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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1943 Page 1 of about 42 results (0.071 seconds)

Jan 18 1943 (FN)

Brady Vs. Roosevelt Steamship Co.

Court : US Supreme Court

Decided on : Jan-18-1943

..... , his only shield is a constitutional rule of law that exonerates him." furthermore, if the united states were to become the real party in interest by reason of a contract for exoneration or indemnity, a basic alteration in that concept ( minnesota v. hitchcock, 185 u. s. 373 , 185 u. s. 387 ) would be made not pursuant to a congressional policy, [ footnote 4 ..... would be a matter of favor, not of right, in many cases. for, apart from any express contract, the agent's right of exoneration or indemnity has not been thought to extend to situations where his liability was based on his own fault. 4 williston, contracts (1936 ed.) 1026. hence, we cannot conclude that in all cases where a private operator of a ..... a vessel owned by the united states maritime commission, and which the corporation operates under a contract made pursuant to 707(c) of the merchant marine act of 1936, even though the contract may give to the corporation in such case a right of exoneration or indemnity against the commission. fleet corporation v. lustgarten, 280 u. s. 320 , overruled pro tanto. pp. 317 ..... ] but by reason of concessions made by contracting officers of the government. such a change would be detrimental to the interests of private claimants, as we have said, since it would subtract from the legal remedies which the law has afforded them. beyond that, it would make the existence of a right to exoneration or indemnity a jurisdictional fact. that could hardly .....

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Apr 19 1943 (FN)

Aguilar Vs. Standard Oil Co.

Court : US Supreme Court

Decided on : Apr-19-1943

..... the period of their service. [ footnote 6 ] in the united states, this obligation has been recognized consistently as an implied provision in contracts of marine employment. [ footnote 7 ] created thus with the contract of employment, the liability, unlike that for indemnity or that later created by the jones act, [ footnote 8 ] in no sense is predicated on the fault or negligence of the ..... ware 1, and see cases cited supra, note 10 [ footnote 23 ] at the argument, it was suggested that a reason which might sustain the imposition of liability for sickness innocently contracted on shore leave, but not for injuries so incurred, would be the difficulty of proving origin ashore. the difficulty undoubtedly would exist in some cases, but hardly in all. no ..... ] see, e.g., laws of oleron, articles vi, vii; laws of wisbuy, articles xviii, xix; laws of the hanse towns, articles xxxix, xlv; marine ordinances of louis xiv, of marine contracts, title fourth, articles xi, xii, compiled in 30 fed.cas. 1171-1216; cf. harden v. gordon, supra. the laws of oleron are typical of the provision for injuries: "if any ..... voyage creates not only the need for relaxation ashore, but the necessity that it be satisfied in distant and unfamiliar ports. if, in those surroundings, the seaman, without disqualifying misconduct, contracts disease or incurs injury, it is because of the voyage, the shipowner's business. that business has separated him from his usual places of association. by adding this separation to .....

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Mar 01 1943 (FN)

Hoopeston Canning Co. Vs. Cullen

Court : US Supreme Court

Decided on : Mar-01-1943

..... these. [ footnote 6 ] reciprocals' subscribers page 318 u. s. 320 in every state must execute their powers of attorney in accordance with specified forms and a standard form of contract must be used by all subscribers wherever they are located. certain forms of accounting are also required. advisory committees of the subscribers themselves, rather than appointed attorneys in fact must ..... the cause and extent of losses, and, on such trips, the engineer may give information concerning the enterprise to prospective participants, although he does not actively solicit business. the contracts reserved the right of the reciprocals to go into new york to repair, rebuild, or replace lost or damaged property. cf. pennsylvania lumbermen's mutual fire insurance co. v. ..... in that state. article 12, applicable to reciprocal insurance associations, defines them as aggregations of persons, firms, or corporations who under, a common name, engage in the business of exchanging contracts of insurance on the reciprocal plan through an attorney in fact. [ footnote 1 ] page 318 u. s. 315 the issue in this case is whether the appellants, reciprocal insurance ..... surely the object of all this activity is not the signing of a contract or a check, but the protection of property and payment of indemnity in case of loss by fire. these business transactions neither begin nor end with the contract. the intimacy of the relation of these insurance contracts to the state of new york becomes even more apparent when it is .....

