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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1956 Page 1 of about 19 results (0.110 seconds)

Jan 09 1956 (FN)

Ryan Stevedoring Co., Inc. Vs. Pan-atlantic Corp.

Court : US Supreme Court

Decided on : Jan-09-1956

..... footnote 1 ] precludes a shipowner from asserting such a liability. 2. the second is whether the liability exists where a contractor, without entering into an express agreement of indemnity, contracts to perform a shipowner's stevedoring operations and the longshoreman's injuries are caused by the contractor's unsafe stowage of the ship's cargo. for the reasons hereafter stated ..... the ss. canton page 350 u. s. 126 victory in the american coastwise trade under a bareboat charter. as evidenced by letters, but without a formal stevedoring contract or an express indemnity agreement, respondent secured, for that year, the agreement of petitioner, ryan stevedoring co., inc., an alabama corporation, to perform all stevedoring operations required by respondent in its ..... rehearing granted, may 16,1955 reargued october 11-12, 1955 decided january 9, 1956 350 u.s. 124 on rehearing syllabus without signing a formal stevedoring contract or an express indemnity agreement, a stevedoring contractor agreed to perform all stevedoring operations required by a shipowner in the latter's coastwise service. under this agreement, the contractor loaded a ..... harmless or to indemnify the shipowner against liability for injuries to petitioner's employees caused by the shipowner's negligence in whole or in part, the contract would have been valid and indemnity could have been obtained. for the longshoremen's act does not forbid employers under it to make independent agreements to indemnify others. but i think .....

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Nov 19 1956 (FN)

United States Vs. Bergh

Court : US Supreme Court

Decided on : Nov-19-1956

..... of the 1885 resolution is not prohibited after 1938. accordingly, it would be consistent with that case to uphold the court of claims in the instant case. the collective bargaining contract in the kelly case was declaratory of, not contrary to, the policy of the 1885 resolution. for the foregoing reasons, the judgment of the court of claims should be affirmed ..... to keep its wages and working conditions in step with those in private enterprise. it is completely unthinkable that the owner of a printing shop could, by practice, or by contract, maintain the policy as to holiday pay which the government here seeks to attribute to congress. such an employer might, and many employers did, in 1938 have a policy of ..... the act of june 7, 1924, 43 stat. 658. this act, though amended, remained in effect as to the provisions involved here at the time of kelly's claim. the contract kelly sued on was entered into by the government under this act. we said the problem was "whether the [1938] resolution somehow precludes the awarding of the gratuity pay which ..... for holidays not worked. if the holiday was worked, it was paid for. some such employers then, and most of them now [1951] have contracts with their employees providing for paid holidays, but, in all such contracts, there is a provision that, if the holiday is in fact worked, it will be paid for again, usually at premium pay, and in addition .....

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Jun 11 1956 (FN)

United States Vs. Mckesson and Robbins, Inc.

Court : US Supreme Court

Decided on : Jun-11-1956

..... the miller-tydings act, the statutory exemption was qualified by an important proviso. this stated: "(5) nothing contained in paragraph (2) of this subsection shall make lawful contracts or agreements providing for the establishment or maintenance of minimum or stipulated resale prices on any commodity referred to in paragraph (2) of this subsection, between manufacturers, or ..... since the language of the proviso in question is unambiguous. [ footnote 19 ] it excludes from the exemption from the per se rule of illegality resale price maintenance contracts between firms competing on the same functional level. both the government and appellee press upon us economic arguments which could reasonably have caused congress to support their respective positions. ..... legal if done between an independent wholesaler and a competing wholesaler who is also the manufacturer of the brand product. this is so, appellee maintains, because, in contracting with independent wholesalers, it acted solely as a manufacturer selling to buyers, rather than as a competitor of these buyers. but the statutes provide no basis for sanctioning ..... moved for summary judgment on the ground that these acts do not immunize mckesson's agreements with other wholesalers, since they expressly exclude from their exemption from the antitrust laws contracts "between wholesalers" or "between persons, firms, or corporations in competition with each other." the district judge denied the motion. [ footnote 4 ] he recognized that price .....

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Jun 11 1956 (FN)

United States Vs. E. I. Du Pont De Nemours and Co.

Court : US Supreme Court

Decided on : Jun-11-1956

..... , 221 u. s. 58 -62. it was based on the generality of 1 and 2 of the sherman act, which were said to be "broad enough to embrace every conceivable contract or combination which could be made concerning trade or commerce" and therefore required a "standard." the standard of reason, drawn from the common law, was adopted. see adams, the "rule ..... relating to regenerated cellulose film. in order that our position may be clearly and frankly established, we desire to record with you our conclusions." "based upon the provisions of the contracts, and in the light of legal developments in this country, we construe these agreements as imposing no restrictions upon the sale of regenerated cellulose film in any country in which ..... to our appendices ( post, p. 351 u. s. 405 et seq. ), are to the federal supplement. we noted probable jurisdiction october 14, 1954, 348 u.s. 806. [ footnote 2 ] "every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several states, or with foreign nations, is declared to be illegal. . . ." 15 ..... a proper interpretation of the sherman act in 1911, with a strong, clear-cut dissent challenging its soundness on the ground that the specific words of the act covered every contract that tended to restrain or monopolize. [ footnote 8 ] this court has not receded from its position on the rule. [ footnote 9 ] there is not, we think, any inconsistency between it .....

