Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1948 Page 1 of about 42 results (0.057 seconds)

Jun 14 1948 (FN)

United States Vs. Zazove

Court : US Supreme Court

Decided on : Jun-14-1948

..... usage of this term in commercial insurance policies. [ footnote 10 ] see aschenbrenner v. united states fidelity & guaranty co., 292 u. s. 80 , 292 u. s. 84 et seq.; manufacturers' accident indemnity co. v. dorgan, 58 f. 945, 956. [ footnote 11 ] aschenbrenner v. united states fidelity & guaranty co., supra, note 10 at 292 u. s. 84 -85. [ footnote 12 ] ..... , 1924, [ footnote 26 ] provided for payment of insurance benefits in 240 equal monthly installments, but authorized the veterans' administration (formerly the veterans' bureau) to provide in the contract page 334 u. s. 618 of insurance "for optional settlements, to be selected by the insured, whereby such insurance may be made payable either in one sum or in installments ..... for construing it in favor of the insured. [ footnote 10 ] there is, of course, a marked distinction between the criteria for judicial construction of an ordinary commercial insurance contract and construction of the provisions of an act of congress setting up a system of national life insurance for servicemen to be administered by a governmental agency. the statutory provisions ..... regard the continuing payability of monthly installments, after the payment of the 120 installments certain, as possibly constituting a significant component of the insurance for which the serviceman had contracted, rather than a sheer gratuity conferred by congress, that the court could view the subsection as plainly and without ambiguity requiring the face value of the insurance to be .....

Tag this Judgment!

Dec 20 1948 (FN)

Michelson Vs. United States

Court : US Supreme Court

Decided on : Dec-20-1948

michelson v. united states - 335 u.s. 469 (1948) u.s. supreme court michelson v. united states, 335 u.s. 469 (1948) michelson v. united states no. 23 argued october 14-15, 1948 decided december 20, 1948 335 u.s. 469 certiorari to the united states court of appeals for the second circuit syllabus 1. in a trial in a federal court for bribery of a federal officer, the defendant admitted the payment, but claimed that it was induced by the officer, and the case hinged on whether the jury believed the defendant or the officer. the defendant's character witnesses testified that they had known the defendant for from 15 to 30 years, and that he had a good reputation for "honesty and truthfulness" and for "being a law-abiding citizen." in cross-examining them, the prosecutor was permitted to ask whether they had heard that the accused had been arrested 27 years previously for receiving stolen goods. the trial judge had satisfied himself in the absence of the jury that the question related to an actual occurrence, and he carefully instructed the jury as to the limited purpose of this evidence. held. in the circumstances of this case and in view of the care taken by the trial judge to protect the rights of the defendant, permitting the prosecutor to ask this question was not reversible error. pp. 335 u. s. 470 -487. 2. the law does not invest the defendant with a presumption of good character; it simply closes the whole matter of character, disposition and reputation on the prosecution' .....

Tag this Judgment!

Dec 06 1948 (FN)

Vermilya-brown Co., Inc. Vs. Connell

Court : US Supreme Court

Decided on : Dec-06-1948

..... extend all proper protection to the wages and hours of all personnel at the base, because they are and can be there only by virtue of government assignment or government contracts. in summary: congress made the act applicable in our "possessions." there is no indication or reason to believe that, had congress considered the matter, it would have regarded our ..... a reasonable time the control of the necessary territory of the republic of colombia, and the sovereignty of such territory being actually vested in the republic of panama, the high contracting parties have resolved for that purpose to conclude a convention, and have accordingly appointed as their plenipotentiaries --" id., 2235: " article iii" "the republic of panama grants to the united ..... v. florida, 313 u. s. 69 , 313 u. s. 73 , 313 u. s. 78 . a fortiori, civil controls may apply, we think, to liabilities created by statutory regulation of labor contracts, even if aliens may be involved, where the incidents regulated occur on areas under the control, though not within the territorial jurisdiction or sovereignty of the nation enacting the legislation ..... constitution, art. iv, 3, cl. 2, to make "all needful rules and regulations respecting the territory or other property belonging to the united states," congress has power to regulate labor contracts where the incidents regulated occur in areas under the control, though not within the territorial jurisdiction or sovereignty of the united states. p. 335 u. s. 381 . 3. under the .....

