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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1944 Page 1 of about 41 results (0.054 seconds)

Jun 05 1944 (FN)

United States Vs. South-eastern Underwriters

Court : US Supreme Court

Decided on : Jun-05-1944

..... . [ footnote 9 ] the modern insurance business holds a commanding position in the trade and commerce of our nation. built page 322 u. s. 540 upon the sale of contracts of indemnity, it has become one of the largest and most important branches of commerce. [ footnote 10 ] its total assets exceed $37,000,000,000, or the approximate equivalent of ..... of their business. issuing a policy of insurance is not a transaction of commerce. the policies are simple contracts of indemnity against loss by fire, entered into between the corporations and the assured, for a consideration paid by the latter. these contracts are not articles of commerce in any proper meaning of the word. they are not subjects of trade and ..... interstate commerce because in some instances the commodities insured move across state lines, or because interstate communication and transportation are in some instances incidental to the business of issuing insurance contracts. this is so both because, as we have said, we are bound by the district court's construction of the indictment, and, more importantly, because such effects on ..... intercourse among the states composed of collections of premiums, payments of policy obligations, and the countless documents and communications which are essential to the negotiation and execution of policy contracts. individual policyholders living in many different states who own policies in a single company have their separate interests blended in one assembled fund of assets upon which all are .....

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Dec 18 1944 (FN)

Wallace Corp. Vs. Labor Board

Court : US Supreme Court

Decided on : Dec-18-1944

..... employer except the making and performing of the closed shop agreement. the board states its position as follows: "the issue remains whether, by entering into the closed shop contract with the independent with knowledge that the independent intended to exclude employees from membership, and by discharging employees denied membership in the independent, as set forth above, the respondent ..... who might jeopardize its majority. this business manager, who had himself originally been recommended to independent by a company employee, wrote the company, prior to the making of the contract, that independent insisted upon a closed shop agreement because it wanted a "legal means of disposing of any present employees" who might affect its majority, and "who are ..... labor practices. it entered an order requiring petitioner to disestablish independent, denominated by it a "company union;" to cease and desist from giving effect to the union shop contract between it and independent, and to reinstate with back pay forty-three employees, found to have been discharged because of their affiliation with the cio and because of their ..... to this agreement, independent won a majority of the votes cast, [ footnote 1 ] and was certified by the board as bargaining representative. the company then signed a union shop contract with independent, with knowledge -- so the board has found -- that independent intended, by refusing membership to cio employees, to oust them from their jobs. independent refused to admit .....

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Dec 18 1944 (FN)

Steele Vs. Louisville and N. R. Co.

Court : US Supreme Court

Decided on : Dec-18-1944

..... the statute does not deny to such a bargaining labor organization the right to determine eligibility to its membership, it does require the union, in collective bargaining and in making contracts with the carrier, to represent nonunion or minority union members of the craft without hostile discrimination, fairly, impartially, and in good faith. wherever necessary to that end, ..... unfair treatment, however gross. consequently it held that neither the brotherhood nor the railroad violated any rights of petitioner or his fellow negro employees by negotiating the contracts discriminating against them. if, as the state court has held, the act confers this power on the bargaining representative of a craft or class of employees without any commensurate ..... of principal and agent between the members of the craft and the brotherhood, but as conferring on the brotherhood plenary authority to treat with the railroad and enter into contracts fixing rates of pay and working conditions for the craft as a whole, without any legal obligation or duty to protect the rights of minorities from discrimination or ..... the statute does not deny to such a bargaining labor organization the right to determine eligibility to its membership, it does require the union, in collective bargaining and in making contracts with the carrier, to represent nonunion or minority union members of the craft without hostile discrimination, fairly, impartially, and in good faith. wherever necessary to that end, the .....

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Dec 11 1944 (FN)

Order of Conductors Vs. Pennsylvania R. Co.

