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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1937 Page 3 of about 44 results (0.060 seconds)

Mar 01 1937 (FN)

Holyoke Water Power Co. Vs. American Writing Paper Co.

Court : US Supreme Court

Decided on : Mar-01-1937

..... of the very mischief that congress sought to hit. 3. the argument is made that, in the case now before us, the currency called for by the contract is stated too page 300 u. s. 340 indefinitely to be translated, dollar for dollar, as required by the resolution, into the legal tender of the ..... the obligation. payment in currency, quite as much as payment in coin or in bullion, was not only performance under the law, but performance under the contract, provided only that the value of the currency was equal, when paid, to the value of the gold. whether that proviso has been abrogated is next to ..... and phrases. long ago it was said by a distinguished member of this court, commenting upon a different statute, but one analogous in purpose: "if the contract page 300 u. s. 336 is for the delivery of a chattel or a specific commodity or substance, the law does not apply. if it is ..... fine as a stated number of gold dollars, with the result that delivery in such dollars is a payment in strict accordance with the letter of the contract. we must consider the situation of the parties, their business needs and expectations, in gauging their intention. when these are kept in view, the gold ..... contained in the stipulated dollars at the execution of the leases. in pressing that contention, the lessor did not deny that the law declines to give effect to contracts whereby debts are made payable in gold coin, or in currency varying in amount with the gold basis of the dollar. norman v. baltimore & ohio r. .....

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Mar 01 1937 (FN)

Founders General Corp. Vs. Hoey

Court : US Supreme Court

Decided on : Mar-01-1937

..... name securities belonging to the plaintiff, and to transfer them at plaintiff's request. for acting as nominee, the partnership received from plaintiff an annual fee of $1,500. by contract between benton & co. and plaintiff, neither the partnership nor any member thereof could claim any beneficial interest in any securities held by the firm, and plaintiff was appointed agent of ..... to receive" that portion of their stock which was designed for transfer to the bankers; that they did not become entitled to receive shares in the new company until the contract with it was made on september 27th; that, prior thereto, they had irrevocably agreed that nelson should receive and sell the shares which were to go to the bankers, and ..... to have involved a taxable transfer of rights to stock, though the old companies had no right to the stock in the consolidated company prior to the execution of the contract whereby the issue to their stockholders was directed. "the reach of a taxing act whose purpose is as obvious as the present is not to be restricted by technical refinements .....

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Mar 01 1937 (FN)

ingels Vs. Morf

Court : US Supreme Court

Decided on : Mar-01-1937

ingels v. morf - 300 u.s. 290 (1937) u.s. supreme court ingels v. morf, 300 u.s. 290 (1937) ingels v. morf no. 456 argued february 5, 1937 decided march 1, 1937 300 u.s. 290 appeal from the district court of the united states for the southern district of california syllabus 1. to justify the exaction by a state of a money payment burdening interstate commerce, it must affirmatively appear that it is demanded page 300 u. s. 291 as reimbursement for the expense of providing facilities, or of enforcing regulations of the commerce which are within its constitutional power. this may appear from the statute itself, or from the use of the money collected, to defray such expense. p. 300 u. s. 294 . 2. the california "caravan act," stats., 1935, c. 402, defines "caravaning" as the transportation "from without the state, of any motor vehicle operated on its own wheels or in tow of another vehicle for the purpose of selling or offering the same for sale . . . to any purchaser" located within or without the state; it prohibits caravaning without attaching to each vehicle a special permit, for which a fee of $15.00 is exacted. the permit is valid only for a specified trip or trips and for a period of 90 days. the act directs that the fees collected be paid into the general fund in the state treasury, and declares that they are "intended to reimburse the state treasury for the added expense which the state may incur in the administration and enforcement of this act, and the added expense .....

