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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1932 Page 1 of about 35 results (0.062 seconds)

Mar 14 1932 (FN)

Aetna Cas. and Sur. Co. Vs. Phoenix Nat. Bank and Trust Co.

Court : US Supreme Court

Decided on : Mar-14-1932

..... american surety co. v. greek catholic union, 284 u. s. 563 . if such was respondent's object, it should have taken from petitioner not a contract of indemnity, as it did here, but one to pay to it all amounts disbursed on forged checks. reversed. * carroll's ky.stat. (1930) 3720b-124, ..... 284 u.s. 608, to review the reversal of a judgment in favor of the above-named petitioner in an action by the bank on a contract of indemnity. page 285 u. s. 211 mr. justice stone delivered the opinion of the court. this suit was brought by respondent, a national bank, ..... respondent could enforce them with a similar lack of effect upon its right to recover from petitioner. in either case, petitioner's contract would be converted from one of indemnity, as stipulated, into an unqualified obligation to repay to the bank the amounts which it was induced to pay by the forgeries ..... the loss. that privilege was a necessary incident to petitioner's contract, for only by resort to it could the character of the contract as indemnity be preserved. it is both the object and the justification of subrogation that it makes exact indemnity the measure of the liability. see standard marine insurance co., ..... forgeries, be recredited to its account. the respondent, in turn, asked payment of that amount of petitioner in satisfaction of its liability on the indemnity bond. petitioner, while admitting liability if respondent was not authorized to charge the depositor with the loss, insisted that the depositor was so chargeable .....

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Feb 15 1932 (FN)

American Surety Co. Vs. Greek Catholic Union

Court : US Supreme Court

Decided on : Feb-15-1932

..... dishonesty, or forgery of kondor. it did not arise from the failure of the depositary, for the bank was not allowed to fail. the breach for which indemnity was to be afforded was kondor's default in the performance of his duties and with respect to the protection of the funds of the corporation. there is ..... of fact to the jury. we cannot agree with this view. assuming that respondent is right in its contention that the obligation here was in the nature of an insurance contract, rather than one of strict suretyship ( american surety co. v. pauly, 170 u. s. 133 , 170 u. s. 144 ; guaranty co. v. pressed brick ..... a material variation of the surety's risk. petitioner presented a point to the effect that the agreement with the trust company created a material variance in the contract of suretyship, page 284 u. s. 567 deprived the surety of recovery of salvage from the people's state bank, and relieved the petitioner of the ..... person could or would arrive in time to take part in the matter. this conversation took place on a sunday morning. late the same night, a contract was entered into between the people's state bank and the united states trust company of johnstown whereby the latter assumed all the liabilities of the bank, ..... undertaken in the instrument of suretyship, and depriving the insurer of the right of subrogation, such conduct operates to discharge the obligation of the indemnity contract. judgment reversed. mr. justice mcreynolds is of opinion the judgment should be affirmed. .....

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Mar 14 1932 (FN)

Hartford Accident and Indemnity Co. Vs. Bunn

Court : US Supreme Court

Decided on : Mar-14-1932

..... instituted a proceeding in the chancery court, adams county, mississippi, against the contractors, the appellant hartford accident & indemnity company, and many unpaid materialmen. the bill prayed for a decree declaring the indemnity bond to be one for faithful performance of the building contract, and subject to the rights and liabilities provided by 3, * c. 128, mississippi laws of 1918 ( ..... of any building or work or the doing of any repairs, shall enter into a bond with such person, firm or corporation guaranteeing the faithful performance of such contract and containing such provisions and penalties as the parties thereto may insert therein, such bond shall also be subject to the additional obligations that such contractor or subcontractor ..... 316,822, payable to the investment company with appellant as surety. among other things, this provides: "whereas, the principal and the obligee have entered into a certain written contract (hereinafter called the contract) dated october 18th, 1926, to construct 'eola hotel' building as per plans and specifications no. 640 as prepared by weiss & dreyfus, architects, new orleans, la. ..... " page 285 u. s. 175 "obligations of bondsmen. -- the contractor's bondsmen shall obligate themselves to all the terms and covenants of these specifications, and of the contracts covering the work executed hereunder, and the owner and the architect reserve the right to make all desired changes, alterations, and additions, under the conditions and in the manner .....

