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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1949 Page 1 of about 45 results (0.125 seconds)

Nov 07 1949 (FN)

Boyd Vs. Grand Trunk Western R. Co.

Court : US Supreme Court

Decided on : Nov-07-1949

..... provisions of this act, such common carrier may set off therein any sum it has contributed or paid to any insurance, relief benefit, or indemnity that may have been paid to the injured employee or the person entitled thereto on account of the injury or death for which said action was ..... shall be to enable any common carrier to exempt itself from any liability created by this act shall, to that extent, be void. . . ." the contract before us is therefore void. any other result would be inconsistent with duncan v. thompson, 315 u. s. 1 (1942). that opinion reviewed the legislative history ..... have considered the issue have reached conflicting results. [ footnote 3 ] we agree with page 338 u. s. 265 those courts which have held that contracts limiting the choice of venue are void as conflicting with the liability act. section 6 of the liability act provides that, "under this act, an ..... superior court of cook county, illinois. to enjoin petitioner's prosecution of the illinois case, respondent instituted this suit. the michigan circuit court held that the contract restricting the choice of venue was void, and dismissed the suit. the michigan supreme court reversed, 321 mich. 693, 33 n.w.2d 120 (1948 ..... a state court of michigan to enjoin petitioner from prosecuting a federal employers' liability act case against it in illinois, the trial court held that a contract restricting the choice of venue was void, and dismissed the suit. the michigan supreme court reversed. 321 mich. 693, 33 n.w.2d 120. .....

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Jan 17 1949 (FN)

Commissioner Vs. Jacobson

Court : US Supreme Court

Decided on : Jan-17-1949

..... a credit upon some other indebtedness of the respondent. his gains were comparable in their nature to those which he would have realized if a third party, pursuant to a contract, had paid off his indebtedness on these bonds for him to the extent of the discount at which he purchased them. [ footnote 5 ] the nature page 336 u. s. 40 ..... u. s. 161 ; helvering v. stockholms enskilda bank, 293 u. s. 84 , 293 u. s. 89 . we have held that income was received by a taxpayer when, pursuant to a contract, a debt or other obligation was discharged by another for his benefit. the transaction was regarded as being the same in substance as if the money had been paid to ..... received by the insured, as a return of premium or premiums paid by him under life insurance, endowment, or annuity contracts, either during the term or at the maturity of the term mentioned in the contract or upon the surrender of the contract; the value of property acquired by gift, bequest, devise, or descent (but the income from such property shall be included .....

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Dec 19 1949 (FN)

Alcoa Steamship Co., Inc. Vs. United States

Court : US Supreme Court

Decided on : Dec-19-1949

..... destination. . . . [ footnote 9 ]" we think of but one argument which can be advanced against the conclusiveness of this clause. "condition 2" on the bill of lading invokes the usual commercial contract terms "unless otherwise specifically provided or otherwise stated hereon;" it is arguable that "hereon" does not mean "thereon," and that, consequently, the clear provision of the voucher forbidding payment for ..... of the government bill "specifically" negative the carrier's provision. with due regard to the principle of page 338 u. s. 425 strict construction against the draftsman of a contract, we have concluded that the terms of the government bill of lading are inconsistent with petitioner's clause 6, and that the united states is not liable for freight on ..... that a case of consistent administrative practice has not been made out, if indeed such practice is a relevant consideration. we therefore deal only with the bare words of the contract. page 338 u. s. 424 a brief statement of the general scheme of payment of carrier charges under the government bill of lading will facilitate discussion of the niceties ..... 338 u.s. 813. review of existing case law and prevailing commercial usage respecting the earning of freight provides no assistance in solving the narrow problem raised by the specific contract now before us. further, in view of our conclusion in the case, we need not decide whether we may properly consider the government's extensive argument regarding past administrative practice .....

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Jun 27 1949 (FN)

Larson Vs. Domestic and Foreign Commerce Corp.