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Dec 20 1943 (FN)

Magnolia Petroleum Co. Vs. Hunt

Court : US Supreme Court

Decided on : Dec-20-1943

..... for the injury. to the same effect are traders & general ins. co. v. baker, 111 s.w.2d 837, 839, 840; middlebrook v. texas indemnity ins. co., 112 s.w.2d 311, 315; cf. federal surety co. v. cook, 119 tex. 89, 24 s.w.2d 394. the texas ..... by louisiana? (2) assuming the texas award was intended to constitute such a bar, does the interest of louisiana in regulating the employment contracts of its residents nevertheless permit it to grant that larger measure of compensation which as a matter of local policy it believes necessary? the decision ..... is not only a limited one. the employee is domiciled in louisiana, the employer is authorized to do business in louisiana. the employment contract is a louisiana contract. louisiana has such a considerable interest at stake that i would allow its policy to be obliterated or subordinated only in case what took ..... ] the statute is applicable to all employees in certain specified hazardous occupations (including the work performed by respondent), and to employees in other occupations by voluntary contract between the employer and the employee. la.gen.stat. title 34, ch. 15, 4391. such employees as receive injuries in the course of their employment ..... louisiana have undertaken to adjudicate the rights of the same parties arising from a single injury sustained in the course of employment under the same contract. each state has awarded to respondent compensation for that injury. but whether the texas award purported also to adjudicate the rights and duties of .....

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Nov 22 1943 (FN)

Midstate Horticultural Co., Inc. Vs. Pennsylvania R. Co.

Court : US Supreme Court

Decided on : Nov-22-1943

..... courts have not decided squarely whether an agreement such as is presented here is valid. in that suit to recover demurrage charges, the court sustained and gave effect to the contract. but we think this is contrary to the general course of decision which has construed the section and predecessor limitations. with the one exception, the decisions have fixed the pattern ..... excess charges paid or damages for the charging of unreasonable rates. [ footnote 8 ] we do not think the decision should turn on refinements over whether the residuum of freedom to contract which the act leaves to the parties or the quantum of restriction it imposes [ footnote 9 ] constitutes the gist of the action. origin of the right is not per se ..... ] with the attributed consequence in the one case that the bar is absolute and invariable by any act of the parties; in the other, that it may be waived by contract or otherwise. [ footnote 6 ] petitioner urges that the carrier's common law right to collect transportation charges from the shipper, which was strictly contractual, no longer exists, but has been ..... may aid when origin is clear. [ footnote 11 ] it is not conclusive when the source is hybrid, as is true of the carrier's contract, which has become a complex or resultant of the former freedom of contract and statutory restrictions. it does not follow from the survival of the common law elements, as respondent maintains, that congress did not intend the .....

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Nov 22 1943 (FN)

Sec Vs. C. M. Joiner Leasing Corp.

Court : US Supreme Court

Decided on : Nov-22-1943

..... treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting trust certificate, certificate of deposit for a security, fractional undivided interest in oil, gas, or other mineral rights, or, in general, any interest or instrument commonly known ..... be proved as matter of fact that they were widely offered or dealt in under terms or courses of dealing which established their character in commerce as "investment contracts," or as "any interest or instrument commonly known as a security.'" the proof here seems clear that these defendants' offers brought their instruments within these terms. ..... and the name alone carries well settled meaning. others are of more variable character, and were necessarily designated by more descriptive terms, such as "transferable share," "investment contract," and "in general any interest or instrument commonly known as a security." we cannot read out of the statute these general descriptive designations merely because more specific ones ..... oil and gas leases -- i.e., sales of interests in land." it was thought that these assignments could not be proved to be "securities" or "investment contracts" under 2(1) of the act. undisputed facts seem to us however to establish the conclusion that defendants were not, as a practical matter, offering naked leasehold rights .....

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Nov 22 1943 (FN)

General Committee Vs. Missour-kansas-texas R. Co.

