Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1938 Page 1 of about 42 results (0.057 seconds)

May 23 1938 (FN)

Aetna Ins. Co. Vs. United Fruit Co.

Court : US Supreme Court

Decided on : May-23-1938

..... in the effect of the valuation clause, in fixing the liability of the insurer, do not alter the character of the valued policy as a contract of indemnity, or afford any basis for alteration of his rights as an indemnitor. whether, upon a valued or an open policy, he is entitled to ..... to exclude proof of actual value when relevant. p. 304 u. s. 435 . 3. the valued policy, like an open policy, is a contract of indemnity; in either case the indemnitor is entitled to share in the insured's recovery of damages for loss of the ship only by page 304 u. s ..... the litigation. petitioners submit no interest computations, and have otherwise made no effort to sustain the burden of proving that respondent has received more than indemnity for the delay in payment of as much of the loss as was not covered by insurance. since the expenses have been apportioned by charging the ..... as a co-insurer of the hull in event of total loss. petitioners make no contention that respondent, if so regarded, has received more than appropriate indemnity after the distribution of the proceeds of the collision suit. the total insurance received by respondent from the insurers in 1918 and 1919, aggregating $886, ..... for would require a radical departure from the principle on which subrogation is founded. consistently applied, it would in some cases deprive the insured of indemnity, and indeed might enable the insurer to make a profit by recovering more from the insured than the amounts paid on the policy. we are unable .....

Tag this Judgment!

Feb 14 1938 (FN)

New York Life Ins. Co Vs. Gamer

Court : US Supreme Court

Decided on : Feb-14-1938

..... the charges to which it referred. it falls far short of sustaining the instructions challenged in the present case. under the contract in the case now before us, double indemnity is payable only on proof of death by accident as there defined. the burden was on plaintiff to allege, and by ..... bodily injury effected solely through external, violent, and accidental means. . . . double indemnity shall not be payable if the insured's death resulted from self-destruction, whether sane or insane." respondent sued petitioner in a state court for $20 ..... cause, or $20,000 in case of death resulting from accident as defined by a provision the pertinent parts of which follow: "the double indemnity . . . shall be payable upon receipt of due proof that the death of the insured resulted directly and independently of all other causes from ..... , from bodily injury effected solely through external, violent, and accidental means, but that double indemnity should not be payable if the death resulted from self-destruction. the insured died of a rifle shot. in an action on the policy ..... 1938 303 u.s. 161 certiorari to the circuit court of appeals for the ninth circuit syllabus a life insurance company stipulated to pay double indemnity (twice the face of the policy) upon receipt of due proof that death of the insured resulted, directly and independently of all other causes .....

Tag this Judgment!

May 02 1938 (FN)

RuhlIn Vs. New York Life Ins. Co.

Court : US Supreme Court

Decided on : May-02-1938

..... the new york life insurance company, respondent here, filed its bill of complaint in the district court for western pennsylvania to rescind, because of certain misrepresentations, the disability and double indemnity provisions in five policies issued on the life of defendant john g. ruhlin, and made in favor of the other defendants as beneficiaries. the bill alleged that the plaintiff is ..... of circuits, the court granted certiorari. it was stated in carpenter v. providence washington ins. co., 16 pet. 495, 41 u. s. 511 , that questions concerning the proper construction of contracts of insurance are "questions of general commercial law," and that state decisions on the subject, though entitled to great respect, "cannot conclude the judgment of this court." a limitation was ..... the pennsylvania court would have applied. the pleadings might have shown in what place the policy was delivered [ footnote 2 ] and perhaps other facts attending the making of the insurance contract. it may be noted that petitioner's brief asserts, without record reference, that the applications for the first two policies were made in pennsylvania, and the application for the remaining ..... here set up. mayer v. prudential life insurance company of america, 121 pa.super. 475, 184 a. 267." [ footnote 2 ] under the general doctrine, the interpretation of an insurance contract depends on the law of the place where the policy is delivered. mutual life ins. co. v. johnson, 293 u.s. 293 u. s. 339 . we do not now determine .....

Tag this Judgment!

