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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1918 Page 1 of about 36 results (0.127 seconds)

Jun 03 1918 (FN)

Chelentis Vs. Luckenbach S.S. Co., Inc.

Court : US Supreme Court

Decided on : Jun-03-1918

..... the expenses for maintenance and cure for a reasonable time thereafter, whereas in a similar case a shore servant would be entitled to recover full indemnity. therefore, by virtue of the inherent nature of the seaman's contract, the defendant's negligence and the plaintiff's contributory negligence were totally immaterial page 247 u. s. 380 considerations in this case; the sole ..... under the doctrine approved in southern pacific co. v. jensen, no state has power to abolish the well recognized maritime rule concerning measure of recovery and substitute therefor the full indemnity rule of the common law. such a substitution would distinctly and definitely change or add to the settled maritime law, and it would be destructive of the "uniformity and consistency ..... injuries sustained through the negligence of another member of the crew beyond the expense of their maintenance and cure." "4. that the seaman is not allowed to recover an indemnity for the negligence of the master or any member of the crew, but is entitled to maintenance and cure whether the injuries were received by negligence or accident." after reference ..... the negligence and an improvident order of a superior page 247 u. s. 379 officer, he instituted a common law action in supreme court, new york county, demanding full indemnity for damage sustained. the cause was removed to the united states district court because of diverse citizenship. counsel did not question seaworthiness of ship or her appliances, and announced that .....

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Apr 01 1918 (FN)

New York Life Ins. Co. Vs. Dodge

Court : US Supreme Court

Decided on : Apr-01-1918

..... by commutation into extended insurance, a means commonly adopted in nonforfeiture laws, only the specific limitation in question being unusual. the insurance policy sought to be protected was a contract made within the state between a citizen of the state and a foreign corporation also resident or present there. the protection was to be afforded while the parties so ..... right -- often of great value -- freely to borrow money upon a policy from the issuing company at its home office, and would, moreover, sanction the impairment of that liberty of contract guaranteed to all by the fourteenth amendment. reversed. * "sec. 7897. policies non-forfeitable, when. -- no policies of insurance on life hereafter issued by any life insurance company authorized ..... deprive them of any power which a domestic company could not enjoy, thus rendering void or inoperative any provision of their charter or condition in policies issued by them or contracts made by them inconsistent with the missouri law." and this argument we declared unsound, since the "proposition cannot be maintained without holding that, because a state has power ..... the missouri statute applied and inhibited valid hypothecation of the reserve as security therefor, as defendant in error maintains. she cannot, therefore, claim anything upon the theory that the loan contract actually consummated was one which the company had legally obligated itself to make upon demand. in allgeyer v. louisiana, 165 u. s. 578 , we held a louisiana statute .....

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Jan 28 1918 (FN)

Supreme Lodge Knights of Pythias Vs. Smyth

Court : US Supreme Court

Decided on : Jan-28-1918

..... , and shall continue to pay the same amount thereafter as long as he remains a member of the endowment rank. " this provision, it is contended, became a part of the contract of insurance with the plaintiff, which could not be changed without his consent, and made unlawful any increase in his assessment. the defense is that power was given to the .....

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Dec 23 1918 (FN)

Sandberg Vs. Mcdonald

Court : US Supreme Court

Decided on : Dec-23-1918

..... u. s. 204 united states unless so "construed as not to apply to foreign seamen shipped on a foreign vessel in a foreign port, under a contract, valid where made. . . ." we cannot concede the qualification, nor doubt the power of congress to impose conditions upon foreign vessels entering or remaining ..... it is conceded -- that the words of the sections are grammatically broad enough to include all seamen, foreign as well as american, and advances and contracts, wherever made, and to the contention that congress had in mind and was only solicitous for american seamen, the answer is again immediate: the contention ..... to be page 248 u. s. 197 sanctioned here. as we have construed this section of the statute, no such policy as to foreign contracts legal where made is declared. we have examined the references in the briefs of counsel to the reports and proceedings in congress during the progress ..... is to be noted that such sweeping and important requirement is not found specifically made in the statute. had congress intended to make void such contracts and payments, a few words would have stated that intention, not leaving such an important regulation to be gathered from implication. there is nothing ..... of the section have been complied with. held not to apply to advancements made to alien seamen shipping abroad on a foreign vessel, pursuant to contracts valid under the foreign law, and that such advancements may be allowed for in paying such seamen in a port of the united states. p. .....

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Dec 23 1918 (FN)

international News Service Vs. Associated Press

Court : US Supreme Court

Decided on : Dec-23-1918

..... by it, and that they in turn mislead their readers. there is, in fact, no representation by either of any kind. sources of information are sometimes given because required by contract, sometimes because naming the source gives authority to an otherwise incredible statement, and sometimes the source is named because the agency does not wish to take the page 248 u ..... . metcalf, 240 u. s. 403 , 240 u. s. 412 -413. in the other cases, the diversion of trade was effected through physical or moral coercion, or by inducing breaches of contract or of trust or by enticing away employees. in some others, called cases of simulated competition, relief was granted because defendant's purpose was unlawful -- namely, not competition, but deliberate ..... , related to the distribution of quotations of prices on dealings upon a board of trade, which were collected by plaintiff and communicated on confidential terms to numerous persons under a contract not to make them public. this court held that, apart from certain special objections that were overruled, plaintiff's collection of quotations was entitled to the protection of the law ..... laws of the state of new jersey, whose business is the gathering and selling of news to its customers and clients, consisting of newspapers published throughout the united states, under contracts by which they pay certain amounts at stated times for defendant's service. it has widespread news-gathering agencies; the cost of its operations amounts, it is said, to more .....

