Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1933 Page 1 of about 30 results (0.234 seconds)

Dec 04 1933 (FN)

HicklIn Vs. Coney

Court : US Supreme Court

Decided on : Dec-04-1933

..... here complained of. we think, and so hold, that in the case of private carriers, or contract carriers, the provisions of 8511 extend no further than to require such carriers to execute an indemnity bond, as the commission may prescribe under the provisions of the act, for the protection of the ..... petition and also made return and answer. the petitioners filed reply. appellant contended that the statutory requirements, as applied to him as a private contract carrier, denied the equal protection of the laws and deprived him of due process of law in violation of the fourteenth amendment, and also, ..... appellants to conform to the state laws and regulations conditioning their right to use the state highways in the business of hauling freight under private contracts for carriage. mr. chief justice hughes delivered the opinion of the court. the railroad commission of south carolina brought this suit in the ..... questions, upon the showing made, are purely academic. id. page 290 u. s. 170 6. fees of reasonable amount, exacted by a private contract carriers using state highways in interstate commerce, for maintaining those highways and as compensation for their use, and which are segregated for that purpose, are ..... public receiving injury, either in person or in property, by reason of any act of negligence of such private or contract carriers. we do not think .....

Tag this Judgment!

Dec 04 1933 (FN)

May Vs. Hamburg-amerikanische Packetfahrt, A.G.

Court : US Supreme Court

Decided on : Dec-04-1933

..... benefit of the statute, would be an actionable wrong. the maritime law abounds in illustrations of the forfeiture of a right or the loss of a contract by reason of the unseaworthiness of a vessel, though the unseaworthy feature is unrelated to the loss. the law reads into a voyage policy of insurance ..... the barrier of the statute would be sufficient, if it stood alone, to overcome the claim of privilege. it is reinforced, however, by the barrier of contract. the harter act, as we have seen, would not impose upon the cargo a duty to share in general average contribution if the jason clause or an ..... s. 351 we think the rulings and dicta of the cases in the first group are supported by the better reasons. the statute, aided by the contract, gives the shipowner a privilege upon his compliance with a condition. if he would have the benefit of the privilege, he must taken it with the attendant ..... for the negligence of his master and crew, it is no longer against the policy of the law for page 290 u. s. 344 him to contract with the cargo owners for a participation in general average contribution growing out of such negligence, and, since the clause contained in the bills of lading ..... 248, though, in so doing, it did not agree with all the findings below. the libelant, may, joined the stipulators for costs (indemnity insurance company of north america and royal indemnity company) in a petition to review the decree of affirmance. a writ of certiorari brings the case here. 1. the first question to .....

Tag this Judgment!

Nov 06 1933 (FN)

Fidelity and Deposit of Maryland Vs. Arenz

Court : US Supreme Court

Decided on : Nov-06-1933

..... s obligation according to the terms of the bond to pay respondent's debts. matter of dunfee, supra; gaddy v. witt, 142 s.w. 926; royal indemnity co. v. cooper, supra. in gleason v. thaw, 236 u. s. 558 , this court held that the professional services of an attorney were not within ..... petitioner's obligation "on credit." principal and surety must be held to have had in contemplation all liabilities that naturally might arise from such a contract. matter of dunfee, supra. respondent was bound by agreement, implied by law if not expressly made, that he would make good to petitioner whatever ..... condition." petitioner's obligation was given in behalf of respondent, and inured to his benefit. it was a means by which he procured the contract, and was security for the payment of his indebtedness incurred for labor or material required to do the work. but respondent insists that the bond ..... district court granting a discharge in bankruptcy. mr. justice butler delivered the opinion of the court. in 1929 respondent, for the purpose of procuring a contract with oregon for highway construction and in compliance with applicable statutes ( 49-701 and 67-1101, oregon code 1930), gave to the state a ..... , a contractor induced a surety company to execute a surety bond conditioned on his performance of a state page 290 u. s. 67 highway contract. upon default by the contractor, the surety became obligated upon a judgment obtained against them jointly by one who had furnished labor and materials entering .....

Tag this Judgment!

