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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Court: us supreme court Year: 1964 Page 1 of about 48 results (0.059 seconds)

Mar 09 1964 (FN)

italia Societa Vs. Oregon Stevedoring Co., Inc.

Court : US Supreme Court

Decided on : Mar-09-1964

..... mr. justice white delivered the opinion of the court. this is an action by a shipowner, italia societa per azioni di navigazione (italia), against a contracting stevedore company, oregon stevedoring company (oregon), to recover indemnity for breach of the stevedore's implied warranty of workmanlike service. the issue presented is whether the warranty is breached where the page 376 u. s ..... in ryan was not merely an escape from the no-recovery consequences of halcyon, as is evidenced by the fact that recovery of contribution between joint tortfeasors and recovery of indemnity for breach of warranty proceed on two wholly distinct theories and produce disparate results. [ footnote 7 ] see american stevedores, inc. v. porello, 330 u. s. 446 . recovery ..... unseaworthiness, [ footnote 3 ] and recovered a judgment against italia upon a general verdict. italia satisfied the judgment and thereupon brought this suit in a federal district court for indemnity from oregon. the district court found that the basis for griffith's recovery was not negligence on the part of the shipowner, but a condition of unseaworthiness created by the ..... january 8, 1964 decided march 9, 1964 376 u.s. 315 certiorari to the united states court of appeals for the ninth circuit syllabus 1. shipowner may recover indemnity from a stevedore for breach of implied warranty of workmanlike service where the stevedore, without negligence, has supplied defective equipment which injures its own employee who has recovered a judgment .....

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May 18 1964 (FN)

Clay Vs. Sun Ins. Office, Ltd.

Court : US Supreme Court

Decided on : May-18-1964

..... where it was made, prohibited direct action against the insurer until final determination of the obligation of the insured. the court of appeals relied in the main on hartford accident & indemnity co. v. delta & pine land co., 292 u. s. 143 , and home ins. co. v. dick, 281 u. s. 397 . those were cases where the activities in the ..... later. when the case reached here, the majority view was that the underlying constitutional question -- whether, consistently with due process, florida could apply its five-year statute to this illinois contract -- should not be reached until the florida supreme court, through its certificate procedure, [ footnote 2 ] had construed that statute and resolved another local law question. [ footnote 3 ] on remand ..... . after certification to and resolution by the state supreme court of certain local law questions following remand by this court, the court of appeals held that application to the contract of the five-year statute of limitations would violate due process. held: application of the statute of limitations of the forum state is consistent with due process and full ..... a claim thereunder twelve months after discovery of loss, moved to and became a resident of the forum state, which permitted claims up to five years after loss notwithstanding contract provisions requiring earlier legal action. invoking diversity jurisdiction, petitioner brought this action in the federal district court of the forum state to recover damages under the policy more than .....

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Apr 24 1964 (SC)

New Asiatic Insurance Co. Ltd. Vs. Pessumal Dhanamal Aswani and ors.

Court : Supreme Court of India

Decided on : Apr-24-1964

Reported in : AIR1964SC1736; (1964)66BOMLR702; 1965MHLJ257(SC); [1964]7SCR867

..... car insured under the policy, but merely amounted to a condition affecting the liability of the company vis a vis the driver who was entitled to indemnity under any other policy. the question thus reduces itself to the determination of whether pessumal comes within the persons indemnified in para. 3 of the ..... appearing in the certificate in order to comply with the act is recoverable from the insured, and refers to the avoidance clause. 24. thus the contract between the insured and the company may not provide for all the liabilities which the company has to undertake vis a vis the third parties, ..... in the policy of the company. 23. the act contemplates the possibility of the policy of insurance undertaking liability to third parties providing such a contract between the insurer and the insured, that is, the person who effected the policy, as would make the company entitled to recover the whole or ..... persons from the general classification will have to be related to considerations affecting it and is not to be related to such classified persons right to indemnity from any other insurer. in this connection reference may be made to proviso (b) which cannot in any case be a proviso relating to ..... 'other vehicles extension clause' respectively, are material and are set out in full : '3. in terms of and subject to the limitations of the indemnity which is granted by this section to the insured the company will indemnify any driver who is driving the motor car on the insured's order or with .....

