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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1948 Page 4 of about 42 results (0.052 seconds)

Apr 05 1948 (FN)

Commissioner Vs. Sunnen

Court : US Supreme Court

Decided on : Apr-05-1948

..... taxpayer was able to increase or lower the royalties; or he could stop those royalties completely by eliminating the manufacture of the devices covered by the royalties without cancelling the contracts. (3) the taxpayer remained the owner of the patents and the patent applications. since the licenses which he gave the corporation were nonexclusive in nature, there was ..... , an election which the taxpayer could control by page 333 u. s. 609 reason of his extensive stock holdings. the wife, as assignee and as a party to contracts expressly terminable by the corporation without liability, could not prevent cancellation, provided that the necessary notice was given. and it is not necessary to assume that such cancellation would ..... either party might cancel without liability upon giving the required notice. this gave the taxpayer, in his dominant position in the corporation, power to procure the cancellation of the contracts in their entirety. that power was nonetheless substantial because the taxpayer had but one of the three directors' votes necessary to sanction such action by the corporation. should a ..... tax liability on transferors who had assigned or transferred various forms of income to others within their family groups, although none specifically related to the assignment of patent license contracts between members of the same family. it must therefore be determined whether this clifford-horst line of cases represents an intervening legal development which is pertinent to the problem .....

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Mar 29 1948 (FN)

Commissioner Vs. South Texas Lumber Co.

Court : US Supreme Court

Decided on : Mar-29-1948

..... taxable year that proportion of the installment payments actually received in that year which the gross profit realized or to be realized when payment is completed, bears to the total contract price." unlike 111, 44 does not recognize as subject to income tax liability the "market value" of deferred installment obligations. they may never be recognized by a taxpayer on the ..... the provisions of section 112. " but 111(d) page 333 u. s. 506 provides that nothing in 111 "shall be construed to prevent (in the case of property sold under contract providing for payment in installments) the taxation of that portion of any installment payment representing gain or profit in the year in which such payment is received." this means that ..... year only "that proportion of the installment payments actually received in that year which the gross profit realized or to be realized when payment is completed, bears to the total contract price." thus, respondent's installment page 333 u. s. 499 income has actually been reported for taxes all along substantially on a modified cash receipts basis, and the taxpayer's .....

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Mar 29 1948 (FN)

Moore Vs. New York

Court : US Supreme Court

Decided on : Mar-29-1948

moore v. new york - 333 u.s. 565 (1948) u.s. supreme court moore v. new york, 333 u.s. 565 (1948) moore v. new york no. 485 argued february 12, 1948 decided march 29, 1948 333 u.s. 565 certiorari to the court of appeals of new york syllabus 1. the validity of new york special jury statutes under the federal constitution is sustained as against a claim of invalidity based on the ratio of convictions to acquittals in cases tried by special juries and in cases tried by ordinary juries. fay v. new york, 332 u. s. 261 . pp. 566-567. 2. the claim of systematic, intentional, and deliberate exclusion of negroes from the jury is not sustained by the record in this case. pp. 333 u. s. 567 -569. 297 n.y. 734, 77 n.e.2d 25, affirmed. petitioners were convicted of murder by a special jury in a new york state court. the court of appeals of new york affirmed the convictions. 297 n.y. 734, 77 n.e.2d 25. this court granted certiorari. 332 u.s. 843. affirmed, p. 333 u. s. 569 . mr. justice jackson delivered the opinion of the court. petitioners were indicted in bronx county, new york, on february 11, 1947, for the crime of murder in the first degree. the district attorney moved the court for an order that the trial be by a special jury, pursuant to new york law, which motion was granted over opposition on behalf of defendants by assigned counsel. one hundred and fifty names were drawn from the special jury panel, page 333 u. s. 566 under supervision of a justice of the state supreme court, in .....

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Mar 15 1948 (FN)

Francis Vs. Southern Pacific Co.

Court : US Supreme Court

Decided on : Mar-15-1948

..... made, has departed from the premise of the adams and boering decisions that it is more important to society that men abide by ticket and contract stipulations [ footnote 2/8 ] than it is to have a system which provides compensation for the industrially injured and the dependents of those ..... present rule was pressed on the court in briefs for the railroad in the adams case. congress has also emphatically outlawed all kinds of stipulations and contracts to exempt railroads from liability for their negligence in employers' liability act cases. duncan v. thompson, 315 u. s. 1 . all of ..... boering decisions plainly reflect this sentiment. both decisions spotlighted the importance of having "those who accept gratuities and acts of hospitality" stand by their contracts to assume the risks of injury incident to riding. in the lockwood and stevens cases, where no money was paid for passage, but neither ..... in his pass. in the lockwood case, this court refused to follow decisions of the supreme court of new york, the state where the carriage contract was made and where the accident occurred, but, instead, since there was no controlling new york statute, expressly decided the point as one of ..... evidence that congress has ever directly or indirectly, explicitly or impliedly, through the hepburn act or through any other act, authorized railroads to contract against liability for their negligence which results in the injury or death of a railroad employee or any other person legally riding on a railroad .....

