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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Court: us supreme court Year: 1976 Page 1 of about 89 results (0.067 seconds)

Jun 14 1976 (FN)

Massachusetts Mut. Life Ins. Co. Vs. Ludwig

Court : US Supreme Court

Decided on : Jun-14-1976

..... recover benefits under the double indemnity provision. the district court held that, under illinois conflict of laws rules, the law of the situs of the contract (michigan) applied, and that, under michigan law, the insurer was liable only for ordinary benefits. the administrator appealed. the insurer ..... track in order to board a commuter train which had not yet arrived at the station. the insurer paid cane's estate ordinary benefits, but denied liability under the double indemnity provision of the policy. page 426 u. s. 480 the administrator of cane's estate (respondent) sued the insurer in the district court for the northern district of illinois to ..... f.2d 376, vacated and remanded. per curiam. this is a diversity case. petitioner (the insurer) issued a life insurance policy in michigan to dean e. cane providing for double indemnity if cane's "death was the result of an injury sustained while the insured was a passenger in or upon a public conveyance then being operated by a common carrier ..... writ of certiorari to the united states court of appeals for the seventh circuit syllabus in a diversity action by respondent administrator against petitioner insurer for recovery under the double indemnity provision of a life insurance policy issued in michigan to respondent's decedent, who was killed in illinois, the district court ruled that, under illinois conflict of laws rules, michigan .....

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Mar 11 1976 (SC)

Union of India (Uoi) and ors. Vs. Sugauli Sugar Works (P) Ltd.

Court : Supreme Court of India

Decided on : Mar-11-1976

Reported in : AIR1976SC1414; (1976)3SCC32; [1976]3SCR614; 1976(8)LC328(SC)

..... can be done by money, be placed in the same position as he would have been in if the contract had been performed. the rule as to market price is intended to secure only an indemnity to the purchaser. the market value is taken because it is presumed to be the true value of ..... from the breach. therefore, the principle is that as far as possible the injured party should be placed in as good a situation as if the contract had been performed, in other words, it is to provide compensation for pecuniary loss which naturally flows from the breach. the high court correctly applied these ..... court passed decrees awarding the respondents price of sugar and costs of damages and interest pendente lite and future interest.21. the appellant contended that the contract price should not have been awarded. the high court said that the evidence of plaintiff's witness gaya prasad showed the selling rate of sugar and ..... principles and adopted the contract price in the facts and circumstances of the case as the correct basis for compensation.23. for these reasons, the judgment of the high court is ..... the goods to the purchaser. one of the principles for award of damages is that as for at possible he who was proved a breach of a bargain to supply what he has contracted .....

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Jan 13 1976 (FN)

Foremost-mckesson, Inc. Vs. Provident Securities Co.

Court : US Supreme Court

Decided on : Jan-13-1976

..... certificate of two of its executive officers to the foregoing effect." app. a134. the court of appeals agreed that conditions to performance might prevent a contract from being a "sale" prior to closing. but it ruled that all significant conditions here were satisfied when the registration statement required by paragraph 7 ..... an exempted security) within any period of less than six months, unless such security was acquired in good faith in connection with a debt previously contracted, shall inure to and be recoverable by the issuer, irrespective of any intention on the part of such beneficial owner, director, or officer in ..... registered equity security within a period of less than six months, unless such security was acquired in good faith in connection with a debt previously contracted, shall inure to and be recoverable by the issuer, irrespective of any intention on the part of such beneficial owner, director, or officer in ..... 7 ] section 3(a)(14) of the act, 15 u.s.c. 78c(a)(14), defines "sale" and "sell" to include "any contract to sell or otherwise dispose of." but provident argued that the october 28 closing date was the day of sale because contractual conditions prevented the ..... contract from becoming binding until closing. the underwriting agreement provided in paragraph 7: "7. termination of agreement: this agreement may be terminated, .....