Court : US Supreme Court

Decided on : Jun-27-1949

..... north carolina v. temple, 134 u. s. 22 ; christian v. atlantic & n.c. r. co., 133 u. s. 233 ; new york guaranty & indemnity co. v. steele, 134 u. s. 230 . these cases do not qualify the principle of the cases in category two. regard for the facts of these cases ..... order, the wrongful effect of which will be to deprive respondents of vested property rights not only acquired under congressional acts, state laws and government contracts, but settled and determined by his predecessors in office. " (emphasis added.) in support of the conclusion that the suit could be maintained, the ..... plaintiff was entitled to delivery was binding. a similar case would be presented here if the statute expressly provided that the administrator's interpretations of contracts should be binding and irrevocable, and if a later, or subordinate, official refused to follow a prior, binding interpretation. in such a case, ..... as representative of the community as a whole, cannot be stopped in its tracks by any plaintiff who presents a disputed question of property or contract right. as was early recognized, "the interference of the courts with the performance of the ordinary duties of the executive departments of the ..... officers against responsibility for their wrongful actions. if those actions are such as to create a personal liability, whether sounding in tort or in contract, the fact that the officer is an instrumentality of the sovereign does not, of course, forbid a court from taking jurisdiction over a suit .....

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Jun 27 1949 (FN)

Sec Vs. Central-illinois Securities Corp.

Court : US Supreme Court

Decided on : Jun-27-1949

..... the liquidation preferences were only one factor in valuation, rather than determinative of amounts payable." 334 u.s. at 334 u. s. 199 . [ footnote 30 ] american law institute, restatement, contracts 468, comment on subsection 3. [ footnote 31 ] the analogy between bonds and preferred stock, cf. 2 dewing, the financial policy of corporations 1247, n.r. (4th ed., 1941) is ..... equitable equivalents on present going concern value to replace stated charter liquidation value as the measure of security satisfaction did not and was not intended to destroy charter or contract right to priority of satisfaction. a. the investment value or going concern value theory rests upon the premise that congress intended to exercise its power to simplify holding ..... be accorded various classes of security interests. this right to priority in assets which exists between creditors and stockholders, exists also between various classes of stockholders. when, by contract as evidenced by charter provisions, page 338 u. s. 140 one class of stockholders is superior to another in its claim against earnings or assets that superior position must ..... , even if the charter liquidation provision by deemed inapplicable, the "fair and equitable" standard requires the application of the "doctrine of frustration." it is said that frustration of a contract by governmental edict or any other supervening event not contemplated by the parties requires that "the loss . . . lie where it falls. neither party can be compelled to pay .....

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Jun 27 1949 (FN)

Cosmopolitan Shipping Co. Vs. Mcallister

Court : US Supreme Court

Decided on : Jun-27-1949

..... the cases and an analysis of the relations established by the standard form agreement lead to the conclusion page 337 u. s. 801 that an agent such as cosmopolitan, who contracts to manage certain shoreside business of a vessel operated by the war shipping administration, is not liable to a seaman for injury caused by the negligence of the master or ..... united states with "full control, responsibility and authority with respect to the navigation and management of the vessel." even the discretion vested in the agents was decreased by the master contracts which the united states executed for the furnishing of numerous services and supplies required by the vessels. [ footnote 18 ] there were also detailed instructions issued by the war shipping ..... indicates the general agent ever undertook to give orders or directions as to the route or management of the ship while on voyage. an examination of the terms of the contract and the actual conduct of the parties under this agreement, so far as shown by the record, demonstrates that the united states had retained for the entire voyage the ..... appeal, the united states court of appeals for the second circuit affirmed. mcallister v. cosmopolitan shipping co., 169 f.2d 4. while recognizing that cosmopolitan was "a shipping company which contracted with the war shipping administration to attend to the accounting and certain other shoreside business of the haines . . . in accordance with the standard form of general agency service agreement," id .....

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Jun 20 1949 (FN)

National Mut. Ins. Co. Vs. Tidewater Transfer Co., Inc.