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Feb 01 1937 (FN)

Stockholders of Peoples Banking Co. Vs. Sterling

Court : US Supreme Court

Decided on : Feb-01-1937

..... impediment. (2) the result would not be different if the effect of the statutory amendments were to be viewed as an enlargement of the substantive liability for debts afterwards contracted, the enlargement being applicable to stockholders without exception, present as well as future. the charter was accepted subject to the condition that the personal liability then prescribed by ..... the insolvent bank, and were thus creditors, as well as stockholders. the circuit court for washington county, maryland, granted the petitions, holding the statute void as an impairment of existing contracts. the court of appeals reversed, and adjudged the statute valid. ghingher v. bachtell, 169 md. 678, 182 a. 558. the case is here upon appeal. judicial code, 237 ..... with personal liability, contend that a statute of maryland defining the form of liability and its measure offends against the constitution of the united states by impairing the obligation of contracts previously made. page 300 u. s. 177 in no. 298, the liability in controversy is that of stockholders in the peoples banking company of smithsburg, which was ..... by a receiver, assignee, or trustee of the corporation acting under the orders of a court. held that the later statute did not infringe the rights of stockholders under the contract clause of the federal constitution, because: (a) the maryland constitutional provision fixed the substantive stockholder liability; the statutes merely afforded remedies for its enforcement. pp. 300 u. s. .....

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Feb 01 1937 (FN)

United States Ex Rel. Wilhelm Vs. Chain

Court : US Supreme Court

Decided on : Feb-01-1937

..... others rest upon a power so to terminate expressly reserved in the bond or in the applicable statute. here, the bond is a binding contract supported by an adequate consideration, and there is no reservation of a right to terminate in the bond or in the statute under which it ..... as it would bind him if living. [ footnote 7 ] the principle underlying these decisions is the same that prevails in respect of other related contracts, and we regard it as well sustained in reason and supported by the preponderant weight of authority. cases are bought to our attention in which ..... are of opinion that the bond was not a mere offer, but was given upon a present and sufficient consideration, and therefore became a binding contract when it was delivered to and approved by the bankruptcy court. the inducement, as also the occasion, for the bond was the designation of ..... his death. [ footnote 2 ] the court rightly recognized that a continuing guaranty, if supported at the outset by a sufficient consideration, is a binding contract which is neither revocable by the guarantor nor terminable by his death, although the acts guaranteed may cover a long or indefinite period of time. [ ..... depository of bankruptcy funds, is not a mere offer, like a continuing guaranty of future performances revocable until something is done under it, but is a contract given upon present, adequate, and indivisible consideration -- i.e., the designation of the bank as depository -- which becomes binding when delivered to and .....

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Feb 01 1937 (FN)

isbrandtsen-moller Co. Vs. United States

Court : US Supreme Court

Decided on : Feb-01-1937

..... action is unreasonable and arbitrary, and violates the fifth amendment. the bill itself discloses the conference carriers have filed schedules of their rates, and the act requires that, if any contract for a change of those rates is made, the new rates may be charged only after the board has approved the agreement. [ footnote 10 ] the gravamen of the complaint does .....

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Feb 01 1937 (FN)

Dupont Vs. United States

Court : US Supreme Court

Decided on : Feb-01-1937

..... was an actual sale. the fact that the sale was made for the purpose of transferring a brokerage account is irrelevant. when the petitioners purchased on the exchange the future contracts for their customer, the selling broker handed the petitioners a memorandum agreeing to deliver at the date and price therein specified, and the petitioners gave the selling broker a similar ..... the exchange was concerned, as principal, to accept delivery of the cotton according to his purchase from the petitioners. the obligation assumed by the petitioners when they entered into purchase contracts could be satisfied by making payment to the clearing house or offset by selling to another broker and so obtaining that broker's ..... contract to take delivery of the cotton from the clearing house. in no other way could the petitioners relieve themselves of that obligation. the judgment is affirmed. [ footnote 1 ] 26 u. .....

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Jan 04 1937 (FN)

Kuehner Vs. Irving Trust Co.

