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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1953 Page 1 of about 28 results (0.051 seconds)

May 25 1953 (FN)

Lauritzen Vs. Larsen

Court : US Supreme Court

Decided on : May-25-1953

..... of the latter, "in the united states, this obligation has been recognized consistently as an implied provision in contracts of marine employment. created thus with the contract of employment, the liability, unlike that for indemnity or that later created by the jones act, in no sense is predicated on the fault or negligence of ..... attempts to draw into control of its law otherwise foreign controversies, on slight connections, because it is a forum page 345 u. s. 591 state. hartford accident & indemnity co. v. delta & pine land co., 292 u. s. 143 ; home insurance co. v. dick, 281 u. s. 397 . the purpose of a ..... of american law in this case, for it appears beyond doubt that this owner is a dane by nationality and domicile. 5. place of contract. -- place of contract, which was new york, is the factor on which respondent chiefly relies to invoke american law. it is one which often has significance in ..... litigation, and depend not upon fault or negligence, but only on the fact of injury and the extent of disability. our own law, apart from indemnity for injury caused by the ship's unseaworthiness, makes no such compensation for such disability in the absence of fault or negligence. but, when such ..... ships. the montapedia, 14 f. 427; the elswick tower, 241 f. 706. the contention is without merit. we do not think the place of contract is a substantial influence in the choice between competing laws to govern a maritime tort. 6. inaccessibility of foreign forum. -- it is argued, and particularly .....

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Dec 07 1953 (FN)

Pope and Talbot, Inc. Vs. Hawn

Court : US Supreme Court

Decided on : Dec-07-1953

..... as a third-party defendant, alleging that the injury resulted from the contractor's negligence and claiming recovery against the contractor by way of contribution or indemnity. a jury found that the ship was unseaworthy, that both the shipowner and the contractor were negligent, and that the plaintiff's own negligence had ..... employed as a part of the ship's crew. the government superintends the engagement and discharge of seamen and apprentices and the terms and execution of their contract, and provides for their presence on board at the proper time. 545, 561, 565. a master and the vessel are subject to penalties for taking ..... , and the claimant was sent aboard by his employer, under whose direction he worked. it does not seem to me that one who hires a contracting firm to put his ship in seaworthy condition guarantees that it is in seaworthy condition before the work starts. if everything were ship-hape, he would ..... the osceola, supra, 189 u.s. at 189 u. s. 171 , this was adopted into our maritime law from british legislation wherein, "in every contract of service, express or implied, between an owner of a ship and the master or any seaman thereof, there is an obligation implied that all reasonable means ..... . but hawn was not a crew member. he was not employed by the ship. the ship's crew were not his fellow servants. having no contract of employment with the shipowner, he was not entitled to maintenance and cure. the fact that sieracki upheld the right of workers like hawn to recover .....

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Dec 14 1953 (FN)

Garner Vs. Teamsters Union

Court : US Supreme Court

Decided on : Dec-14-1953

..... ] cf. republic steel corp. v. labor board, 311 u. s. 7 , 311 u. s. 10 : "the act does not prescribe penalties or fines in vindication of public rights or provide indemnity against community losses as distinguished from the protection and compensation of employees." [ footnote 13 ] see, e.g., brief for the board, pp. 14, 43, montgomery building & construction trades council v ..... a.2d 900, 901. [ footnote 24 ] international union v. william d. baker co., 100 f.supp. 773, illustrates the potentialities of conflict. a disagreement arose between a union and several contracting associations over a collective bargaining agreement. the agreement contained a no-strike provision. the union, contending that the agreement had come to an end, threatened to strike. the association obtained ..... of governmental authority for owners of property to organize in the corporate and other forms of ownership association, the individual unorganized worker is commonly helpless to exercise actual liberty of contract and to protect his freedom of labor, and thereby to obtain acceptable terms and conditions of employment, wherefore, though he should be free to decline to associate with his fellows .....