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Jan 13 1976 (FN)

Barrett Vs. United States

Court : US Supreme Court

Decided on : Jan-13-1976

barrett v. united states - 423 u.s. 212 (1976) u.s. supreme court barrett v. united states, 423 u.s. 212 (1976) barrett v. united states no. 74-5566 argued november 4, 1975 decided january 13, 1976 423 u.s. 212 certiorari to the united states court of appeals for the sixth circuit syllabus the provision of the gun control act of 1968, 18 u.s.c. 922(h), making it unlawful for a convicted felon, inter alia, "to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce," held to apply to a convicted felon's intrastate purchase from a retail dealer of a firearm that previously, but independently of the felon's receipt, had been transported in interstate commerce from the manufacturer to a distributor and then from the distributor to the dealer. pp. 423 u. s. 215 -225. 504 f.2d 629, affirmed. blackmun, j., delivered the opinion of the court, in which burger, c.j., and brennan, white, marshall, and powell, jj., joined. white, j., filed a concurring opinion, post, p. 423 u. s. 225 . stewart, j., filed a dissenting opinion, in which rehnquist, j., joined, post, p. 423 u. s. 228 . stevens, j., took no part in the consideration or decision of the case. mr. justice blackmun delivered the opinion of the court. petitioner pearl barrett has been convicted by a jury in the united states district court for the eastern district page 423 u. s. 213 of kentucky of a violation of 18 u.s.c. 922(h), [ footnote 1 ] a part of the gun control act of .....

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Jan 14 1976 (FN)

MichelIn Tire Corp. Vs. Wages

Court : US Supreme Court

Decided on : Jan-14-1976

michelin tire corp. v. wages - 423 u.s. 276 (1976) u.s. supreme court michelin tire corp. v. wages, 423 u.s. 276 (1976) michelin tire corp. v. wages no. 74-1396 argued october 15, 1975 -- decided january 14, 1976 423 u.s. 276 certiorari to the supreme court of georgia syllabus georgia's assessment of a nondiscriminatory ad valorem property tax against petitioner's inventory of imported tires maintained at its wholesale distribution warehouse in the state held not to be within the import-export clause's prohibition against states laying "any imposts or duties on imports." low v. austin, 13 wall. 29, overruled. pp. 423 u. s. 281 -302. (a) in the history of the import-export clause, whose purposes were to commit to the federal government the exclusive power to regulate foreign commerce and the exclusive right to all revenues from imposts and duties on imports, and to assure the free flow of imported goods among the states by prohibiting the taxing of goods merely flowing through seaboard states to other states, there is nothing to suggest that a nondiscriminatory ad valorem property tax imposed on imported goods that are no longer in import transit was the type of exaction that was regarded as objectionable by the framers of the constitution. pp. 423 u. s. 283 -286. (b) such nondiscriminatory property taxation cannot affect the federal government's exclusive regulation of foreign commerce, since such a tax does not fall on imports as such because of their place of origin, and .....

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Jan 14 1976 (FN)

United States Vs. Bornstein

Court : US Supreme Court

Decided on : Jan-14-1976

..... conclusion that it was "wholly beyond" the subcontractor's ability to foresee that 35 false claims would be generated by his fraud. evidence such as the terms of the prime contract, and the subcontract, the subcontractor's page 423 u. s. 324 experience in business generally and in government procurement particularly, and the closeness of the working relationship between ..... little relationship to the congressional purpose. the stipulated facts reveal a complex and altogether deliberate scheme to palm off cheaper, surplus tubes to the prime contractor, model. model had contracted to build radio kits for use by the army. the specifications page 423 u. s. 319 for the component parts reflected the army's understandable desire that military equipment ..... , what effect does that recovery have upon the government's right to recover double damages from the subcontractor? i in 1962, the united states entered into a $2,100,000 contract with model engineering & manufacturing corporation, inc. (model), for the provision of radio kits. each kit was to contain electron tubes that met certain specifications. model subcontracted with united ..... 8, 1975 decided january 14, 1976 423 u.s. 303 certiorari to the united states court of appeals for the third circuit syllabus a prime contractor (model) had a contract with the government to provide radio kits containing electron tubes meeting certain specifications. a subcontractor (united), which was to supply the tubes, sent to model in three separately invoiced .....

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Jan 20 1976 (FN)

thermtron Products, Inc. Vs. Hermansdorfer

Court : US Supreme Court

Decided on : Jan-20-1976

thermtron products, inc. v. hermansdorfer - 423 u.s. 336 (1976) u.s. supreme court thermtron products, inc. v. hermansdorfer, 423 u.s. 336 (1976) thermtron products, inc. v. hermansdorfer no. 74-206 argued october 7, 1975 decided january 20, 1976 423 u.s. 336 certiorari to the united states court of appeals for the sixth circuit syllabus title 28 u.s.c. 1441(a) provides that "any civil action brought in a state court of which the district courts of the united states have original jurisdiction" may be removed by the defendant to the federal district court, and 1446 provides the removal procedure. section 1447(c) provides for remand to the state court on the ground that the case was removed "improvidently and without jurisdiction," and 1447(d) imposes a general bar against appellate review of a remand order. after two citizens of kentucky had brought a damages action against petitioners, an indiana corporation and its employee, a citizen of indiana, petitioners removed the action to the federal district court under 1441(a) and 1446. thereafter respondent, the district judge, though conceding that petitioners had the statutory right to remove the action to federal court, ordered the case remanded to the state court for trial, solely on the ground that his heavy docket would unjustly delay the plaintiffs from going to trial on the merits. petitioners then filed in the court of appeals an alternative petition for a writ of mandamus or prohibition on the ground that the action had .....