Dec 04 1933 (FN)

Yarborough Vs. Yarborough

Court : US Supreme Court

Decided on : Dec-04-1933

..... co., 202 mo.app. 28, 213 s.w. 538; state v. langford, 90 or. 251, 176 p. 197. an attempt to relieve himself of liability by a settlement or other contract will normally be ineffectual. see harper v. tipple, 21 ariz. 41, 184 p. 1005; edleson v. edleson, 179 ky. 300, 200 s.w. 625; michaels v. flach, 197 app.div ..... litigation. [ footnote 2/2 ] the mandatory force of the full faith and credit clause as defined by this court may be, in some degree not yet fully defined, expanded or contracted by congress. much of the confusion and procedural deficiencies which the constitutional provision alone has not avoided may be remedied by legislation. cook, powers of congress under the full faith ..... due process of law will not permit a state, by its judgment, to inflict parties "with a perpetual contractual paralysis" which will prevent them from altering outside the state their contracts or ordinary business relations entered into within it, new york life ins. co. v. head, supra, 234 u. s. 161 , so full faith and credit does not command that the .....

Tag this Judgment!

Nov 06 1933 (FN)

Mullen Benevolent Corp. Vs. United States

Court : US Supreme Court

Decided on : Nov-06-1933

..... in withholding a portion of the purchase money pending an investigation of the possibility that the realty would be liable for a reassessment did not give rise to an implied contract on the part of the government to pay any balance remaining due on the bonds if no lien existed at the date of acquisition. a purpose to pay only valid ..... cleared from the land at the time of the conveyances to the government; the united states recognized no lien of the bonds upon the tracts in question, and made no contract, express or implied, to pay the bonds or any future assessments; suit was not brought within the time limited by the tucker act; the cause of action, if any, was ..... lien upon lands owned by the government. united states v. city of buffalo, 54 f.2d 471. the respondent did not expressly contract with the petitioner to make good any unpaid balance on the outstanding bonds. can an implied contract of that nature be spelled out of the acts of the government's agents? we think not. care was taken to free .....

Tag this Judgment!

May 29 1933 (FN)

Texas and Pacific Railway Co. Vs. United States

Court : US Supreme Court

Decided on : May-29-1933

..... rate, that would surely not justify the commission's adjusting the rate between this road and some other road that has no connection with it by law or privity of contract. . . ." cong.rec. vol. 40, p. 6683. read in the light of this statement, there is nothing to support the conclusion of the court in the other statement of senator raynor ..... the origin nor the ultimate destination of the traffic involved, but a gateway through which it passes, albeit it is arrested there pending its transshipment upon a new and independent contract for ocean transportation. it is said that a gateway is not a "locality" within the meaning of the act because it was never intended that the statute should forbid discrimination ..... transfer of traffic between the rail and water carriers. " page 289 u. s. 635 although the shipper, in the first instance, consigns the commodity to the port, and a separate contract is made for ocean carriage, the through rate nonetheless consists of the rail rate to the port plus the ocean freight, which is the same from all gulf ports. [ footnote .....

Tag this Judgment!

Apr 10 1933 (FN)

Gant Vs. Oklahoma City

Court : US Supreme Court

Decided on : Apr-10-1933

..... but indifferently urged at the bar. the point stressed was that the provision of the ordinance requiring the bond to be given by a bonding or indemnity company authorized to do business in the state, and thereby excluding the furnishing of personal sureties, is so arbitrary and unreasonable as to constitute a denial ..... due process of law. that contention also is without merit. the most that can be said is that whether the guaranty of a bonding or indemnity company operating under state law and subject to state regulation is of greater worth than that of personal sureties is a question about which opinions reasonably ..... city until there shall be filed with the city clerk a bond in the sum of $200,000 covering each well, executed by "some bonding or indemnity company authorized to do business in the state of oklahoma," conditioned for the payment of damages on account of injuries to property, bodily injuries, etc., ..... contain gas and oil; that, by the terms of the lease, they are required to commence drilling a well within a time fixed; that they have contracted for such drilling and the work has been begun and is now in progress; that they have a permit from the authorities of the city as required ..... the due process clause of the fourteenth amendment. p. 289 u. s. 101 . 3. a further requirement that the bond be executed by some bonding or indemnity company authorized to do business in the state is also valid. p. 289 u. s. 101 . 4. the wisdom and fairness of this requirement were for .....