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Dec 05 1932 (FN)

Stephenson Vs. Binford

Court : US Supreme Court

Decided on : Dec-05-1932

..... of those who were common carriers in fact by controlling competitive conditions. protection or conservation of the highways was not involved. * the condition which constrained the private contract carrier to become a common carrier therefore had no relation to the highways. in this view, the use of the highways furnished a purely unrelated occasion for imposing ..... business, but also to the problem of safety and convenience in use of the highway." "the experience of the railroad commission supports the legislative declaration that unregulated contract carriers under the former law effectively prevents the primary purpose of fostering and conserving for the public welfare all commercial transportation on the highways which it has been ..... these provisions should be determined by competent authority, they were void for uncertainty. in the texas statute, no such uncertainty exists. the provisions intended to be applicable to contract carriers are distinctly set forth and separately stated, plainly leaving for determination only the question whether such provisions, or any of them, are invalid as so applied. ..... provisions of the statute assailed on the ground that they are not highway regulations and violate the due process of law clause are: the requirement that the private contract carrier before engaging in business must obtain a permit upon considerations relating to the effect of their competition upon existing common carriers; the provision authorizing the railroad commission .....

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Dec 05 1932 (FN)

Shapiro Vs. Wilgus

Court : US Supreme Court

Decided on : Dec-05-1932

..... to it all of his property in exchange for substantially all of it shares and its covenant to assume payment of his debts. three days later, joined with a simple contract creditor, he sued the corporation in a federal court in pennsylvania, invoking jurisdiction on the ground of diversity of citizenship, and, with the consent of the corporation, obtained on the ..... all the shares of stock and a covenant by the grantee to assume the payment of the debts. three days later, on january 12, 1931, in conjunction with a simple contract creditor, he brought suit against the delaware corporation in the federal court, invoking the jurisdiction of that court on the ground of diversity of page 287 u. s. 353 citizenship ..... v. rodgers, 284 u. s. 521 , 284 u. s. 529 ). true indeed it is that receivers have at times been appointed even by federal courts at the suit of simple contract creditors if the defendant was willing to waive the irregularity and to consent to the decree. this is done not infrequently where the defendant is a public service corporation and .....

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Nov 07 1932 (FN)

United States Vs. Great Northern Railway Co.

Court : US Supreme Court

Decided on : Nov-07-1932

..... it to be due, with supplemental certificates from time to time thereafter. no longer does the statute speak, as it had spoken in 209(h), of "estimated amounts" and of contracts to refund any excess in the "advances." the newly authorized certificates are to represent what has been "definitely ascertained," and moneys procured thereby are characterized no longer as "advances," but ..... make good the guaranty. the secretary of the treasury was directed to make the advances in the amounts specified in the certificate upon the execution by the carrier of a contract, "secured in such manner as page 287 u. s. 148 the secretary may determine," that, upon final determination of the amount of the guaranty, it would repay the excess payment ..... 287 u. s. 147 of the carrier. for that purpose, reference was to be had to the tests prescribed by the standard form of contract for federal control. transportation act 1920, 209(f)(3); federal control contract, 5(a). the commission was to take as its base the average six months' maintenance expenses of the carrier during the years characterized as "the .....

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May 23 1932 (FN)

Atlantic Cleaners and Dyers, Inc. Vs. United States

Court : US Supreme Court

Decided on : May-23-1932

..... he should go to prison until he paid a fine to the king." and even a century or two later, when the rule in respect of contracts in restrain of trade had become less strict, in mitchell v. reynolds, 1 peere williams 181, 193, parker, c. j., referring to diers ..... well as the general trend of debate in both houses, sanctions the conclusion that congress meant to deal comprehensively and effectively with the evils resulting from contracts, combinations, and conspiracies in restraint of trade, and, to that end, to exercise all the power it possessed. in passing 1, congress could ..... to be illegal. . . ." "sec. 3. every contract, combination in form of trust or otherwise, or conspiracy, in restraint of trade or commerce in any territory of the united states or of the district of ..... and assign and allot customers has been and is being carried into effect. section 1 and 3 of the sherman act provide as follows: "sec 1. every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several states, or with foreign nations, is declared ..... of cleaning, dyeing, and renovating wearing apparel at plants located in the district, in part, and in some cases principally at wholesale pursuant to contracts or engagements with numerous so-called retail page 286 u. s. 432 dyers and cleaners who maintain shops in the district for receiving from the .....