Tag this Judgment!

Nov 22 1948 (FN)

Adkins Vs. E. I. Dupont De Nemours and Co., Inc.

Court : US Supreme Court

Decided on : Nov-22-1948

..... show that employees' claims for compensation were supported by express contracts or by custom. he contended that the portal-to-portal act was therefore inapplicable under the facts of this case, and that, consequently, the ..... any civil or criminal action. it would have been an innovation had congress in this statute expressly permitted lawyers trying cases in federal courts to contract with their clients to pay or secure costs in their clients' cases. but it would have been a surprising legislative innovation for congress to command ..... poverty to pay or give security for costs. we think the statute imposes no such burden on a lawyer who is to share in the recovery through contract page 335 u. s. 341 by reason of his legal services. we are aware that some district and circuit courts of appeal have so construed the ..... enforce payment of overtime wages based on any activity except one compensable by either "(1) an express provision of a written or nonwritten contract . . . or (2) a custom or practice in effect at the time of such activity," at the place of employment, and not inconsistent with ..... a written or nonwritten contract governing such employment. petitioner had contended that examination by the court of the entire record including evidence already taken by a special master would .....

Tag this Judgment!

Nov 15 1948 (FN)

Ford Motor Co. Vs. United States

Court : US Supreme Court

Decided on : Nov-15-1948

..... no doubt that affiliation between ford and a certain group of finance companies will lessen the opportunity of other finance companies to compete for the automobile loan contracts both of dealers and retail purchasers. and where the volume of business, as here, involves 25% of all automobile sales page 335 u. s. ..... upon ford's, g.m.'s, or chrysler's favorable treatment for their business lives. the dealer agencies are for one year, but the agency contracts can be canceled on short notice and without cause. the dealers are thus economic dependents of the company whose cars they sell. while there are ..... wrong; it is not charged here that cancellation for cause is anything wrongful; but the government's theory in this case is, irrespective of these contracts and independent of them and outside of them, the conditions have been asserted that they, under the designation of those to the grand jurors unknown, ..... ] "it is not unreasonable for the general motors company to have a finance company. it is not unreasonable for the general motors company to have contracts with its dealers for a year or to have a cancellation clause in them. they have a perfect right to have a finance company and to recommend ..... as relevant, are fully set forth below. [ footnote 3 ] their plain effect is to draw a line between such practices as cancellation of a dealer's contract, or refusal to renew it, page 335 u. s. 317 or discrimination in the shipment of automobiles, as a means of influencing dealers to use gmac .....

Tag this Judgment!

Jun 21 1948 (FN)

Shapiro Vs. United States

Court : US Supreme Court

Decided on : Jun-21-1948

..... every common carrier subject to the provisions of the statute to file with the commission copies of its schedules and tariffs of rates, fares, and charges, and of all contracts and agreements between carriers. [ footnote 33 ] it is further suggested that the presence of statutory provisions for confidential treatment, in certain limited respects, of information obtained by ..... 50 u.s.c.app. 922(g). the compulsory testimony act of 1893 provides: "no person shall be excused from attending and testifying or from producing books, papers, tariffs, contracts, agreements, and documents before the interstate commerce commission, or in obedience to the subpoena of the commission . . . on the ground or for the reason that the testimony ..... , which it was in effect construing, provides that, "no person shall be excused page 335 u. s. 26 from attending and testifying or from producing books, papers, tariffs, contracts, agreements, and documents before the interstate commerce commission . . . for the reason that the testimony or evidence, documentary or otherwise, required of him, may tend to criminate him ..... the subpoena directed petitioner to appear before designated enforcement attorneys of the office of price administration and to produce "all duplicate sales invoices, sales books, ledgers, inventory records, contracts and records relating to the sale of all commodities from september 1st, 1944, to september 28, 1944." in compliance with the subpoena, petitioner appeared and, after being sworn, .....

Tag this Judgment!