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Jun 11 1956 (FN)

Reid Vs. Covert

Court : US Supreme Court

Decided on : Jun-11-1956

..... of civilians in time of peace. all subjects were tried alike by the same civil courts, so, "if a life-guardsman deserted he could only be sued for breach of contract, and if he struck his officer, he was only liable to an indictment or an action of battery." 2 campbell, lives of the chief justices (1st ed. 1849), 91. in ..... to include the raising or constituting, and the governing nolens volens, in time of peace, as a part of the army, of a class of persons who are under no contract for military service, . . . who render no military service, perform no military duty, receive no military pay, but are and remain civilians in every sense and for every capacity. . . . in the ..... the land and naval forces. it was on a similar theory that congress once went to the extreme of subjecting persons who made contracts with the military to court-martial jurisdiction with respect to frauds related to such contracts. [ footnote 39 ] in the only judicial test, a circuit court held that the legislation was patently unconstitutional. ex parte henderson, 11 fed.cas .....

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May 28 1956 (FN)

Commissioner Vs. Lobue

Court : US Supreme Court

Decided on : May-28-1956

..... . s. 177 , 324 u. s. 695 , does not require an opposite result. in that case, smith's employer, western, had undertaken the management of a reorganized corporation, hawley, under a contract by which western was to receive as compensation for its managerial services a specified amount of stock in hawley if it was successful in reducing hawley's indebtedness by a ..... , gave smith, who was active in the hawley reorganization, an option to buy at the then-existing market price, a fixed share of any hawley stock received under the management contract. the management contract was successfully performed, and a part of the hawley stock received by western -- the value of which was, of course, substantially enhanced by the performance of the ..... the gain that would accrue to smith upon the successful performance of the management contract was intended as "compensation" to him for his services was no doubt amply justified. but, as the court expressly stated in upholding that finding: "it, of course, does not follow ..... contract -- was sold to smith at the option price. under the peculiar facts of that case -- more analogous to an assignment to an employee of a share in the anticipated proceeds of a contract than to the usual employee stock option plan -- the tax court's finding that .....

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Apr 23 1956 (FN)

Squire Vs. Capoeman

Court : US Supreme Court

Decided on : Apr-23-1956

..... simple, and thereafter all restrictions as to sale, incumbrance, or taxation of said land shall be removed and said land shall not be liable to the satisfaction of any debt contracted prior to the issuing of such patent. . . . [ footnote 9 ]" the government argues that this amendment was directed solely at permitting state and local taxation after a transfer in fee, but ..... , and was of little value after the timber was cut. in the year 1943, the bureau of indian affairs of the united states department of the interior entered into a contract of sale for the standing timber on respondent's allotted land for the total price of $15,080.80. the government received the sum of $8,418.28 on behalf .....

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Mar 26 1956 (FN)

United States Vs. Green

Court : US Supreme Court

Decided on : Mar-26-1956

..... services of laborers commonly known as swampers, in connection with the operation of machinery and equipment then being used and operated by said [employer] in the execution of his said contract for maintenance work on said levee, the attempted obtaining of said property from said [employer] as aforesaid being then intended to be accomplished and accomplished with the consent of said ..... the contractor and labor, and was in no wise an attempt to extort for the use of either the union or the defendant green, any money or property of the contract." 135 f.supp. at 163, 164. [ footnote 3 ] see american newspaper publishers association v. labor board, 345 u. s. 100 ; labor board v. gamble enterprises, 345 u. s. 117 . [ footnote .....

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Mar 05 1956 (FN)

United States Vs. Leslie Salt Co.

Court : US Supreme Court

Decided on : Mar-05-1956

united states v. leslie salt co. - 350 u.s. 383 (1956) u.s. supreme court united states v. leslie salt co., 350 u.s. 383 (1956) united states v. leslie salt co. no. 74 argued december 7, 1955 decided march 5, 1956 350 u.s. 383 certiorari to the united states court of appeals for the ninth circuit syllabus in 1949, a corporation in need of funds to meet maturing bank loans and for working capital borrowed $3,000,000 from one insurance company and $1,000,000 from another for 15 years, giving each a single typewritten instrument entitled "3 1/4% sinking fund promissory note due february 1, 1964." each note was subject to the terms of an underlying agreement containing elaborate provisions for the protection of the note holders and a provision under which each insurance company could require the borrower to convert its note into a series of new notes in denominations of $1,000 or multiples thereof, "either in registered form without coupons or in coupon form, and in printed or in fully engraved form." this option had not been exercised by either note holder. held: these two notes are not subject to the documentary stamp taxes laid under 1800 and 1801 of the internal revenue code of 1939 on "all bonds, debentures, or certificates of indebtedness issued by any corporation. . . ." pp. 350 u. s. 384 -398. (a) it is significant that the stamp tax which was levied on "promissory notes" for many years, but which has been repealed, was always carried in a separate section from that .....

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Feb 27 1956 (FN)

Mastro Plastics Corp. Vs. Labor Board

Court : US Supreme Court

Decided on : Feb-27-1956

..... it is proposed to make such termination or modification;" "(2) offers to meet and confer with the other party for the purpose of negotiating a new contract or a contract containing the proposed modifications;" "(3) notifies the federal mediation and conciliation service within thirty days after such notice of the existence of a dispute, and ..... the representation proceeding initiated before the board by the warehouse workers. meanwhile, the carpenters had written petitioners on october 10, stating that they wished to negotiate a new contract to take effect upon the expiration of the current agreement. the letter made specific demands, and, bargaining over them followed. when the petitioners' organizational activities became ..... the employers and their employees and to that end accomplish fair and peaceful adjustments which may arise without interruption of the employers' businesses. . . ." the balance of the contract relates to: (1) limitation of employment to union members in good standing; definitions of exempt employees and union shop; (2) availability of arbitration, under 19, in ..... request, and neither ciccone nor any of the other 76 striking employees has been reinstated." while the strike against petitioners' unfair labor practices continued, the collective bargaining contract between petitioners and the carpenters approached its expiration date of november 30, 1950, and, apart from the above-described organizational controversy, the carpenters had taken timely steps .....

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