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Mar 15 1948 (FN)

Woods Vs. Stone

Court : US Supreme Court

Decided on : Mar-15-1948

..... the landlord is not allowed thus to profit from his own disobedience of the law. if he could keep the excess collections by thus retarding or preventing scrutiny of his contract, he would gain an advantage over all landlords who complied with the act, as well as over tenants whose necessity for shelter is too pressing to admit of bargaining over .....

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Mar 08 1948 (FN)

United States Vs. Line Material Co.

Court : US Supreme Court

Decided on : Mar-08-1948

..... be relieved from its obligation under said section." [ footnote 9 ] in the line-general electric license agreement of march 15, 1940, the first under the revised line-southern contract, the price maintenance provision was as follows: "9. the license hereby granted by the licensor is subject to the express limitations that" "as to dropout fuse cutouts manufactured ..... we indicated at the first of this opinion, that the general electric case controlled and permitted such price arrangements as are disclosed in page 333 u. s. 299 the contracts the district court dismissed the complaint. the government attacks the rationale of the general electric case and urges that it be overruled, limited and explained, or differentiated. ii ..... . the licenses that were the subject of the escrow contained the price provisions of general electric's license. this awareness by each signer of the price provisions in prior contracts is conceded by appellees' brief. a price schedule became effective january 18, 1941. thereafter, all the appellees tried to maintain prices. where there was accidental variation, line ..... 4 of the sherman act [ footnote 1 ] in the district court against continuance of violations of that act by an allegedly unlawful combination or conspiracy between appellees, through contracts, to restrain interstate trade in certain patented electrical devices. the restraint alleged arose from a cross-license arrangement between the patent owners, line material company and southern states equipment .....

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Mar 08 1948 (FN)

United States Vs. United States Gypsum Co.

Court : US Supreme Court

Decided on : Mar-08-1948

..... prices, fixed by the licensor, is lawful. such a license agreement ordinarily, and, when the prices are (as in the general electric case) a part of the license contract, necessarily, involves negotiation and discussion between the licensor and the licensee and agreement upon the terms and conditions, a purpose to execute and carry out the agreement, combined action in ..... bulletins on prices and terms. the industry accepted directions for distribution of product as corollary to price control, so that prices would not be infringed by variations of seller contracts. the detail of directives is well illustrated by the directive for computation of freight to be added to the mill price and the provision against subtle price reduction. the ..... until 1954. the licensees agreed not to sell patented wallboard to manufacturing distributors unless united states gypsum gave its consent as to each prospective purchaser. as in the previous contracts, united states gypsum reserved the right to fix the minimum price at which each licensee sold wallboard embodying the licensor's patents, the licensor agreeing that such minimum price ..... the starch and "bubble board" patents until 1937, when the original license expired. texas was thus free to sell board at any price from 1929 to 1937. the contracts which became effective in november, 1929, were in substantially identical terms. the license with universal contained preferential royalty terms which were granted as consideration for the transfer of the .....

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Mar 08 1948 (FN)

United States Vs. Baltimore and Ohio R. Co.

Court : US Supreme Court

Decided on : Mar-08-1948

..... also provides that the word "transportation," as used in the act, shall broadly include "locomotives . . . and all instrumentalities and facilities of shipment or carriage, irrespective of ownership or of any contract, express or implied, for the use thereof. . . ." it is true, as appellees argue, that the above language of 1(3)(a) is definitional only. ellis v. interstate commerce commission ..... by railroad." section 1(3)(a) defines the term "railroad" as including "all the road in use by any common carrier operating a railroad, whether owned or operated under a contract, agreement, or lease, and also all switches, spurs, tracks. . . ." as one of the many other indications that congress did not intend its railroad regulatory provisions to depend ..... use of trackage. in fact, this court has long recognized that the purpose of congress to prevent certain types of discriminations and prejudicial practices could not be frustrated by contracts, even though the contracts were executed before enactment of the legislation. see philadelphia, baltimore & washington r. co. v. schubert, 224 u. s. 603 , 224 u. s. 613 -614; louisville & ..... was justified in including, in an order against certain railroads to cease discriminatory practices, a noncarrier owner of a segment of track who required such discriminatory practices pursuant to the contract leasing such track to one of the railroads. p. 171, n 2. 71 f.supp. 499 reversed. the interstate commerce commission issued a cease and desist order .....

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Feb 02 1948 (FN)

Bob-lo Excursion Co. Vs. Michigan

Court : US Supreme Court

Decided on : Feb-02-1948

..... applied to that commerce which is set apart by the constitution for regulation by the congress. the sphere of a state's power has not been thought to expand or contract because of the policy embodied in a particular regulation. a state statute requiring equality of accommodations for white and negro passengers was held invalid as applied to interstate commerce. hall .....

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Jan 19 1948 (FN)

Oyama Vs. California

Court : US Supreme Court

Decided on : Jan-19-1948

..... the legality of the transfer, it was arranged for title to be put in the name of cockrill, ikada's attorney. that was done, and immediately on execution of the contract of sale, ikada himself entered into possession. there was some evidence that the land was purchased and was being held for ikada's american-born children, but a jury found ..... land in the state, japanese owned 74,769 acres, chinese owned 12,076 acres and hindus owned 2,099 acres. at the same time, japanese held under lease or crop contract 383,287 acres, chinese held 65,181 acres and hindus held 86,340. there was no indication that any other aliens then ineligible for citizenship held any substantial amount of .....

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