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May 16 1932 (FN)

Bradford Electric Light Co., Inc. Vs. Clapper

Court : US Supreme Court

Decided on : May-16-1932

..... 275 u. s. 274 , 275 u. s. 279 ; pennsylvania fire insurance co. v. gold issue mining & milling co., 243 u. s. 93 , 243 u. s. 96 ; western life indemnity co. v. rupp, 235 u. s. 261 , 235 u. s. 274 -275; texas & new orleans r. co. v. miller, 221 u. s. 408 , 221 u. s. 416 ..... the provisions of this chapter shall be exclusive as regards injuries received outside this state by accident arising out of and in the course of such employment, and all contracts of hiring in this state shall be presumed to include such an agreement." vt.gen.laws [1917], c. 241, 5774. [ footnote 2 ] compare home ..... there, for both clapper and the company were at all times residents of vermont; the company's principal place of business was located there; the contract of employment was made there, and the employee's duties required him to go into new hampshire only for temporary and specific purposes, in response to ..... that is, may the new hampshire courts disregard the relative rights of the parties as determined by the laws of vermont where they resided and made the contract of employment; or must they give effect to the vermont act, and to the agreement implied therefrom, that the only right of the employee against ..... credit clause of the federal constitution, set up as a special defense that the action was barred by provisions of the vermont compensation act; that the contract of employment had been entered into in vermont, where both parties to it then, and at all times thereafter resided, and that the vermont act .....

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Apr 11 1932 (FN)

Pacific Co., Ltd. Vs. Johnson

Court : US Supreme Court

Decided on : Apr-11-1932

..... for the purpose of subjecting the tax-exempt securities, pro tanto, to the burden of the tax, and therefore impaired "the obligation of the statutory contract of the state by which such bonds were made exempt from state taxation." in the present case, the aim and purpose of the california legislature to ..... state constitution instead of by statute. there, as here, the constitutionality of the act was challenged under the federal constitution as impairing the obligation of contracts. we sustained the challenge and pointed out that, while a state was at liberty to impose a franchise tax upon a corporation with respect to the ..... page 285 u. s. 494 the tax by exempt income while excluding from the measure all taxable income. the state seeks to do only what its contract permits it to do -- to measure the franchise tax by all the net income of the taxpayer. if the words "net income" in the taxing statute ..... by authorizing the inclusion of the bond interest in the measure of the tax, in effect taxed the income, and thus impaired the obligation of the contract. page 285 u. s. 489 if, as appellant argues, the exemption from taxation of the bonds is contractual and extends to the income derived from ..... constitutional page 285 u. s. 496 validity, and the purposeful choice by the state of a method of taxation which appellee's contract allows cannot alter the terms of the contract, the present act must be judged by its operation, rather than by the motives which inspired it. as it operates to measure .....

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Apr 11 1932 (FN)

Coombes Vs. Getz

Court : US Supreme Court

Decided on : Apr-11-1932

..... connection therewith, supra ) that, upon the facts here disclosed, a contractual obligation arose, and the right to enforce it, having become vested, comes within the protection of both the contract impairment clause in art. i, 10, and the due process of law clause in the fourteenth amendment, of the federal constitution. decree reversed. mr. justice cardozo. i am unable ..... the contrary, the court said (p. 787), "the right of action against these directors conferred by 309 was a statutory right pure and simple, having no foundation in contract, nor any existence at common law." and it is significant that the court perceived a determinative distinction between 309 of the civil code and the provision of the constitution here ..... the creditors for all moneys embezzled or misappropriated by corporate officers. another section reserved power to alter or repeal all existing or future laws concerning corporations. while creditors who contracted with a corporation, with these provisions in force, were suing to enforce their rights against a director for money misappropriated by the corporation's officers, the section making the ..... of that clause, and whether that obligation has been impaired, and, likewise, will determine for itself the meaning and application of state constitutional or statutory provisions said to create the contract or by which it is asserted an impairment has been effected. p. 285 u. s. 441 . 2. one section of the california constitution provided that directors of corporations .....

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