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Jan 30 1976 (FN)

Buckley Vs. Valeo

Court : US Supreme Court

Decided on : Jan-30-1976

..... such gift, subscription, loan, advance, or deposit of money, or anything of value, is made for the purpose of influencing the result of a primary election; (b) means a contract, promise, or agreement, whether or not legally enforceable, to make a contribution for any such purpose; (c) means funds received by a political committee which are transferred to that ..... congress, at any time between the commencement of negotiations for and the later of -- (1) the completion of performance under, or (2) the termination of negotiations for, such contract or furnishing of material, supplies, equipment, land or buildings, directly or indirectly makes any contribution of money or other thing of value, or promises expressly or impliedly to make any ..... in a labor organization or as a condition of employment, or by monies obtained in any commercial transaction. 611. contributions by government contractors. whoever -- (a) entering into any contract with the united states or any department or agency thereof either page 424 u. s. 198 for the rendition of personal services or furnishing any material, supplies, or equipment to ..... the commission to serve as a national clearinghouse for information in respect to the administration of elections. in carrying out its duties under this subsection, the commission shall enter into contracts for the purpose of conducting independent page 424 u. s. 175 studies of the administration of elections. such studies shall include, but shall not be limited to, studies of .....

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Mar 03 1976 (FN)

Hines Vs. Anchor Motor Freight, Inc.

Court : US Supreme Court

Decided on : Mar-03-1976

..... would multiply. the contractual system would then cease to qualify as an adequate mechanism to secure individual redress for damaging failure of the employer to abide by the contract. congress has put its blessing on private dispute settlement arrangements provided in collective agreements, but it was anticipated, we are sure, that the contractual machinery would ..... conclude collective bargaining agreements on behalf of all employees in appropriate units, as well as to be the employee's agent in the enforcement and administration of the contract. wages, hours, working conditions, seniority, and job security therefore became the business of certified or recognized bargaining agents, as did the contractual procedures for the processing ..... u. s. 198 -200. petitioners' present suit against the employer was for wrongful discharge, and is the kind of case congress provided for in 301. collective bargaining contracts, however, generally contain procedures for the settlement of disputes through mutual discussion and arbitration. these provisions are among those which are to be enforced under 301. furthermore, congress ..... innocent, and opposed the discharges. it was then agreed that the matter would be presented to the joint arbitration committee for the area, to which the collective bargaining contract permitted either party to submit an unresolved grievance. [ footnote 2 ] pending this hearing, petitioners were reinstated. their suggestion that the motel be investigated was answered by the .....

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Mar 03 1976 (FN)

Fpc Vs. Moss

Court : US Supreme Court

Decided on : Mar-03-1976

..... the court of appeals to reject respondents' challenge to a provision of the optional procedure requiring the commission to determine the reasonableness of future rate escalations included in contracts submitted pursuant to the procedure. yet no attempt was made to distinguish the case of future rate escalations from that of pre-granted abandonment in this respect. the ..... 223 (1972). [ footnote 5 ] this provision reads as follows: "applications presented hereunder will be considered for permanent certification, either with or without pre-granted abandonment, notwithstanding that the contract rate may be in excess of an area ceiling rate established in a prior opinion or order of this commission." [ footnote 6 ] respondents' cross-petition seeking review of the court ..... the producer assurance that his present sale will not indefinitely commit the gas to what may be a lower priced interstate market: he will be free on the contract expiration date to discontinue deliveries to the purchaser without having to demonstrate again that abandonment is consistent with the public convenience or necessity. ii the entire optional procedure ..... development of natural gas reserves," by order established an "optional procedure for certificating new producer sales of natural gas." under the order, producers may tender for fpc approval contracts for the sale of new natural gas at rates exceeding the maximum authorized by the applicable rate order; the fpc will determine in a single proceeding whether the " .....

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