Dec 05 1938 (FN)

Consolidated Edison Co. Vs. Labor Board

Court : US Supreme Court

Decided on : Dec-05-1938

..... companies -- formerly officers in the recently disestablished "employees' representation plans," actually company unions -- to further the development of the i.b.e.w. unions by recognition, contracts for bargaining, openly expressed approval, page 305 u. s. 247 establishment of locals and by permitting solicitation of employees on the time and premises of the edison companies. ..... that the "fundamental purpose of the act is to protect interstate and foreign commerce from interruptions and obstructions caused by industrial strife." this is to be accomplished by contracts with labor organizations, reached through collective bargaining. the labor organizations, in turn, are to be created through the self-organization of workers, free from interference, restraint, ..... fundamental purpose of the act is to protect interstate and foreign commerce from interruptions and obstructions caused by industrial strife. this purpose appears to be served by these contracts in an important degree. representing such a large percentage of the employees of the companies, and precluding strikes and providing for the arbitration of disputes, these agreements ..... with the formation or administration of any labor organization or had contributed financial or other support to it, the charge was dismissed. another consideration is that the contracts recognize the right of employees to bargain collectively; they recognize the brotherhood as the collective bargaining agency for the employees who belong to it, and the .....

Tag this Judgment!

Dec 05 1938 (FN)

Neblett Vs. Carpenter

Court : US Supreme Court

Decided on : Dec-05-1938

..... insurance company, pursuant to the insurance code of california, [ footnote 1 ] unconstitutionally deprive policy holders of their property without due process of law, or impair the obligation of their contracts. [ footnote 2 ] for many years the pacific mutual life insurance company of california has written life, health, and accident insurance. since 1918, it has issued noncancelable health and ..... claims for breach of contract because no liquidator has been appointed must be dismissed, since no reason appears why action cannot, consistently with the plan, be taken upon a pending application for the appointment ..... of life and noncancelable health and accident insurance policies challenged the plan and court order approving it as denying them due process of law and impairing the obligation of their contracts. upon review of a decision of the state court overruling their claims, held: (1) the contention that dissenting policyholders do not have the option of proving their ..... administration of the assets of an insolvent insurance company; (3) that the authority which the code confers on the commissioner to enter into rehabilitation or insurance agreements embraces a contract for assumption of the insolvent company's policies by a new company organized by the commissioner; and (4) that action of the commissioner in this case did not .....

Tag this Judgment!

Nov 21 1938 (FN)

General Talking Pictures Corp. Vs. Western Elec. Co.

Court : US Supreme Court

Decided on : Nov-21-1938

..... prior opinion in this case, both courts below and the opinion on this rehearing, all refer to the transaction between transformer company and petitioner as a sale. even the very contract authorizing the transformer company to make and sell the amplifiers provided: "that, for the purpose of this agreement, all licensed apparatus shall be considered as 'sold' when the licensed apparatus ..... of a purchaser, it is no longer within the limits of the monopoly. it passes outside of it, and is no longer under the protection of the act of congress. . . . contracts in relation to it are regulated by the laws of the state, and are subject to state jurisdiction. [ footnote 1 ] " page 305 u. s. 129 a single departure from this ..... amateur reception, radio experimental reception, and radio broadcast reception throughout the united states and its territories or dependencies, licensed apparatus so manufactured by the licensee. . . ." (italics supplied.) reasonably interpreted, this contract grants the right to make everything described in the patents; the sole limitation on the right to make relates to the place of manufacture. the ..... contract grants the right to sell the manufactured articles, with an attempt by notice to restrict their use in the hands of owners to whom they are sold. [ footnote 5 ] one .....

Tag this Judgment!

Nov 07 1938 (FN)

Hines Vs. Lowrey

Court : US Supreme Court

Decided on : Nov-07-1938

..... fixed by statute. collection of a greater fee than that fixed in the statute is made a crime, and this court has sustained a conviction under the statute. [ footnote 9 ] contracts for the collection of fees in excess of valid statutory limitations and for services validly prohibited by statute cannot stand, whether made with a competent veteran or the guardian of ..... ' imprisonment. a committee (guardian appointed by a new york state court) for an insane veteran retained an attorney to prosecute the rights of the incompetent on a war risk insurance contract. the new york court was petitioned for an attorney's fee of $3,000. upon hearing, it appeared that the attorney had performed services of an investigational page 305 u ..... of the act. held, the limitation was binding upon a state court in respect of an allowance for services rendered in connection with a claim on a war risk insurance contract by an attorney engaged by the guardian of an incompetent veteran. hines v. stein, 298 u. s. 94 , distinguished. p. 305 u. s. 87 . 2. section 500 of the world ..... judgment or decree at a rate not exceeding one-tenth of each of such payments until paid. any person who shall, directly or indirectly, solicit, contract for, charge, or receive, or who shall attempt to solicit, contract for, charge, or receive, any fee or compensation, except as herein provided, shall be guilty of a misdemeanor, and for each and every offense shall .....