Court : US Supreme Court

Decided on : Jun-20-1949

..... "all cases, in law and equity, arising under . . . the laws of the united states," and therefore cognizable by the courts established under article iii. congress can authorize the making of contracts; it can therefore authorize suit thereon in any district court. congress can establish post offices; it can therefore authorize suits against the united states for the negligent killing of a ..... congress, . . . and to those arising from some violation of rights conferred upon the citizen by the constitution. . . . the character of the cause of action -- the fact that it is in contract, as distinguished from tort -- may be important in determining (as under the tucker act) whether consent to sue was given. otherwise, it is of no significance. for immunity from suit ..... . but the sovereign's immunity from suit has never been regarded simply as a question of unavailability of a forum. as hamilton said in the federalist, no. 81: "the contracts between a nation and an individual are only binding on the conscience of the sovereign, and have no pretensions to compulsive force. they confer no right of action independent of ..... one of the states. the petitioner, as plaintiff, commenced in the united states district court for maryland an action for money judgment on a claim arising out of an insurance contract. no cause of action under the laws or constitution of the united states was pleaded, jurisdiction being predicated only upon an allegation of diverse citizenship. the diversity set forth was .....

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Jun 20 1949 (FN)

Wheeling Steel Corp. Vs. Glander

Court : US Supreme Court

Decided on : Jun-20-1949

..... here were not created in ohio, not payable there, and neither the payor nor payee, debtor nor creditor, was resident there. moreover, the receivables arose from a contract for sale of goods, but the contracts were not made in ohio nor performed in ohio, and neither buyer nor seller resided there. on the assumption that ohio could not follow tangible goods into .....

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Jun 13 1949 (FN)

Standard Oil Co. Vs. United States

Court : US Supreme Court

Decided on : Jun-13-1949

..... 8 ] it may be noted in passing that the exclusive supply provisions for tires, tubes, batteries, and other accessories which are a part of some of standard's contracts with dealers who have also agreed to purchase their requirements of petroleum products should perhaps be considered, as a matter of classification, tying, rather than requirements, agreements. [ footnote ..... the necessity of demonstrating economic consequences once it has been established that "the volume of business affected" is not "insignificant or insubstantial" and that the effect of the contracts is to "foreclose competitors from [a] substantial market." id. at 332 u. s. 396 . upon that basis, we affirmed a summary judgment granting an injunction ..... -- so the court reasoned -- is an automatic result, for the very existence of such contracts denies dealers opportunity to deal in the products of competing suppliers and excludes suppliers from access to the outlets controlled by those dealers. having adopted this standard of proof ..... the district court held that the requirement of showing an actual or potential lessening of competition or a tendency to establish monopoly was adequately met by proof that the contracts covered "a substantial number of outlets and a substantial amount of products, whether considered comparatively or not." given such quantitative substantiality, the substantial lessening of competition .....

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Jun 13 1949 (FN)

Commissioner Vs. Wodehouse

Court : US Supreme Court

Decided on : Jun-13-1949

..... "all rights in and of all stories and special articles appearing in its publications" of a certain novel, entitled, "money in the bank." the contract provided that, after publication in a curtis magazine, curtis was to reassign to wodehouse "on demand all rights, except north american (including canadian) serial ..... in 1921. but the facts on which the bureau took this action are important. the taxpayer had received the income in question pursuant to contracts with a number of publishers and producers under which he had granted serial rights in books already written, reserving a "stipulated royalty per copy ..... taxpayer's exclusive output of both long and short stories for which the company was to pay a stipulated sum of money, and, in another contract, the taxpayer granted motion picture rights throughout the world, the consideration to be paid in installments. the bureau ruled that these proceeds were within ..... a)(4). the reasoning on which this conclusion was based deserves attention. [ footnote 2/9 ] this is the crux of it: "the taxpayer in these contracts granted the publishers and producers licenses to use in particular page 337 u. s. 414 ways his literary property and his copyright therein, and exacted from them ..... of motion picture rights is quite different from the other rights page 337 u. s. 416 above discussed. in none of the motion picture contracts did petitioner obtain any income from the reproduction and sale or other use of his writings in the united states, as in the case of .....

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