Court : US Supreme Court

Decided on : Jan-04-1937

..... 299 u. s. 453 if the bankruptcy act was to be broadened to embrace reorganization of corporate debtors, the wisdom of relieving them of continuing liability for rent or under contracts of indemnity was apparent. and if the landlords' claims were to be discharged in the reorganization, they must be admitted to participation on an equitable basis with other claims in shaping ..... trust co. v. irving trust company, [ footnote 2 ] that the broad definition of creditors in 77b gives the petitioners a provable claim for breach of the debtor's covenant of indemnity. the section, however, limits the amount for which such a claim may be allowed. the relevant provision, so far as applicable to petitioners' claim is: "the claim of a landlord ..... provided by the statute. committees representing preferred stockholders and debenture holders objected to allowance of the claim in any amount, asserting the petitioners could not sue on the covenant of indemnity under the state law until the expiration of the term and, having no presently enforceable claim under state law, had none in the reorganization proceeding. the petitioners amended their pleading ..... court of appeals for the second circuit syllabus 1. section 77b of the bankruptcy act provides that, in proceedings to reorganize a bankrupt corporation, the claim of a landlord for indemnity under a covenant contained in a lease which has been rejected by the trustee in bankruptcy "shall be treated as a claim ranking on a parity with debts which would .....

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Jan 04 1937 (FN)

City Bank Farmers Trust Co. Vs. Irving Trust Co.

Court : US Supreme Court

Decided on : Jan-04-1937

..... subsequent to rejection of the lease. the provision is that the landlord's claim for injury resulting from rejection, or for damages, or for indemnity under a covenant, shall be limited to an amount not exceeding the rent reserved "for the three years next succeeding the date of surrender of ..... 7 ] the language which is italicized in the foregoing quotation from clause 10 can have no other meaning than that claims upon covenants for damages or indemnity arising out of the termination of a lease after initiation of proceedings under 77b are provable. the provision, however, creates no new claim. it merely ..... landlord for loss of future rent. these provisions vary in their terms, some requiring the rendition of indemnity as each installment page 299 u. s. 438 of rent falls due, others at the end of the term when the full difference between ..... lessor's reentry. under the old law, such termination did not give rise to a provable claim for future rent, or for damages, or for indemnity. not uncommonly, lease agreements, in addition to stipulation for termination of the leasehold upon the tenant's bankruptcy, provide that the bankrupt shall indemnify the ..... those for rent to accrue under a lease, or for damages or indemnity payable because of the termination of a leasehold. p. 299 u. s. 438 . 3. section 77b of the bankruptcy act provides: "in case an executory contract or unexpired lease of real estate shall be rejected pursuant to direction of .....

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Jan 04 1937 (FN)

Schwartz Vs. Irving Trust Co.

Court : US Supreme Court

Decided on : Jan-04-1937

..... . certiorari to review a judgment of the circuit court of appeals which affirmed the district court in rejecting nine claims of landlords for future rent, or indemnity, in a proceeding to reorganize the lessee corporation under 77b of the bankruptcy act. mr. justice roberts delivered the opinion of the court. the provability ..... lease, reciting the state of the title thereunder, the bankruptcy proceeding, and the authority granted the trustee by the court to reject the lease, the contract contains these provisions: the trustee assigns to the lessor its right, title, and interest in and to the lease and any subleases; the bankrupt does ..... petitioners were lessors of the debtor. their leases were rejected in a bankruptcy proceeding pending when the reorganization section was adopted. all of the leases contained indemnity covenants similar to that considered in kuchner v. irving trust co., ante, p. 299 u. s. 445 . the variant in the present case ..... released, a reservation or restriction applicable only to the release amounted to nothing. the dissenting judge agreed that the contracts operated as surrenders, but held that the riders were not limited in their operation to the release clause alone, but were applicable to the entire ..... contract and were intended and effective to reserve claims which might be found to be provable, despite surrender, either as the result of .....

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