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May 01 1964 (SC)

Kettlewell Bullen and Co. Vs. Commissioner of Income-tax, Calcutta

Court : Supreme Court of India

Decided on : May-01-1964

Reported in : AIR1965SC65; [1964]53ITR261(SC); [1964]8SCR93

..... . 16. in the commissioners of inland revenue v. newcastle breweries ltd. 12 t.c. 927 compensation received under an order of the war compensation court,under the indemnity act, 1920, in addition to what was paid by the admiraltyfor rum taken over in exercise of the power under the defence of the realmregulations was held to be ..... of limestone and dolomitewas terminated when the purchaser the bengal iron company ltd. found the ratesuneconomical. a suit was then filed by the respondent for specific performanceof the contract and for an injunction restraining the company from purchasinglimestone and dolomite from any other person. a fresh agreement made betweenthe respondent and the company fell through because of ..... giving it lesssecurity than before. as compensation for loss resulting from the alterations,the manufacturers paid to the respondent company, a sum calculated on sales tothe trade during the contract period. it was held that this was a capitalreceipt, because, by the modification the framework of the respondent'sbusiness was impaired. 32. elaborate arguments were presented before ..... to complete repairs to a ship within the stipulatedperiod was regarded as revenue. 18. these cases illustrate the principle that compensation for injury totrading operations, arising from breach of contract or in consequence ofexercise of sovereign rights, is revenue. these cases must, however, be distinguishedfrom another class of cases where compensation is paid as a solatium for lossof .....

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Dec 14 1964 (SC)

A. Venkata Subba Rao Vs. State of Andhra Pradesh

Court : Supreme Court of India

Decided on : Dec-14-1964

Reported in : AIR1965SC1773; [1965]2SCR577

..... and at prices fixed by government. it was, therefore, submitted that they were "agents" who would on the one hand be entitled to indemnity from the government for any loss that they might sustain in their engaging in the business of the agency of purchase and storage and sale on ..... of a new analytical jurisprudence gradually undermined lord mansfield's position. so long as the common lawyers thought in terms of procedure and associated quasi-contract with the writ of indebitatus assumpsit, they were content to accept the implications of unjust benefit. but when they abandoned their traditional forms and ..... of principal and agent. for this purpose reliance was placed on article 76 of bowstead on agency which runs: .lm15 " where an agent, by contracting personally, renders himself personally liable for the price of goods bought on behalf of his principal, the property in the goods, as between the principal ..... enforce the demand. in the case of some of them where there were amounts owing by government on account of rice supplied under the contract for supply referred to earlier or by reason of the government having collected the amounts from purchasers who were authorised to lift stocks from the ..... or to other licensed purchasers. the procurement price was in each case lower than the selling price and the procuring agents were under the contract entitled to the difference between the two prices. during the period with which we are concerned, three successive orders were made by the government .....

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Jan 06 1964 (FN)

Humphrey Vs. Moore

Court : US Supreme Court

Decided on : Jan-06-1964

..... exceeded its authority under the collective bargaining agreement. although it is undoubtedly true as a general proposition that bargaining representatives have power to alter the terms of a contract with an employer, the challenge here is not to a purported exercise of such power, but to the validity of a grievance settlement reached under proceedings allegedly ..... exercise of the right to bargain collectively. consequently, the understandable desire to protect the individual should not emasculate the right to bargain by placing undue restraints upon the contracting parties. similarly, in safeguarding the individual page 375 u. s. 359 against the misconduct of the bargaining agent, we must recognize that the employer's interests are ..... joint conference committee dovetailing the seniority lists of the two companies violated moore's rights because: (1) the joint committee exceeded its powers under the existing collective bargaining contract in making its decision dovetailing seniority lists, and (2) the decision of the committee was brought about by dishonest union conduct in breach of its duty of fair ..... court of appeals properly enjoined implementation of the decision of a joint employer-employee committee purporting to settle certain grievances in accordance with the terms of a collective bargaining contract. the decision of the committee determined the relative seniority rights of the employees of two companies, dealers transport company of memphis, tennessee, and e & l transport .....