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Dec 07 1953 (FN)

Wilko Vs. Swan

Court : US Supreme Court

Decided on : Dec-07-1953

..... would affirm the decision of the court of appeals. * under the rules of the american arbitration association, available to the plaintiff under his contract, the procedure for selection of arbitrators is as follows: the association submits a list of potential arbitrators qualified by experience to adjudicate the particular ..... . 528, 163 p. 600; sturges, commercial arbitrations and awards, pp. 502, 793-798. [ footnote 15 ] "any controversy arising between us under this contract shall be determined by arbitration pursuant to the arbitration law of the new york, and under the rules of either the arbitration committee of the chamber of commerce of ..... localities, and 5 forbade a common carrier's exempting itself from any liability under the act. [ footnote 28 ] section 5 had been adopted to avoid contracts waiving employers' liability. [ footnote 29 ] it is page 346 u. s. 438 to be noted that, in words, it forbade exemption only ..... in arbitration as compared to judicial proceedings. determination of the quality of a commodity [ footnote 20 ] or the amount of money due under a contract is not the type of issue here involved. [ footnote 21 ] this case requires subjective findings on the purpose and knowledge page 346 u. s ..... 346 u. s. 429 1,600 shares of the common stock of air associates, incorporated, by false representations that pursuant to a merger contract with the borg warner corporation, air associates' stock would be valued at $6.00 per share over the then current market price, and that .....

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Jun 19 1953 (FN)

Rosenberg Vs. United States

Court : US Supreme Court

Decided on : Jun-19-1953

rosenberg v. united states - 346 u.s. 273 (1953) u.s. supreme court rosenberg v. united states, 346 u.s. 273 (1953) rosenberg v. united states no. ___, june 18 special term, 1953 argued june 18, 1953 decided june 19, 1953 346 u.s. 273 motion to vacate a stay syllabus the rosenbergs were convicted and sentenced to death for conspiring to violate the espionage act of 1917 by communicating to a foreign government, in wartime, secret atomic and other military information. the overt acts relating to atomic secrets occurred before enactment of the atomic energy act of 1946, but other aspects of the conspiracy continued into 1950. the court of appeals affirmed the convictions, and this court denied certiorari and rehearing. thereafter, several unsuccessful collateral attacks on the sentences were made in the lower courts, and reviews of the decisions thereon were sought in this court. after disposing, in effect, of all such collateral attacks then pending in the courts and denying a further stay, this court adjourned the october term, 1952. at a special term on june 15, 1953, the court denied a motion for leave to file an original petition for a writ of habeas corpus and for a stay, and again adjourned. thereafter, counsel for the rosenbergs applied to mr. justice douglas for a stay, but he denied it, since they raised questions already considered by the court. counsel who had not been retained by the rosenbergs but who represented a "next friend" applied to mr. justice douglas for .....

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Jun 01 1953 (FN)

Central Bank Vs. United States

Court : US Supreme Court

Decided on : Jun-01-1953

..... payments to the assignee bank were not to be "subject to reduction or set off for any indebtedness of the contractor to the government arising independently of this contract." after the contract had been made, the graham company arranged with petitioner, a california banking corporation, for the financing of the ship repair work. as security for the funds to ..... would have made necessary a great enlargement of their working capital. the provision for loans under section 210 would have been frustrated. for carriers could ill afford voluntarily to contract new debts thereunder which would displace, pro tanto, their existing bonded indebtedness. the entire spirit of the act makes clear the purpose that the rule leading to such ..... . . .(2) fines, (3) penalties . . or (4) taxes, social security contributions, or the withholding or nonwithholding of taxes or social security contributions, whether arising from or independently of such contract." "except as herein otherwise provided, nothing in this act, as amended, shall be deemed to affect or impair rights or obligations heretofore accrued." 65 stat. 41, 42. this amendment was ..... . the obligation of the contractor for the taxes in question arose before the partners converted such taxes to their own use, and such obligation was therefore directly associated with the contract." " * * * *" "in order to be independent, as we think that term was used and intended by the assignment of claims act, the indebtedness must arise irrespective of, .....