Jun 21 1948 (FN)

United States Vs. Cio

Court : US Supreme Court

Decided on : Jun-21-1948

..... be unconstitutional and by the other valid, it is our plain duty to adopt that construction which will save the statute from constitutional infirmity. knights templars indemnity co. v. jarman, 187 u. s. 197 , 187 u. s. 205 . and unless this rule be considered as meaning that our ..... that term to "contribution" and defining this to include "a gift, subscription, loan, advance, or deposit, of money, or anything of value, and includes a contract, promise, or agreement, whether or not legally enforceable to make a contribution. . . ." since "expenditure" was intended to broaden "contribution" in the 1947 amendment ..... footnote 11 ] 43 stat. 1074. "contribution" was defined to include "a gift, subscription, loan, advance, or deposit, of money, or anything of value, and includes a contract, promise, or agreement, whether or not legally enforceable, to make a contribution." 43 stat. 1071. [ footnote 12 ] 43 stat. 1070. [ footnote 13 ] 57 stat. ..... amendment reserves against legislative annexation. it is this difference, the very fact that the restriction seeks to contract the boundaries of expression and the right to hear previously considered open, which forces upon its authors the burden of justifying the ..... contraction by demonstrating indubitable public advantage arising from the restriction outweighing all disadvantages, thus reversing the direction of presumptive weight .....

Tag this Judgment!

Jun 21 1948 (FN)

Comstock Vs. Group of Institutional Investors

Court : US Supreme Court

Decided on : Jun-21-1948

..... borrowing money represented by this claim. it is clear from the findings that the dividends were paid out of current earnings or surplus, and not in violation of law or contract. only in 1929 did new orleans earn currently sufficient to pay its dividends. nevertheless, in all three years, there was sufficient earned surplus legally to permit dividends. heavy investments in ..... the claim in view of the finding below that the dividends were paid out of current earnings or surplus, and not in bad faith or in violation of law or contract. pp. 335 u. s. 229 -230. 163 f.2d 350 affirmed; id., 358, certiorari dismissed. in a railroad reorganization proceeding under 77 of the bankruptcy act, the district court overruled .....

Tag this Judgment!

Jun 14 1948 (FN)

Lichter Vs. United States

Court : US Supreme Court

Decided on : Jun-14-1948

..... renegotiation commenced by the secretary within such sixty days the contractor or subcontractor shall not thereafter be required to renegotiate to eliminate excessive profits realized from any such contract or subcontract during such fiscal year or years and any liabilities of the contractor or subcontractor for excessive profits realized during such period shall be thereby discharged." ..... excessive profits" and those which later might be determined with "reasonable certainty." also, in 403(d), [ footnote 24 ] it was provided that, in renegotiating a contract price or determining excessive profits, the secretaries of the respective departments should not make allowances "for any salaries, bonuses, or other compensation paid by a contractor to its ..... facilities. adhering, however, to the policy of private operation of these facilities congress and the administration sought to promote a policy of wide distribution of prime contracts and subcontracts, even to comparatively high-cost marginal producers of unfamiliar products. congress sought to do everything possible to retain and encourage individual initiative in the worldwide ..... exercise its basic powers. our first question relates to the method of adjusting net compensation for war services through the compulsory "renegotiation" of profits under existing contracts between private parties, including recourse to unilateral orders for payments into the treasury of the united states of such portions of those profits as were determined by .....

Tag this Judgment!

Jun 07 1948 (FN)

Bay Ridge Operating Co., Inc. Vs. Aaron

Court : US Supreme Court

Decided on : Jun-07-1948

..... the immediate problem before us is the fact that, because the fair labor standards act had been "interpreted judicially in disregard of long established customs, practices, and contracts between employers and employees," congress had to undo such judicial misconstruction because it found that "voluntary collective bargaining would be interfered with, and industrial disputes between employees ..... time hours relevant to a determination of the respondents' rate of pay. the district court thought the concentration was significant. it did not test whether the contract overtime rates contained overtime premium payments by considering whether the employee actually received extra compensation for excess hours. we accept the district court's holding that this ..... as pay. further, we reject the argument that, under the statute, an agreement reached or administered through collective bargaining is more persuasive in defining regular rate than individual contracts. although our public policy recognizes the effectiveness of collective bargaining and encourages its use, [ footnote 17 ] nothing to our knowledge in any act authorizes us to ..... held otherwise. [ footnote 6 ] throughout all these proceedings, the petitioners have been represented by the department of justice, since the united states, under its cost-plus contracts with the petitioners, is the real party in interest. substantially all stevedoring during the war years was performed for the account of the united states. the solicitor general .....

Tag this Judgment!


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