Court : US Supreme Court

Decided on : Nov-22-1943

..... is exclusive also suggest that congress intended to write into the railway labor act a restriction on the rules and working conditions concerning which the craft has the right to contract. it is pointed out that, if the jurisdiction of a craft within which the exclusive right may be exercised is not limited, then disputes between unions may defeat ..... class representative, 2, fourth; the right of the employees to designate as their representative one who is not an employee of the carrier, 2, third; the prohibition against "yellow dog" contracts, 2, fifth, are illustrative. [ footnote 6 ] moreover, administrative machinery was provided for the adjudication of certain controversies. congress established the national railroad adjustment board for the settlement of ..... in the alternative asked that the agreement of december 12, 1940, be declared valid. the district court dismissed the petition, holding that the carriers had a right to contract with either of the crafts with reference to the problems in question. the circuit court of appeals held that both crafts were interested in the subject matter of the dispute ..... has long had an agreement with the carriers concerning rules, rates of pay, and working conditions. the agreement with the engineers states that the right to make and interpret contracts, rules, rates, and working agreements for locomotive engineers is vested in that committee. the agreement with the firemen contains a similar provision concerning members of that craft. both .....

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Jun 21 1943 (FN)

Marconi Wireless Tel. Co. Vs. United States

Court : US Supreme Court

Decided on : Jun-21-1943

marconi wireless tel. co. v. united states - 320 u.s. 1 (1943) u.s. supreme court marconi wireless tel. co. v. united states, 320 u.s. 1 (1943) marconi wireless tel. co. v. united states no. 369 argued april 9, 12, 1943 decided june 21, 1943 * 320 u.s. 1 certiorari to the court of claims syllabus 1. the broad claims of the marconi patent no. 763,772, for improvements in apparatus for wireless telegraphy -- briefly, for a structure and arrangement of four high-frequency circuits with means of independently adjusting each so that all four may be brought into electrical resonance with one another -- held invalid because anticipated. p. 320 u. s. 38 . marconi showed no invention over stone (patent no. 714,756) by making the tuning of his antenna circuit adjustable, or by using lodge's (patent no. 609, 154) variable inductance for that purpose. whether stone's patent involved invention is not here determined. 2. merely making a known element of a known combination adjustable by a means of adjustment known to the art, when no new or unexpected result is obtained, is not invention. p. 320 u. s. 32 . 3. as between two inventors, priority of invention will be awarded to the one who by satisfying proof can show that he first conceived of the invention. p. 320 u. s. 34 . 4. commercial success achieved by the later inventor and patentee cannot save his patent from the defense of anticipation by a prior inventor. p. 320 u. s. 35 . page 320 u. s. 2 5. in the exercise of its appellate .....

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Jun 21 1943 (FN)

Schneiderman Vs. United States

Court : US Supreme Court

Decided on : Jun-21-1943

..... "immediate and unconditional confiscation of the estates of the landowners and big landlords" and "no propaganda can be admitted in the ranks of the communist parties in favor of an indemnity to be paid to the owners of large estates for their expropriation. [ footnote 4/20 ]" the new state was not to include "representatives of the former ruling classes." [ footnote 4 ..... an immediate and unconditional confiscation of the estates of the landowners and big landlords. . . . no propaganda can be admitted in the ranks of the communist parties in favor of an indemnity to be paid to the owners of large estates for their expropriation." p. 82. excerpts from exhibit 8 -- the state and revolution, by lenin ( see note 13, supra ): "we have .....

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Jun 14 1943 (FN)

icc Vs. Inland Waterways Corp.

Court : US Supreme Court

Decided on : Jun-14-1943

icc v. inland waterways corp. - 319 u.s. 671 (1943) u.s. supreme court icc v. inland waterways corp., 319 u.s. 671 (1943) interstate commerce commission v. inland waterways corp. no. 175 argued january 11, 12, 1943 decided june 14, 1943 319 u.s. 671 appeal from the district court of the united states for the northern district of illinois syllabus proportional rates on reshipments from chicago to eastern destinations of grain coming from distant points northwest on through shipment with transit privileges and arriving at chicago by rail or by lake steamer, became applicable by reason of tariff wordings to grain coming from points close to chicago arriving by barge over the illinois waterways route which was established after the tariffs were adopted. the railroads filed tariff amendments which would deny to the ex-barge grain the privilege of moving eastward on the proportional rates, and remit it to the higher local rates which grain entering chicago by truck or from local origins by rail was obliged to pay. held: 1. that an order by the interstate commerce commission in a proceeding under 15(7) of the interstate commerce act which relieved the proposed tariff amendments from suspension, as not "unlawful," but which did not prevent future adjustments on specific complaint of the rates on the ex-barge traffic, was a determination within the administrative competency of the commission with which the district court should not have interfered. p. 319 u. s. 685 . 2. proportional .....

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