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Jun 01 1953 (FN)

Transcontinental and Western Air, Inc. Vs. Koppal

Court : US Supreme Court

Decided on : Jun-01-1953

..... district court in missouri an action under missouri law for wrongful discharge. he failed to show that he had exhausted the administrative remedies prescribed by his employment contract. the employment contract was a missouri contract, and the administrative remedies prescribed therein were consistent with the railway labor act. held: the district court properly dismissed the complaint. pp. 345 u. s ..... been a carrier by air, engaged in interstate commerce and subject to title ii of the railway labor act. [ footnote 1 ] the terms of respondent's employment contract were stated in a written agreement between petitioner and the international association of machinists. that association was a union which, for collective bargaining purposes, represented respondent and the other ..... sued his employer, the st. louis southwestern railroad company, for damages for his alleged unlawful discharge in 1928. the terms of his employment were stated in a written contract between the order of railway conductors and the railroad. this prescribed a complete code for the hearing and review of discharges. the conductor was charged with intoxication, and ..... jurisdiction over the claim of an employee that he has been unlawfully discharged. such employee may proceed either in accordance with the administrative procedures prescribed in his employment contract or he may resort to his action at law for alleged unlawful discharge if the state courts recognize such a claim. where the applicable law permits his .....

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May 25 1953 (FN)

Times-picayune Pub. Co. Vs. United States

Court : US Supreme Court

Decided on : May-25-1953

..... states, and the independent new orleans item, in the competitive field of evening newspaper advertising. insistence by the times-picayune upon acceptance of its compulsory combination advertising contracts makes payment for, and publication of, classified and general advertising in its own evening paper an inescapable part of the price of access to the all-important columns ..... is a single corporation, and the government in the district court abandoned a charge of unlawful concert among the corporate officers. [ footnote 50 ] with the advertising contracts in this proceeding viewed as in themselves lawful and no further elements of combination apparent in the case, 2 criteria must become dispositive here. an insufficient showing of ..... in short, neither the rationale nor the doctrines evolved by the "tying" cases can dispose of the publishing company's arrangements challenged here. the publishing company's advertising contracts must thus be tested under the sherman act's general prohibition on unreasonable restraints of trade. for purposes of 1, "[a] restraint may be unreasonable either because a ..... the daily states publishing company, ltd., an independent organization, distributed the evening states. in 1933, the times-picayune publishing company purchased the name, goodwill, circulation, and advertising contracts of the states, and continued to publish it evenings. the morning tribune of the item co., ltd., suspended publication in 1941. today, the times-picayune, item, and states .....

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Apr 27 1953 (FN)

Calmar Steamship Corp. Vs. Scott

Court : US Supreme Court

Decided on : Apr-27-1953

..... substantially along these lines, did the district court, and it proceeded to hold the underwriters liable. the court of appeals assumed that the "labyrinth of verbiage, within which lurks whatever contract was made, is to be understood to agree that, although the ship might at the time be under the 'restraint of princes,' the policy should cover her loss. . . ." but it ..... so as to make it mean what the expert in the district court said it meant [ footnote 7 ] -- which, on its face, it cannot mean -- would be to reform the contract, and that the requirements of the equitable doctrine of reformation are not met in this case. page 345 u. s. 436 we thus read the provisions of this policy as ..... of lloyd's evokes a sympathetic echo. "freight insurance entered into on the old form of marine insurance policy with deletions or additions to adapt the form to the intended contract [has] almost invariably given rise to difficulties, and the present case [is] no exception." mr. justice sellers in atlantic maritime co. v. gibbon, in atlantic maritime co. v. gibbon, [1953 .....

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Apr 27 1953 (FN)

Calmar Steamship Corp. Vs. United States

Court : US Supreme Court

Decided on : Apr-27-1953

..... that all or any of the causes of action in this very suit would or would not qualify under the public vessels act. there are cases in which jurisdiction over contract claims other than towage or salvage has been assumed. thomason v. united states, 184 f.2d 105; united states v. loyola, 161 f.2d 126. but cf. eastern s.s ..... de la rama s.s. co. v. united states, 344 u. s. 386 , 344 u. s. 390 . [ footnote 8 ] it is not to be assumed that all claims sounding in contract can form the basis of a suit under the public vessels act. the act expressly authorizes towage and salvage claims. we intimate no opinion as to other claims, and do ..... personam in admiralty may be brought against the united states . . . for damages caused by a public vessel of the united states, and for compensation for towage and salvage services, including contract salvage, rendered to a public vessel of the united states: provided, that the cause of action arose after the 6th day of april, 1920." [ footnote 6 ] section 9 of the ..... court. when, as here, the vessel is privately owned and operated, however, to hold that she was not employed as a merchant vessel is to relegate the libellant, on a contract claim substantial enough not to be cognizable on the law side under the tucker act, 28 u.s.c. (supp.iii) 1346, to the court of claims. [ footnote 7 ] yet .....

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