Tag this Judgment!

Apr 10 1933 (FN)

United States Vs. Dubilier Condenser Corp.

Court : US Supreme Court

Decided on : Apr-10-1933

..... the varying and conflicting language of the books cannot obscure the reality that, in any case where the rights of the employer to the invention are not fixed by express contract, and no agreement in fact may fairly be implied, equity determines after the event what they shall be. in thus adjudicating in invitum the consequences of the employment relationship, ..... the record in this case discloses that the bureau of standards had no such regulation, it is unnecessary to consider whether the various departments have power to impose such a contract upon employees without authorization by act of congress. the question is more difficult under our form of government than under that of great britain, where such departmental regulations seem to ..... 27 ]" the committee recommended legislation to create an interdepartmental patents board, and further that the law make it part of the express terms of employment, having the effect of a contract, that any patent application made or patent granted for an invention discovered or developed during the period of government service and incident to the line of official duties, which in ..... patents within the government service and to recommend regulations establishing a policy to be followed in respect thereof. the report adverted to the fact that, in the absence of a contract providing otherwise, a patent taken out by a government employee, and any invention developed by one in the public service, is the sole property of the inventor. the committee .....

Tag this Judgment!

Mar 13 1933 (FN)

Appalachian Coals, Inc. Vs. United States

Court : US Supreme Court

Decided on : Mar-13-1933

..... on the same freight rates, and, for all practical purposes, might have been included in the territory described as appalachian territory." [ footnote 3 ] exception is made of deliveries on contracts then outstanding and of coal used in the operations of defendant's mines or sold to its employees. [ footnote 4 ] the findings show that: "the number of domestic oil ..... which recommended page 288 u. s. 365 the organization of regional sales agencies, and was supported by the opinion of counsel as to the legality of proposed forms of contract, was approved. committees to present the plan to producers were constituted for eighteen producing districts, including the eight districts in appalachian territory. meetings of the representatives of the latter ..... competition upon a sound basis. the decisions establish, said this court in nash v. united states, 229 u. s. 373 , 229 u. s. 376 , "that only such contracts and combinations are within the act as, by reason of intent or the inherent nature of the contemplated acts, prejudice the public interests by unduly restricting competition or unduly obstructing ..... holdings being in page 288 u. s. 358 proportion to their production. the majority of the common stock, which has exclusive voting right, is held by seventeen defendants. by uniform contracts, separately made, each defendant producer constitutes the company an exclusive agent for the sale of all coal (with certain exceptions) which the producer mines in appalachian territory. [ footnote 3 .....

Tag this Judgment!

Feb 06 1933 (FN)

Dickson Vs. Uhlmann GraIn Co.

Court : US Supreme Court

Decided on : Feb-06-1933

..... executed and in which the purported other party to the transaction, either acting for himself or a pretended undisclosed principal, was also a clearing member." "4. every pretended contract of purchase or sale executed by plaintiff for defendants was purported to have been carried out in conformity with and in compliance with the rules of the particular grain exchange ..... [acted] as broker for defendants in the purchase and sale of grain for future delivery, and in no case did plaintiff pretend to enter into any other than a brokerage contract with any defendant." "2. every pretended purchase and pretended sale was executed by plaintiff for defendant on the grain exchange in chicago, illinois, minneapolis, minnesota, or winnipeg, manitoba. ..... intended by the parties to be, and in fact were, closed by such countertransactions prior to the time fixed for delivery. in accordance with usage prevailing on all contract market exchanges, defendants' contracts of purchase were closed by corresponding sales, and vice versa. and, in each instance, plaintiff sent a statement to the defendant showing the respective dates of purchase and ..... , and hence invalid under the law of missouri, and (2) that the grain futures act superseded all relevant state laws relating to the subject of dealings in futures on "contract markets," and that the transactions in question, being valid under the federal act, were necessarily valid under the laws of missouri. the circuit court of appeals, one judge dissenting, .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //