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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1939 Page 1 of about 35 results (0.168 seconds)

Jan 03 1939 (FN)

Connecticut Railway, and Lighting Co. Vs. Palmer

Court : US Supreme Court

Decided on : Jan-03-1939

..... , whether railroad or nonrailroad, claims for future rents depended for their provability page 305 u. s. 504 upon the fact of reentry, [ footnote 16 ] the existence of a clause for indemnity in case of breach, [ footnote 17 ] or the incidence of the maturity of the rent claim under the local law. [ footnote 18 ] the damages recovered by an injured party have ..... 1898, as amended, is amended to read as follows:" "(a) debts of the bankrupt may be proved and allowed against his estate which are . . . (7) claims for damages respecting executory contracts including future rents whether the bankrupt be an individual or a corporation, but the claim of a landlord for injury resulting from the rejection by the trustee of an unexpired ..... be carried on in a bankruptcy court with equity powers, it was natural to add the clause as to equitable proceedings. leases were placed upon the same basis as executory contracts. the new haven urges that the reference to "equitable proceedings" is to receiverships in equity, as such receiverships were mentioned twice in the same subsection. the use of "equitable ..... at self-rehabilitation. [ footnote 5 ] everyone interested in bankruptcy problems had long been familiar with the future rent situation and its ramifications into the fields of anticipatory breach of executory contracts and the provability of contingent claims. [ footnote 6 ] during the years 1933 to 1935, the congress dealt on several occasions with landlords' claims for future rent. the act of .....

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May 29 1939 (FN)

Newark Fire Ins. Co. Vs. State Board of Tax Appeals

Court : US Supreme Court

Decided on : May-29-1939

..... of these intangibles by the state of the corporation's legal domicile. the presumption of a taxable situs solely in new jersey is not overturned. universal insurance company and universal indemnity insurance company have appeals involving the same questions. by stipulation these cases were consolidated for review below and appeal here. page 307 u. s. 323 these appellants are new jersey ..... in action were the indebtedness for or the proceeds of sales confirmed in west virginia, attributable "to the place where they arise in the course of the business of making contracts of sale." in first bank stock corp. v. minnesota, supra, another delaware corporation was found to have established a commercial domicile for itself and given a business situs to certain ..... comparison with new jersey or the other states. we are not told where business is accepted, moneys collected, or insurance contracts made. the securities may represent local loans or investments in new jersey or elsewhere made from funds derived from similar insurance contracts with a business situs at those points. [ footnote 21 ] they may be the result of insurance activities of many .....

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Mar 27 1939 (FN)

Pacific Employers Ins. Co. Vs. Industrial Accident Comm'n

Court : US Supreme Court

Decided on : Mar-27-1939

..... compensation under the california act for injuries received in the course of his employment in that state, naming petitioner as insurance carrier under that act; the hartford accident & indemnity company, as insurer under the massachusetts act, was made a party. the california commission directed petitioner to pay the compensation prescribed by the california act, including the amounts ..... compensation for the massachusetts employee if injured within the state of california, but it expressly provides, for the guidance of its own commission and courts, that "[n]o contract, rule or regulation shall exempt the employer from liability for the compensation fixed by this act." the supreme court of california has declared in its opinion in this ..... similarly, the constitutionality of the provisions of the california statute awarding compensation for injuries to an employee occurring within its borders, and for injuries as well occurring elsewhere, when the contract of employment was entered into within the state, is not open to question. alaska packers association v. industrial accident comm'n, 294 u. s. 532 ; new york ..... appears: not only does the california statute conflict with the massachusetts statute in respect of its application to employees injured in california, but it also expressly provides that "no contract, rule or regulation shall exempt the employer from liability for the compensation fixed by this act," and further, the supreme court of california, in its opinion in this .....

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Nov 13 1939 (FN)

Ziffrin, Inc. Vs. Reeves

Court : US Supreme Court

Decided on : Nov-13-1939

..... has been decided in the cases above referred to. the record shows no violation of equal protection. a licensed common carrier is under stricter control than an ordinary contract carrier, and may be entrusted with privileges forbidden to the latter. here, the state law creates no discrimination against interstate commerce. it is subjected to the same ..... to the commerce, due process and equal protection clauses of the federal constitution in that, under pain of excessive penalties, it undertakes to prevent an authorized interstate contract carrier from continuing an established business of transporting exports of liquors from kentucky in interstate commerce exclusively. also: intoxicating liquors are legitimate articles of interstate commerce unless federal ..... the licensed premises only, . . . (3) by licensed distillers, rectifiers or vintners for export out of the commonwealth; provided, no distiller, rectifier or vintner shall sell or contract to sell, give away or deliver any alcoholic beverages to any person who is not duly authorized by the law of the his residence and of the federal government if ..... whiskey from distillers in kentucky for direct carriage to consignees in chicago. it has permission under the federal motor carrier act, 1935, [ footnote 1 ] to operate as a contract carrier, and claims the right to transport whiskey as heretofore, notwithstanding inhibitions of the kentucky alcoholic beverage control law approved march 7, 1938. [ footnote 2 ] by this proceeding .....

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Jun 05 1939 (FN)

American Toll Bridge Co. Vs. Railroad Comm'n

Court : US Supreme Court

Decided on : Jun-05-1939

..... hearing and failed adequately to find the facts. the commission initiated the proceeding, entitled "in the matter of the investigation, upon the commission's own motion, into the rates, charges, contracts, classifications, rules and regulations of american toll bridge company covering its operation of the toll bridge over the carquinez straits between the counties of contra costa and solano;" gave appellant ..... , public and private, to permit adequate elasticity in the exercise of the legislative ratemaking function in the light of prevailing economic conditions. such a statute does not savor of a contract obligation to the grantee. its object was to delegate to and vest in the designated body the power to regulate tolls as circumscribed by the stated limitation." 12 cal.2d ..... reductions, limited by the 15 percent maximum at any time the disproportion is shown to exist. it construed the language of that section to be inconsistent with the intent to contract that appellant shall have a 15 percent return, if yielded by the tolls specified in the franchise. the opinion explains that: "rather, it is to be assumed that the ..... review; the court upheld the order. 12 cal.2d 184. the statutory provisions authorizing the county board to grant the franchises, ordinance no. 171, and the grantees' acceptance constitute a contract between the parties. contra costa county v. american toll bridge co., 10 cal.2d 359, 74 p.2d 749. as to that, there is no controversy. but appellant contends that .....

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Jun 05 1939 (FN)

United States Vs. Rock Royal Cooperative, Inc.

Court : US Supreme Court

Decided on : Jun-05-1939

..... other business corporations which are wholly owned subsidiaries of the cooperative. these distributing subsidiaries use the leased physical facilities under verbal contracts with the cooperative. the cooperative receives the net amount from the sales, and distributes to its patrons under license from the director of the division ..... agrees to pay . . . for the milk . . . a price . . . based upon the amount received . . . less the expenses. . . ." non-members' milk is marketed under the same contract. the cooperative leases receiving and distributing facilities from a business corporation. the milk is received by the cooperative at receiving plants and shipped to the city depot. it distributes through ..... same cooperatives under subsection (f): "nothing . . . shall . . . prevent a cooperative . . . from . . . making distribution thereof [net proceeds] . . . in accordance with the contract between the association and its producers." this language specifically permits -- indeed, requires -- the order to except cooperatives from the requirement of paying minimum prices to producers. as the minimum price ..... the act, which provides that "nothing . . . shall . . . prevent a cooperative . . . from . . . making distribution [of net proceeds] . . . in accordance with the contract between the association and its producers." p. 307 u. s. 561 . 7. the objection that, in authorizing payments to cooperatives and certain other "handlers" from the producer settlement fund, the .....

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May 22 1939 (FN)

United States Vs. One Ford Coach

Court : US Supreme Court

Decided on : May-22-1939

..... bliss. by failure to make inquiry, they can effectively insulate themselves even from the knowledge which their business intimates -- the dealers -- have. unless informed by disclosures, in the written contract or otherwise, they can contentedly assume that the purchaser is not a straw man for a bootlegger. that they will thus be voluntarily informed by the parties or by others ..... to such vehicle or aircraft, unless and until he [the claimant] proves that, before [he] -- such claimant -- acquired his interest, or such other person acquired his right under such contract or agreement, whichever occurred later, [he] -- the claimant -- his officer or agent, was informed in answer to his inquiry at [certain headquarters specified in the alternative] as to the ..... of the record and reputation of paul walker, followed by favorable reports, and believing him to be purchaser and owner of the automobile, claimant in good faith acquired the sales contract. it had no knowledge, information, or suspicion that paul walker was only a "straw" purchaser. this is enough to show compliance with subsection (b)(2). the suggestion that, ..... made no adequate inquiry concerning the record and reputation of the real purchaser -- guy walker. respondent's interest in the automobile is not questioned. it "purchased the conditional sales contract in good faith, believing that paul walker was the purchaser and owner of the automobile. it had no knowledge, information, or suspicion of the true facts until after the .....

