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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1946 Page 1 of about 40 results (0.083 seconds)

Jun 10 1946 (FN)

Hust Vs. Moore-mccormack Lines, Inc.

Court : US Supreme Court

Decided on : Jun-10-1946

..... u. s. 732 responsible for keeping the ship in repair and for providing the seaman's supplies. for all of these expenditures not covered by insurance the contract purported expressly to provide for indemnity from the government. [ footnote 41 ] with so much of the former relation thus retained and so little of additional risk thrown on the operating agent, it ..... vessel is chartered. as to them, their status and the status of the government employees mentioned will be made uniform." " * * * *" ". . . they will continue to have the right to indemnity through court action for injury resulting from unseaworthiness of the vessel or defects in vessel appliances, and they (and their dependents) will have the right to action under the jones ..... , the united states maritime commission was created and the functions and duties of the former shipping board were transferred to it. [ footnote 22 ] under the standard forms of contract utilized for these arrangements by the shipping board and later by the maritime commission, the private operator, though designated as "agent" somewhat in the manner of the administration's general ..... in effect reserving decision on the question of remittitur pending outcome of decision on appeal. [ footnote 10 ] acting within its authority, cf. note 3 the administration utilized these standard contracts for making arrangements with private steamship companies for the operation of many of these vessels. 46 c.f.r. (cum.supp.) 306.44. they did not cover specific vessels. .....

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Apr 22 1946 (FN)

Seas Shipping Co., Inc. Vs. Sieracki

Court : US Supreme Court

Decided on : Apr-22-1946

..... is for these reasons that, throughout the long history of the maritime law, the right to maintenance and cure, and later the right to indemnity for injuries attributable to unseaworthiness, have been confined to seamen. longshoremen and harbor workers are in a class very different from seamen, and one ..... 80, 5; 57 & 58 vict. c. 60, 458. in this country, the right of the seaman to demand, in addition to maintenance and cure, indemnity for injuries resulting from unseaworthiness was first recognized by this court in the osceola, 189 u. s. 158 . in later cases, it has been established that ..... 367 ; atlantic transport co. v. imbrovek, 234 u. s. 52 . [ footnote 7 ] it has been suggested that "the seaman's right of indemnity for injuries caused by defective appliances or unseaworthiness seems to have been a development from his privilege to abandon a vessel improperly fitted out." the arizona v. anelich, ..... of appeals obviously went on this view. moreover the contention necessarily affects the bethlehem companies, at any rate in relation to possible claim of indemnity by petitioner. they have not been named as respondents here or served in accordance with rule 38(3). consequently we are precluded from making ..... places upon maritime workers and in the policy of the law to secure them indemnity against such hazards. obviously the norm of the liability has been historically, and still is, the case of the seaman under contract with the vessel's owner. this is because the work of maritime service .....

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Dec 09 1946 (FN)

United States Vs. Carmack

Court : US Supreme Court

Decided on : Dec-09-1946

..... of the proposed exchange. september 25, 1941, the action administrator of the federal works agency advised the attorney general that, under authority of the public buildings act, the agency had contracted for the exchange. after referring to his failure to secure title by voluntary conveyance from the city in spite of the willingness of the city officials to make the exchange .....

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Nov 25 1946 (FN)

Richfield Oil Corp. Vs. State Bd. of Equalization

Court : US Supreme Court

Decided on : Nov-25-1946

..... . s. 418 , where a federal manufacturing tax on filled cheese was sustained against the claim that it was a tax levied by congress on exports. the cheese was manufactured under contract for export. the court said, "the true construction of the constitutional provision is that no burden by way of tax or duty can be cast upon the exportation of page ..... the united states. judicial code 237, 28 u.s.c. 344(a), 861a. appellant is engaged in producing and selling oil and oil products in california. it entered into a contract with the new zealand government for the sale of oil. the price was f.o.b. los angeles, payment in london. delivery was "to the order of the naval secretary ..... of judicial code 237, 28 u.s.c. 344(a). p. 329 u. s. 72 . 2. appellant, which was engaged in producing and selling oil in california, entered into a contract for the sale of oil to the new zealand government. the oil was delivered by appellant from dockside tanks into a vessel of the new zealand government at a california .....

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Jun 10 1946 (FN)

American Tobacco Co. Vs. United States

Court : US Supreme Court

Decided on : Jun-10-1946

..... possible purposes of the act, we think the decisions prove to have been in fact its purposes. [148 f.2d at 427.]" " * * * *" "starting, however, with the authoritative premise that all contracts fixing prices are unconditionally prohibited, the only possible difference between them and a monopoly is that, while a monopoly necessarily involves an equal or even greater power to fix prices ..... sell is a price which it itself fixed. thereafter, the power and its exercise must needs coalesce. indeed, it would be absurd to condemn such contracts unconditionally and not to extend the condemnation to monopolies, for the contracts are only steps toward that entire control which monopoly confers; they are really partial monopolies. [ id., 148 f.2d at 427, 428.]" " * * * *" "it does .....