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Dec 09 1918 (FN)

E. W. Bliss Co. Vs. United States

Court : US Supreme Court

Decided on : Dec-09-1918

..... of the torpedo, as well as to the balanced turbine. the remarks of the circuit court of appeals are pertinent. the court said: "throughout the entire record, in the contracts, correspondence, and dealings of the parties, the importance of secrecy is everywhere manifest. the nature of the services rendered was such that secrecy might almost be implied. it is difficult ..... torpedoes embodying them, the final and dominant contention being that the government's reservation was only of inventions, inventions, however, undisclosed, patentable but not patented. yet the word of the contract is "furnished," not invented, and the words are of different significance. to invent means to create; to furnish means to supply. and the difference was too important, too pertinent to ..... in regard to it to any person . . . or to other governments, or their representatives" or exhibit its performance "either in shop or in service tests." a violation of the contract incurs its cancellation and releases the united states from all claims or demands under it. it is, however, provided that no design shall be considered as coming within the provisions ..... from exhibiting or communicating the construction and operation of a torpedo known as the bliss-leavitt torpedo. the controversy turns upon the construction and application of certain clauses of the contracts between the bliss company and the united states, and is not, we think, in broad compass. in support of its contention in the main, the united states has the .....

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Dec 09 1918 (FN)

United States Vs. Spearin

Court : US Supreme Court

Decided on : Dec-09-1918

..... repair the sewer and proceed with the work while the government denied responsibility for providing and refused to provide sewer conditions safe for the work. when it wrongfully annulled the contract, spearin became entitled to compensation for all losses resulting from its breach. spearin insists that he should be allowed the additional sum of $63,658.70, because, as ..... the government insisted that the responsibility for remedying existing conditions rested with the contractor. after 15 months spent in investigation and fruitless correspondence, the secretary of the navy annulled the contract and took possession of the plant and materials on the site. later the dry-dock, under radically changed and enlarged plans, was completed by other contractors, the government having ..... to time, overflowed to the knowledge of these government officials and others. but the fact had not been communicated to spearin by anyone. he had, before entering into the contract, made a superficial examination of the premises and sought from the civil engineer's office at the navy page 248 u. s. 135 yard information concerning the conditions and ..... requiring the contractor to examine the site, check up the plans, and assume responsibility for the work until completion and acceptance. id. (4) neither rev.stats. 3744, providing that contracts with the navy department shall be reduced to writing, nor the parol evidence rule precluded reliance on such warranty, implied by law. id. (5) the contractor, upon breach of .....

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Dec 09 1918 (FN)

Luckenbach Vs. Mccahan Sugar Rfg. Co.

Court : US Supreme Court

Decided on : Dec-09-1918

..... should refuse to pay until the shipper had established that recovery against the carrier was not possible, prompt settlement for loss (which is essential to actual indemnity and demanded in the interest of commerce) would be defeated. if, on the other hand, the insurers should settle the loss before the question of ..... for and during the service" -- not pay the expense of maintaining her. this duty to maintain the vessel in an efficient state is imposed by the contract, because a time charter, like a charter for a single voyage, is not a demise of the ship. in both, the charterer is without control ..... finding was not disturbed by the circuit court of appeals. but the liability of the owners sought to be enforced here is one resting upon their personal contract, and to such liabilities the limitations acts do not apply. pendleton v. benner line, 246 u. s. 353 . it is also urged that, as ..... if valid and enforced according to their terms, they accomplish the desired purpose. they supply the shipper promptly with money to the full extent of the indemnity or compensation to which he is entitled on account of the loss, and they preserve to the insurers the claim against the carrier to which, by ..... insurers, pursuant to the agreement, could be maintained against the carrier and the ship. p. 248 u. s. 148 . liability for unseaworthiness, resting on the personal contract of the shipowner, is not limited by rev.stats. 4283, or the act of june 26, 1884. p. 248 u. s. 149 . a time charter .....

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Dec 09 1918 (FN)

Tempel Vs. United States

Court : US Supreme Court

Decided on : Dec-09-1918

..... pay has once arisen, a later denial by the government (whether at the time of suit or otherwise) of its liability to make compensation does not destroy the right in contract and covert the act into a tort. in both of those cases, the facts required the implication of a promise to pay. but here, the government has contended since the ..... the land in question had been a part of the bed of the de jure stream, as was supposed. if the plaintiff can recover, it must be upon an implied contract. for, under the tucker act, the consent of the united states to be sued is (so far as here material) limited to claims founded "upon any ..... contract, express or implied," and a remedy for claims sounding in tort is expressly denied. bigby v. united states, 188 u. s. 400 ; hijo v. united states, 194 u. s. 315 , .....

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Jun 10 1918 (FN)

Chicago, M. and St.P. Ry. Co. Vs. Minneapolis Civic Assn.

Court : US Supreme Court

Decided on : Jun-10-1918

..... company, and in order that their purpose might not be defeated in the future by the design or business necessity of either company, the contract between them which we have discussed was entered into to prevent the corporate organization of the eastern company and the control of its operations from ..... stock which it permits to be issued, transferable only with the written consent of the milwaukee and omaha companies. thus, the making of this contract was an obvious surrender by the eastern company of substantially all freedom of corporate action and an assumption of control over that company by the milwaukee ..... the business of the eastern company. whether because the milwaukee and omaha companies distributed each other or for other cause, it is plain that this contract was designed to take away from the board of directors of the eastern company, the usual and lawful governing body of a corporation, the ..... companies) over such other railroad but without rebate to any company. it is quite true, as is argued, that some of the provisions of this contract have been departed from, and that others have been rendered unlawful and void by statutes enacted, and by decisions of courts rendered, since its date. ..... the decisions of the state courts. almost immediately after the organization of the eastern company, the three companies entered into a written contract, effective for over 39 years, until may 1, 1918, which is of much significance in determining the decisive fact in the case as we have .....

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