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May 22 1939 (FN)

Guaranty Trust Co. Vs. Henwood

Court : US Supreme Court

Decided on : May-22-1939

..... , there were many obligations of american citizens payable abroad exclusively in foreign currency, and the attendant devaluation of the dollar greatly increased the burden of performance of such contracts through the necessity of purchasing with depreciated dollars the foreign exchange required for their fulfillment. but it must be conceded that congress did not undertake to relieve any american ..... five currencies was not an obligation payable in any currency until express election of payment in a particular currency was made. legal rights and obligations came into existence when the contracts for purchase of the bonds were completed. since the words "obligation[s] . . . payable in money of the united states" are clearly broad enough to require inclusion of ..... types of money. this, however, did not divide the railroad's undertaking to repay into five separate and independent obligations to repay the same loan. payment under the contract in any one of the currencies selected by the bondholder would discharge the entire single obligation of the debtor. payment in guilders, after payment in guilders was elected, would ..... the terms of the resolution [ footnote 3 ] discloses, first, the congress declared certain types of contractual provisions against public policy in terms so broad as to include then existing contracts, as well as those thereafter to be page 307 u. s. 252 made. in addition, future use of such proscribed provisions was expressly prohibited, whether actually contained in .....

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May 15 1939 (FN)

United States Vs. Marxen

Court : US Supreme Court

Decided on : May-15-1939

..... was used. as the certificate does not show the state in which the note was executed, payable, or enforceable, we are left to speculate as to the applicable law of indemnity. it is not clear that a voluntary guarantor can recover in every jurisdiction from the involuntary principal who has not requested the service. [ footnote 9 ] but even if we assume ..... of that act, quoted above, does not indicate any privity between the bankrupt maker and the government based upon the insurance contract. even if we accept as accurate the statement in the certificate that the administration insured against the nonpayment of this note, [ footnote 7 ] there is nothing in the record to ..... implied, by the obligor to indemnify the government for any loss it may sustain by reason of its insurance of the bank. the question certified contains nothing as to the contract of insurance except that it was under the provisions of the national housing act, and "insured the payee bank against the nonpayment of the note by its maker." the section ..... of the indebtedness, but defaulted on the balance on february 2, 1937. on april 5, 1937, it filed a petition in bankruptcy and was adjudicated a bankrupt. under the insurance contract, the bank had to wait until 60 days after default before making claim upon the administrator. the 60 days expired two days before bankruptcy of the company. the bank, however .....

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Apr 17 1939 (FN)

Labor Board Vs. Fainblatt

Court : US Supreme Court

Decided on : Apr-17-1939

..... apparel located at somerville, new jersey, where he employs some sixty women. there he receives material belonging to lee sportswear company of new york and, under contract, converts this into garments. these are delivered to the company's representative, and payment is made for the work done. the owner sends the finished products ..... , directly from the mills manufacturing them, many of which are outside of new jersey. all the materials are manufactured at respondents' new jersey factory under contract. the finished garments are there delivered to a representative of the lee sportswear company, who ships them to the company in new york city or directly ..... engaged at somerville, new jersey, in the business of processing materials into various types of women's sports garments. they operate what is known as a "contract shop." the materials are supplied by and are the property of the lee sportswear company, a partnership page 306 u. s. 603 located in new york ..... of workers employed and eighth in value of product. u.s. biennial census of manufactures (commerce dept., 1933). in this industry, the "contract shop" is common. about one-half of the 3,414 enterprises engaged in 1935 in the manufacture of women's dresses were ..... "contract shops." u.s. biennial census of manufactures (commerce dept., 1935). these enterprises employed an average of only about thirty-two employees each. mr. .....

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