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Jun 10 1946 (FN)

Kotteakos Vs. United States

Court : US Supreme Court

Decided on : Jun-10-1946

..... for purposes not within the contemplation of title 1 of the national housing act. the defendants would procure various documents, e.g., credit statements and certificates falsely stating that work contracted for had been completed and material delivered, and, on the basis of these documents, which were presented to the various financial institutions and to the federal housing administration, would obtain .....

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May 27 1946 (FN)

Sec Vs. Howey Co.

Court : US Supreme Court

Decided on : May-27-1946

..... stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral trust certificate, pre-organization 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 ..... therefore essential if the investors are to achieve their paramount aim of a return on their investments. their respective shares in this enterprise are evidenced by land sales contracts and warranty deeds, which serve as a convenient method of determining the investors' allocable shares of the profits. the resulting transfer of rights in land is ..... ] this definition also includes "securities" of a more variable character, designated by such descriptive terms as "certificate of interest or participation in any profit-sharing agreement," "investment contract," and, "in general, any interest or instrument commonly known as a security.'" the legal issue in this case turns upon a determination of whether, under the circumstances, the ..... the application of 2(1) of the securities act of 1933 [ footnote 1 ] to an offering of units of a citrus grove development, coupled with a contract for cultivating, marketing and remitting the net proceeds to the investor. the securities and exchange commission instituted this action to restrain the respondents from using the mails and .....

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May 20 1946 (FN)

United States Vs. Joseph A. Holpuch Co.

Court : US Supreme Court

Decided on : May-20-1946

..... between the respondent and the government, rather than between respondent and its bricklayers. hence, the ordinary review provisions of article 15 were applicable, enabling respondent to appeal the contracting officer's decision to the departmental head or his representative. the court of claims made a like error in this respect. [ footnote 4 ] the government points out ..... . their decisions in such matters were clearly appealable under article 15. the second dispute was a question arising under the wage provisions of article 18 of the contracts; that question involved a consideration of the factual situation surrounding the required wage increase and a determination of the validity and effect of the increase under the circumstances ..... that it] expected reimbursement of the difference of 25 cents per hour." on may 12, 1934, the constructing quartermaster advised respondent "that it was the decision of the contracting officer that bricklayers employed on war department construction projects at san antonio, texas, and vicinity [fort sam houston is in this vicinity] should be paid $1.25 per ..... of difference between drawings and specifications, the specifications shall govern. in any case of discrepancy in the figures or drawings, the matter shall be immediately submitted to the contracting officer." the specifications contained a similar provision, and added that the constructing quartermaster was to be the interpreter of the "intent and meaning of the drawings and specifications." .....

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May 13 1946 (FN)

Rfc Vs. Beaver County

Court : US Supreme Court

Decided on : May-13-1946

..... the government required. the lease contract also provided that the machinery should "remain personalty notwithstanding the fact it may be affixed or attached to realty." the government contends that, under these circumstances, the machinery was ..... the machinery were attached by easily removable screws and bolts, and some of the equipment and fixtures could be moved from place to place within the plant. the lease contract with curtiss-wright authorized the government to receive and to replace existing equipment, and parts of the machinery appear to have been frequently interchanged and replaced as the convenience of ..... essential to the existence and operation of a manufacturing plant for aircraft propellers. the plant, thus fully equipped, was leased to curtiss-wright corporation, to carry out its war contracts with the government for the manufacture of propellers. most of the machinery was heavy, not attached to the buildings, and was held in place by its own weight. other ..... screws and bolts. some of the equipment could be moved from place to place in the plant. the plant was leased to a manufacturer of war equipment under a contract providing that the machinery should "remain personalty notwithstanding the fact it may be affixed or attached to realty." the supreme court of pennsylvania sustained the imposition of a tax .....

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Apr 29 1946 (FN)

Thompson Vs. Texas Mexican R. Co.

Court : US Supreme Court

Decided on : Apr-29-1946

..... in absence of administrative control, the law would, under those circumstances, imply a contract for the use of another's property and award reasonable compensation. thus, trackage rights would be acquired on such terms as the court and jury determined. but 5(2)(a ..... new one without the approval of the commission, they would have page 328 u. s. 147 violated the act. there would be no difference in result merely because the trackage contract expired, by its terms, or was terminated by operation of an escape clause. until abandonment is authorized, operations must continue. while they continue, trackage rights are being enjoyed. ..... a reasonable length of time, no satisfactory plan could be worked out." that decision prevented, in the interests of a reorganization, the enforcement of the provisions of the contracts of the debtor according to their terms. we think like reasons make it important that the status quo of this trackage agreement be maintained pending decision by the commission as ..... railroads, both of which were subject to the authority of the interstate commerce commission, one obtained trackage rights over the lines of the other at a specified rental. the contract was terminable by either party upon twelve months' notice. the grantee railroad subsequently petitioned for reorganization under 77 of the bankruptcy act, a trustee was appointed, and stay orders .....

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