions, and negotiating a contract approaches the ideal of informed persuasion." cox, the duty to bargain in good faith, 71 harv.l.rev. 1401, 1409. for similar reasons, we think the board's approach involves ..... is the representative of his employees. . . ." the precise question is whether the board may find that a union, which confers with an employer with the desire of reaching agreement on contract terms, has nevertheless refused to bargain collectively, thus violating that provision, solely and simply because, during the negotiations, it seeks to put economic pressure on the employer to yield to ..... relations act, as amended, it appeared that the union had conferred with the employer at the bargaining table for the purpose and with the desire of reaching an agreement on contract terms, but that, during the negotiations, it had sponsored concerted on-the-job activities by its members of a harassing nature designed to interfere with the conduct of the .....

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Feb 23 1960 (FN)

Lewis Vs. Benedict Coal Corp.

Court : US Supreme Court

Decided on : Feb-23-1960

..... amount payable to the fund, but could withhold the amount which is owing it for breach of the union's undertaking. the court holds that this is not such a contract, although the agreement was not merely a single document with obviously interrelated sections, but specifically provided, "this agreement is an integrated instrument, and its respective provisions are interdependent ..... really another form of compensation to the employees, [ footnote 10 ] and, as such, the obligation to pay royalty might be thought to be incorporated into the individual employment contracts. this is not to say that the same treatment should necessarily be accorded to royalty payments as is accorded to wages, but the similarity militates against the inference page 361 ..... the provision in another article that the no-strike clauses are "part of the consideration of this contract." however, the specific provisions of the article creating the fund provide: (1) "during the life of this [collective bargaining] agreement, there shall be paid into such fund by ..... is to be construed as making performance by the union of its promises a condition precedent to benedict's promise to pay royalty to the trustees. benedict argues that the contracting parties expressed this meaning in an article at the close of the agreement -- "this agreement is an integrated instrument, and its respective provisions are interdependent" -- and in .....

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Feb 29 1960 (FN)

United States Vs. Parke, Davis and Co.

Court : US Supreme Court

Decided on : Feb-29-1960

..... consideration" in favor of permitting a seller to choose his customers. but we are left wholly in the dark as to what the purported new standard is for establishing a "contract, combination . . . or conspiracy." second. the court is mistaken in attributing to the district court the limited view that parke davis' activities should, under colgate, be upheld unless they ..... was carried forward by bausch & lomb, later established that such agreements or contractual arrangements need not be shown. recognizing that 1 and 3 of the sherman act explicitly require a "contract, combination . . . or conspiracy," the court says this requirement is satisfied by conduct which falls short of express or implied agreement if it goes beyond the seller's mere ..... in restraint of trade or commerce . . . between the district of columbia and any state or states or foreign nations, is hereby declared illegal. every person who shall make any such contract or engage in any such combination or conspiracy, shall be deemed guilty of a misdemeanor. . . ." "sec. 4. the several district courts of the united states are hereby invested ..... a customer who will not observe his announced policy. in the cases decided before beech-nut, the court's inquiry was directed to whether the manufacturer had entered into illicit contracts, express or implied. the district court in this case apparently assumed that the government could prevail only by establishing a contractual arrangement, albeit implied, between parke davis and its .....

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Mar 21 1960 (FN)

Flora Vs. United States

Court : US Supreme Court

Decided on : Mar-21-1960

..... u. s. 158 . as a result of that case, collectors of customs who collected monies, paid under protest, resorted to the practice of withholding such amounts from the government as indemnity against loss should a refund suit against them be successful. see plumb, tax refund suits against collectors of internal revenue, 60 harv.l.rev. 685, 688-689. that practice led ..... the district courts over "all claims [against the united states, not exceeding $1,000] founded upon the constitution of the united states or any law of congress, . . . or upon any contract, expressed or implied, with the government of the united states, or for damages, liquidated or unliquidated, in cases not sounding in tort, in respect of which claims the party would .....

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Apr 04 1960 (FN)

Mitchell Vs. H. B. Zachry Co.

Court : US Supreme Court

Decided on : Apr-04-1960

..... , though for some purposes an independent governmental agency under texas law, may here be dealt with simply as the water supply system of the included city of corpus christi. its contract with the city requires it to supply the city with the entire water output; and the city, in turn, agrees to operate and maintain the completed dam and impounding facilities .....

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