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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1962 Page 1 of about 42 results (0.059 seconds)

Dec 03 1962 (FN)

Pealman Vs. Reliance Ins. Co.

Court : US Supreme Court

Decided on : Dec-03-1962

..... per cent. to be withheld until the completion of the work to be done is as much for the indemnity of him who may be a guarantor of the performance of the contract as for him for whom it is to be performed. and there is great justness in the rule adopted. ..... against the united states, but only that the "guaranty company [was] entitled to subrogation to any right of the united states government arising through the building contract." henningsen, supra, at p. 208 u. s. 410 . since the funds here have been paid into court by the government, there is some ..... . ed. 1950). cf. aquilino v. united states, 363 u. s. 509 (1960). [ footnote 12 ] "the right of subrogation is not founded on contract. it is a creature of equity, is enforced solely for the purpose of accomplishing the ends of substantial justice, and is independent of any contractual relations between the ..... the company was then known as fire association of philadelphia. [ footnote 2 ] 40 u.s.c. 270a, provides in part as follows: "(a) before any contract, exceeding $2,000 in amount, for the construction, alteration, or repair of any public building or public work of the united states is awarded to any person, ..... earnings due the contractor. the petitioner, pearlman is trustee of the bankrupt estate of the dutcher construction corporation, which, in april, 1955, entered into a contract with the united states to do work on the government's st. lawrence seaway project. at the same time, the respondent, reliance insurance company, [ footnote .....

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Apr 02 1962 (FN)

A. and Gulf Stevedores Vs. Ellerman Lines, Ltd.

Court : US Supreme Court

Decided on : Apr-02-1962

..... atlantic & gulf stevedores, inc." mr. justice stewart, whom mr. justice frankfurter joins, dissenting. in my view, the court of appeals correctly ruled that the respondents were entitled to indemnity from the petitioner under principles first set forth by this court in ryan stevedoring co. v. pan-atlantic s.s. corp., 350 u. s. 124 , and followed in weyerhaeuser ..... citizenship, alleging that their vessel was unseaworthy and that they were negligent. respondents impleaded petitioner, alleging that it was negligent in its manner and method of unloading and asking indemnity from it in case respondents were held liable to beard. counsel, near the end of the trial, agreed upon five special interrogatories, to which the jury responded as follows ..... shipowners, in a federal district court on the basis of diversity of citizenship, alleging that the vessel was unseaworthy and that they were negligent. respondents impleaded petitioner and asked indemnity, alleging that it was negligent in the manner of unloading. the jury found that the injury resulted from unseaworthiness of the vessel and negligence of respondents, and not from ..... any failure of petitioner to do its work in accordance with its contract. the district court entered judgment in favor of the longshoreman against respondents and in favor of petitioner on respondents' claim for indemnity. the court of appeals affirmed the judgment in favor of the longshoreman, but reversed the judgment in favor .....

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Dec 11 1962 (SC)

Dr. A. Lakshmanaswami Mudaliar and ors. Vs. Life Insurance Corporation ...

Court : Supreme Court of India

Decided on : Dec-11-1962

Reported in : AIR1963SC1185; [1963]33CompCas420(SC); [1963]Supp2SCR887

..... . by the first sub-clause the company is authorised to carry on life insurance business in all its branches and all kinds of indemnity and guarantee business and for that purpose to enter into and carry into effect all contracts and arrangements. by sub-clause (ii) the company is authorised 'to invest and deal with funds and assets of the company upon ..... the company. payment by the company of the amount resolved to be donated was therefore purely gratuitous : its acceptance made it a gift, and did not give rise to a contract. 17. a company is competent to carry out its objects specified in the memorandum of association and cannot travel beyond the objects. the objects of the company are set out ..... (d) of the indian contract act when at the desire of the promisor, the promise or any other person has done or abstained for doing, or does or abstains from doing, or promises to do ..... counsel for the appellants that the resolution of the company and the acceptance thereof by the appellants as trustees of the trust constituted a contract is, in our judgment, futile. there was within the meaning of the indian contract act no consideration moving from the trustees for accepting the amount assuming that the resolution amounted to an offer. by s. 2 clause .....