Court : US Supreme Court

Decided on : Dec-11-1944

..... election, charging that the railroad was interfering with, influencing, and coercing conductors by unlawfully bargaining with the trainmen with respect to road conductors' working conditions, in breach of the existing contract between the plaintiff and the railroad. the board illegally and wrongfully ruled that it had no jurisdiction to consider the charges, ordered an election to determine the bargaining representative for ..... railroad notified the two unions of its desire to alter the contract, and, pursuant to the notice, the accredited representatives of the parties met in conference to adjust classifications of conductors, rates of pay for them, and the control of the so ..... conductors of the railroad, and the trainmen the representative and agent of road brakemen, yard conductors, yard brakemen, baggagemen, and switchtenders. the two associations have jointly negotiated contracts with the railroad, and such a contract was jointly negotiated effective april 1, 1927, and remains in force with respect to road conductors except as modified concerning rates of pay. april 18, 1941, the .....

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Dec 04 1944 (FN)

Kann Vs. United States

Court : US Supreme Court

Decided on : Dec-04-1944

..... first that there is no substantial evidence that the transactions involving elk mills' subcontract were other than innocent transactions page 323 u. s. 93 intended to finance the government contracts held by triumph in conformity to that company's agreements with the bank, or, if the transactions were for an improper purpose, there is no proof that he was ..... these actions had been concealed from other directors of triumph, and that the true situation was discovered when a federal officer made an audit of triumph's transactions under government contracts. the petitioner offered evidence tending to prove that, in order to expand triumph's business, two banks had loaned large sums to triumph under written agreements which restricted the ..... at substantial salaries, and 49% of its stock distributed to five defendants, who were administrative employees of triumph, without consideration; that triumph, pursuant to the plan, subcontracted a government contract to elk mills for 51% of the latter's stock, on a basis which would yield elk mills large profits, and would involve utilization of the employees and services of ..... indictment continued that the defendants devised a scheme to defraud triumph and its stockholders and obtain money for themselves by diverting part of the profits of triumph on its government contracts to a corporation known as elk mills loading corporation and distributing such profits through salaries, dividends, and page 323 u. s. 90 bonuses to be paid by elk mills .....

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Dec 04 1944 (FN)

United States Vs. Standard Rice Co., Inc.

Court : US Supreme Court

Decided on : Dec-04-1944

..... under analogous situations. when problems of the interpretation of its contracts arise, the law of contracts governs. hollerbach v. united states, 233 u. s. 165 , 233 u. s. 171 -172; united states v. bethlehem steel corp ..... states any savings which it made as a result of reductions in tariff duties. yet the difference between them and other taxes under this contract is not apparent. although there will be exceptions, in general, the united states, as a contractor, must be treated as other contractors ..... entered on invoices as a separate item." respondent made the required deliveries to the united states and received the full price specified in the contract. respondent was the first domestic processor of the rice, and accordingly paid the processing taxes imposed by the agricultural adjustment act, 48 ..... .c. 71, settled and adjusted the claim by offsetting against it an amount which he concluded respondent owed the united states under a contract. since the latter claim equaled the overassessment on the income taxes, the comptroller general refused to authorize a refund to respondent. this suit ..... processing taxes imposed by the agricultural adjustment act, which taxes page 323 u. s. 107 were "applicable" to the material within the meaning of the contract, but which, because subsequently adjudged invalid, were never collected from the contractor. united states v. kansas flour mills corp., 314 u. s. 212 , .....

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Nov 20 1944 (FN)

Commissioner Vs. Harmon

Court : US Supreme Court

Decided on : Nov-20-1944

..... are "consensual"? or is the court willing to give income tax effect to such contracts only within the established community property states? if it is the former, then we are overriding settled administrative construction on which great reliance was placed in poe v. seaborn, ..... 1937-2, p. 59. if poe v. seaborn states the correct rule, that view seems irrefutable. community property is no less created "by law" whether it was created by the contract of marriage or by a postnuptial agreement. but are we now to understand that postnuptial agreements in all community property states are ineffective for federal income tax purposes because they ..... in lucas v. earl. this would seem to be possible in every state where husband and wife are permitted freely to contract with each other respecting property thereafter acquired by either. much of counsel's argument is addressed to specific features of the oklahoma community property law and comparison of those features ..... the state. such legislative permission cannot alter the true nature of what is done when husband and wife, after marriage, alter certain of the incidents of that relation by mutual contract. married persons in many noncommunity states might, by agreement, make a similar alteration in their prospective rights to the fruits of each other's labors or investments, as was done .....