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Feb 17 1964 (FN)

Costello Vs. Ins

Court : US Supreme Court

Decided on : Feb-17-1964

costello v. ins - 376 u.s. 120 (1964) u.s. supreme court costello v. ins, 376 u.s. 120 (1964) costello v. immigration and naturalization service no. 83 argued december 12, 1963 decided february 17, 1964 376 u.s. 120 certiorari to the united states court of appeals for the second circuit syllabus petitioner, while a naturalized citizen, was convicted of two separate offenses involving moral turpitude. following his subsequent denaturalization on the ground that his citizenship had been acquired by willful misrepresentation, proceedings were brought against him under 241(a)(4) of the immigration and nationality act of 1952, which provides for deportation of an alien who at any time after entry "is convicted" of two crimes involving moral turpitude. he was found deportable, and the court of appeals dismissed his petition for review. held: 1. the two convictions relied upon to support deportation both occurred at a time when petitioner was a naturalized citizen, and he was therefore not deportable, the statute permitting only deportation of one who was an alien at the time of his convictions. eichenlaub v. shaughnessy, 338 u. s. 521 , distinguished. pp. 376 u. s. 121 -128. 2. the provision in 340(a) of the act that a denaturalization order shall be effective as of the original date of naturalization is inapplicable to the general deportation provisions of the act. petitioner could not, therefore, under the "relation-back" theory of that provision be deemed to have been an alien .....

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Feb 17 1964 (FN)

Wesberry Vs. Sanders

Court : US Supreme Court

Decided on : Feb-17-1964

..... congressman represents from two to three times as many fifth district voters as are represented by each of the congressmen from the other georgia congressional districts. the apportionment statute thus contracts the value of some votes and expands that of others. if the federal constitution intends that, when qualified voters elect members of congress, each vote be given as much weight .....

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Feb 17 1964 (FN)

Wright Vs. Rockefeller

Court : US Supreme Court

Decided on : Feb-17-1964

wright v. rockefeller - 376 u.s. 52 (1964) u.s. supreme court wright v. rockefeller, 376 u.s. 52 (1964) wright v. rockefeller no. 96 argued november 19, 1963 decided february 17, 1964 376 u.s. 52 appeal from the united states district court for the southern district of new york syllabus appellants, voters in the four congressional districts in manhattan island, brought suit before a three-judge district court challenging the constitutionality of part of new york's 1961 congressional apportionment statute. they charged that, in violation of the due process and equal protection clauses of the fourteenth amendment and in violation of the fifteenth amendment, irregularly shaped districts were drawn with racial considerations in mind, resulting in one district which excluded non-white citizens and those of puerto rican origin, who were largely concentrated in one of the other districts. held: finding of district court that appellants had failed to show that the challenged part of the apportionment act was a "state contrivance" to segregate on the basis of race or place of origin, that the new york legislature was motivated by racial considerations or that, in fact, it drew the districts on racial lines was not clearly erroneous. pp. 376 u. s. 53 -58. (a) where the evidence was "equally, or more, persuasive" that racial considerations had not motivated the state legislature than that such considerations had motivated the legislature, the findings of the district court that the .....

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Mar 09 1964 (FN)

Packinghouse Workers Vs. Needham

Court : US Supreme Court

Decided on : Mar-09-1964

..... is excused from arbitrating, upon theories of waiver, estoppel, or otherwise. arbitration provisions, which themselves have not been repudiated, are meant to page 376 u. s. 252 survive breaches of contract, in many contexts, even total breach; and in determining whether one party has so repudiated his promise to arbitrate that the other party is excused the circumstances of the claimed ..... agreement contained a broad arbitration clause covering "all complaints, disputes or grievances arising between . . . [the parties] involving questions of interpretation or application of any clause or matter covered by this contract or any act or conduct or relation between the parties hereto, directly or indirectly." id. at 370 u. s. 257 . the employer argued that the promise not to strike was ..... arbitration. they then provide: "in the event a dispute shall arise between the company and the union with reference to the proper interpretation or application of the provisions of this contract and such dispute cannot be settled by mutual agreement of the parties, such dispute shall be referred to a board of arbitration upon the request of the union." it is ..... that of needham here, was rejected on grounds fully applicable to this case. although the court relied in part on the employer's apparent intention not to terminate the contract altogether, more central to its conclusion was the view that there was no "inflexible rule rigidly linking no-strike and arbitration clauses of every collective bargaining .....

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