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Dec 10 1962 (FN)

Ford Vs. Ford

Court : US Supreme Court

Decided on : Dec-10-1962

..... parties are involved, cases involving custody of children raise very different considerations. we are of the opinion that virginia law, which page 371 u. s. 193 does not treat a contract between the parents as a bar to the court's jurisdiction in custody cases, [ footnote 6 ] would similarly not treat as res judicata the dismissal in this case. the virginia ..... , 120 s.e. 135 (1923) (personal injury suit); bardach iron & steel co. v. tenenbaum, 136 va. 163, 118 s.e. 502 (1923) (seller's suit for buyer's breach of contract). [ footnote 5 ] ibid. in a fourth case mentioned in the south carolina opinion, virginia concrete co. v. board of supervisors, 197 va. 821, 91 s.e.2d 415 (1956), the .....

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Nov 19 1962 (FN)

Meat Drivers Vs. United States

Court : US Supreme Court

Decided on : Nov-19-1962

..... members of the appellant union. if that situation should change in the future, the district court will have ample power to amend its decree. [ footnote 7 ] affirmed. [ footnote 1 ] "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 .....

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Jun 25 1962 (FN)

Brown Shoe Co., Inc. Vs. United States

Court : US Supreme Court

Decided on : Jun-25-1962

..... oil co. of california v. united states, supra. yet a requirement contract may escape censure if only a page 370 u. s. 331 small share of the market is involved, if the purpose of the agreement is to insure to the customer ..... . v. nashville coal co., supra. of course, the fact that requirement contracts are not inherently anticompetitive will not save a particular agreement if, in fact, it is likely "substantially to lessen competition, or to tend to create a monopoly." e.g., standard ..... primarily to preserve and stimulate competition. see standard oil co. of california v. united states, supra, 337 u.s. at 337 u. s. 305 -306. on the other hand, requirement contracts are frequently negotiated at the behest of the customer who has chosen the particular supplier and his product upon the basis of competitive merit. see, e.g., tampa electric co ..... co. of california v. united states, supra, with international salt co. v. united states, 332 u. s. 392 . [ footnote 50 ] the reason for this is readily discernible. the usual tying contract forces the customer to take a product or brand he does not necessarily want in order to secure one which he does desire. because such an arrangement is inherently anticompetitive .....

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Jun 25 1962 (FN)

United States Vs. Wise

Court : US Supreme Court

Decided on : Jun-25-1962

..... that 8, defining "person" to include corporations and associations, does not imply the exclusion of natural persons. moreover, the fiction of corporate entity, operative to protect officers from contract liability, had never been applied as a shield against criminal prosecutions when the sherman act was passed. in fact, i think there can have been no serious doubt, even as ..... , the solicitor general cites 40 cases in which corporate officers were indicted under the sherman act between 1890 and 1914. brief for appellant, pp. 69-72. [ 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. . . ..... . s. 416 based upon the foregoing, we hold that a corporate officer is subject to prosecution under 1 of the sherman act whenever he knowingly participates in effecting the illegal contract, combination, or conspiracy -- be he one who authorizes, orders, or helps perpetrate the crime -- regardless of whether he is acting in a representative capacity. it follows that the ..... to corporate officers acting in a representative capacity. held: a corporate officer is subject to prosecution under 1 of the sherman act whenever he knowingly participates in effecting an illegal contract, combination or conspiracy -- be he one who authorizes, orders or helps to perpetrate the crime -- regardless of whether he is acting in a representative capacity. pp. 370 u. .....