Tag this Judgment!

May 31 1938 (FN)

Collins Vs. Yosemite Park and Curry Co.

Court : US Supreme Court

Decided on : May-31-1938

..... the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings." [ footnote 14 ] james v. dravo contracting co., 302 u. s. 134 , 302 u. s. 148 . [ footnote 15 ] fort leavenworth r. co. v. lowe, supra; chicago, r.i. & p. r ..... interfere with an agency of the united states, but may be actually partly collected from the national government because of its interest in the profits under the contract, is fully answered by the fact that the united states, by its acceptance of qualified jurisdiction, has consented to such a tax. [ footnote 29 ..... the california act, and that payment of such license fees or taxes will not be allowed as an operating expense under the contract. appellee brought this suit to restrain enforcement of the alcoholic beverage control act within yosemite park on the theory that the park is within ..... and criminal proceedings against appellee for violation of the act. on the other hand, appellee's allegations continue, the secretary of the interior, under the contract of lease, has approved prices making no allowance for taxes, and has instructed appellee to apply for no license and to pay no tax under ..... act cited. p. 304 u. s. 534 . 3. a corporation operating hotels, camps, and stores in the yosemite national park, under a contract with the secretary of the interior obliging it to pay over to him a portion of its excess profits, imported beer, wine and spirits from places outside .....

Tag this Judgment!

May 16 1938 (FN)

Taft Vs. Commissioner

Court : US Supreme Court

Decided on : May-16-1938

..... funeral expenses, administration expenses, claims against the estate, unpaid mortgages upon, or any indebtedness in respect to, property . . . to the extent that such claims, mortgages, or indebtedness were incurred or contracted bona fide and for an adequate and full consideration in money or money's worth, . . ." " * * * *" "(3) the amount of all bequests, legacies, devises, or transfers, to or for ..... to pay money to a charitable or educational institution, where the only consideration was a stipulated application of the amount received, does not constitute a claim against the estate contracted for an adequate and full consideration in money or money's worth, notwithstanding the fact that, under local law the promise is enforceable. in this view we agree. 2 ..... the necessity of reducing the personnel of the orchestra the institute conducts, agreed with the institute that, if it would retain two musicians, she would pay their salaries under contracts covering two years. in reliance upon her promise the institute reengaged the two men. the decedent paid the amount of their salaries prior to her death, and petitioner, as ..... decedent to pay money to a charitable or educational institution, where the only consideration was a stipulated application of the amount received, does not constitute a claim against the estate contracted for an adequate and full consideration in money or money's worth, notwithstanding the fact that, under local law, the promise is enforceable. p. 304 u. s. 355 . .....

Tag this Judgment!

May 16 1938 (FN)

J. D. Adams Mfg. Co. Vs. Storen

Court : US Supreme Court

Decided on : May-16-1938

..... the supreme court is plainly wrong, even upon the assumption that, in adopting the statutory exemption, the legislature intended to, and in fact did, contract with purchasers of municipal bonds. as respects the tax demanded on appellant's gross income from its business in interstate commerce, the judgment is reversed ..... that the acts were page 304 u. s. 315 not intended to create a contract, and did not in fact do so, but that, if they did, the covenant did not embrace interest payable on municipal obligations, but ..... of the gross income tax act of 1933. the appellant insists that the exemption granted in the acts of 1903 and 1919 constitutes a contract with purchasers of municipal securities the obligation of which is unconstitutionally impaired by the attempt to tax the interest they yield. the state replies ..... holding that the tax demanded does not unconstitutionally burden the interstate commerce in which appellant is engaged and does not impair the obligation of any contract of the state exempting municipal securities from taxation. [ footnote 2 ] 1. will the threatened imposition of the tax on the gross income from ..... determine whether the indiana gross income tax act of 1933, [ footnote 1 ] as construed and applied, burdens interstate commerce and impairs the obligation of contract in contravention of article 1, 8 and 10, of the constitution of the united states. section 1 declares that the phrase "gross income," as used .....

Tag this Judgment!


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