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May 29 1944 (FN)

Mario Mercado E Hijos Vs. Commins

Court : US Supreme Court

Decided on : May-29-1944

..... by means of a public instrument, notice of which is given to the debtor, and that it be recorded in the registry." "the debtor shall not be bound by said contract to any further extent than he was by his own." "the assignee shall be subrogated to all the rights of the assignor." section 1418 of the civil code of puerto ..... less 3/4 of 1%, which it was agreed petitioner should retain for itself. no mention was made in the deed of the option secured to petitioner by the mortgage contract, but both of the insular courts made findings which petitioner contends establish that the option was not intended to be assigned, but that the rights under it were to be ..... consideration of this contract, agrees with the partnership mario mercado e hijos, so long as the mortgage credit herein constituted is not paid, to grant it priority to purchase and sell or lease her ..... by her and her sister. at that time, petitioner was a tenant of both plantations under lease, that of "indios" expiring in 1937, that of "juanita" in 1938. the mortgage contract stipulated that mrs. commins, upon three months written notice, might at any time before maturity pay the mortgage credits. it also provided that "the debtor, as a part of the .....

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Apr 24 1944 (FN)

Clifford F. Macevoy Co. Vs. United States

Court : US Supreme Court

Decided on : Apr-24-1944

..... liability on the payment bond in situations where it is difficult or impossible for the prime contractor to protect himself. the relatively few subcontractors who perform part of the original contract represent, in a sense, the prime contractor, and are well known to him. it is easy for the prime contractor to secure himself against loss by requiring the subcontractors ..... . 109 in the building trades, a subcontractor is one who performs for and takes from the prime contractor a specific part of the labor or material requirements of the original contract, thus excluding ordinary laborers and materialmen. to determine which meaning congress attached to the word in the miller act, we must look to the congressional history of the statute, ..... government contractors to execute penal bonds for the benefit of "all persons supplying him or them with labor and materials in the prosecution of the work provided for in such contract." we consistently applied a liberal construction to that statute, noting that it was remedial in nature and that it clearly evidenced "the intention of congress to protect those whose ..... duly accepted by the united states. macevoy thereupon purchased from james h. miller & company certain building materials for use in the prosecution of the work provided for in macevoy's contract with the government. miller, in turn, purchased these materials from the respondent, calvin tomkins company. miller failed to pay tomkins a balance of $12,033.49. there is no allegation .....

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Apr 24 1944 (FN)

United States Vs. American Surety Co.

Court : US Supreme Court

Decided on : Apr-24-1944

..... specifications or accompanying papers and the contractor and his sureties shall be liable for the amount thereof. . . ." [ footnote 4 ] the directions for the preparation of construction contracts upon the form here involved state that "the specifications should include a paragraph stating the amount of liquidated damages that will be paid by the contractor for each calendar day ..... can relieve himself of such liability at any time short of completion simply by abandoning the work or provoking the government to terminate his right to proceed. the government contracting officers, in turn, would be induced to allow the contractor to proceed to completion despite inexcusable delays, so as not to forfeit mounting liquidated damages, thus precluding ..... is required of actual damages for the delay where termination occurs before completion in the teeth of a statute which dispenses with such proof in suits on a construction contract containing a stipulation "for liquidated damages for delay." the government also claims that failure to allow it liquidated damages under these circumstances leaves it entirely to the contractor ..... him to continue with the construction. on july 20, 1934, thirteen months later, the work was still uncompleted. pursuant to its authority under article 9 of the construction contract, the government thereupon terminated grogan's right to proceed with the work because of his continuing default. the government finished the work through another contractor, expending $2,044.04 .....

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