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Jun 25 1962 (FN)

Manual Enterprises, Inc. Vs. Day

Court : US Supreme Court

Decided on : Jun-25-1962

manual enterprises, inc. v. day - 370 u.s. 478 (1962) u.s. supreme court manual enterprises, inc. v. day, 370 u.s. 478 (1962) manual enterprises, inc. v. day no. 123 argued february 26-27, 1962 decided june 25, 1962 370 u.s. 478 certiorari to the united states court of appeals for the district of columbia circuit syllabus after an administrative hearing, the judicial officer of the post office department issued a ruling barring a shipment of petitioners' magazines from the mails under 18 u.s.c. 1461, on the grounds that (1) they were themselves "obscene," and (2) they gave information as to where "obscene" matter could be obtained. the magazines consisted largely of photographs of nude, or nearly nude, male models, and gave the name of each model and each photographer and the latter's address. they also contained a number of advertisements by independent photographers offering for sale photographs of nude men. the judicial officer found that the magazines (1) were composed primarily, if not exclusively, for homosexuals, and had no literary, scientific or other merit; (2) would appeal to the "prurient interest" of such sexual deviates, but would not have any interest for sexually normal individuals; (3) are read almost entirely by homosexuals, and possibly a few adolescent males; and (4) would not ordinarily be bought by normal male adults. in a suit by petitioners, the district court sustained the administrative ruling and denied injunctive relief. the court of appeals .....

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Jun 18 1962 (FN)

Sinclair Refining Co. Vs. Atkinson

Court : US Supreme Court

Decided on : Jun-18-1962

..... actions under 301; the question is simply whether injunctions are barred against strikes over grievances page 370 u. s. 225 which have been routed to arbitration by a contract specifically enforceable against both the union and the employer. enforced adherence to such arbitration commitments has emerged as a dominant motif in the developing federal law of collective ..... the terms of collective bargaining agreements. the provisions of the senate amendment which conferred a right of action for damages upon a party aggrieved by breach of a collective bargaining contract, however, were retained in the conference agreement (section 301)." 93 cong.rec. 6443, ii leg.hist. 1539. (emphasis supplied.) [ footnote 28 ] the legislative history of the ..... between conflicting provisions of the respective bills each had passed. prior to this conference, the house bill had provided for federal jurisdiction of suits for breach of collective bargaining contracts, and had expressly declared that the norris-laguardia act's anti-injunction provisions would not apply to such suits. [ footnote 21 ] the bill passed by the senate, ..... the specific anti-injunction provisions of the act were based, contains language indicating that one primary concern of congress was to insure workers the right "to exercise actual liberty of contract" and to protect "concerted activities for the purpose of collective bargaining." [ footnote 11 ] from that premise, sinclair argues that an interpretation of the term "labor dispute" .....

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Jun 18 1962 (FN)

Drake Bakeries Vs. Bakery Workers

Court : US Supreme Court

Decided on : Jun-18-1962

..... that we did not agree with, or accept your proposal to amend or alter past practice concerning holiday week-ends. your proposed schedule and your threats of disciplinary penalties violates contract and practice. . . . if you do no retract position, we shall demand arbitration." [ footnote 4 ] article vii-no strikes "(a) there shall be no strike, boycott, interruption ..... asserts that it was the company itself which ignored the adjustment and arbitration provisions by scheduling holiday work. in passing 301, congress was interested in the enforcement of collective bargaining contracts, since it would "promote a higher degree of responsibility upon the parties to such agreements, and will thereby promote industrial peace" (s.rep. no. 105, 80th cong ..... is excused from arbitrating, upon theories of waiver, estoppel, or otherwise. [ footnote 8 ] arbitration provisions, which themselves have not been repudiated, are meant to survive breaches of contract, in many contexts, even total breach; [ footnote 9 ] and, in determining whether one party has so repudiated his promise to arbitrate that the other party is excused the ..... that they will promptly attempt to adjust all complaints, disputes or grievances arising between them involving questions of interpretation or application of any clause or matter covered by this contract or any act or conduct or relation between the parties hereto, directly or indirectly." this is broad language, indeed, and the procedure thereafter provided in article v .....

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