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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1964 Page 1 of about 48 results (0.058 seconds)

May 18 1964 (FN)

Clay Vs. Sun Ins. Office, Ltd.

Court : US Supreme Court

Decided on : May-18-1964

..... where it was made, prohibited direct action against the insurer until final determination of the obligation of the insured. the court of appeals relied in the main on hartford accident & indemnity co. v. delta & pine land co., 292 u. s. 143 , and home ins. co. v. dick, 281 u. s. 397 . those were cases where the activities in the ..... later. when the case reached here, the majority view was that the underlying constitutional question -- whether, consistently with due process, florida could apply its five-year statute to this illinois contract -- should not be reached until the florida supreme court, through its certificate procedure, [ footnote 2 ] had construed that statute and resolved another local law question. [ footnote 3 ] on remand ..... . after certification to and resolution by the state supreme court of certain local law questions following remand by this court, the court of appeals held that application to the contract of the five-year statute of limitations would violate due process. held: application of the statute of limitations of the forum state is consistent with due process and full ..... a claim thereunder twelve months after discovery of loss, moved to and became a resident of the forum state, which permitted claims up to five years after loss notwithstanding contract provisions requiring earlier legal action. invoking diversity jurisdiction, petitioner brought this action in the federal district court of the forum state to recover damages under the policy more than .....

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Mar 09 1964 (FN)

italia Societa Vs. Oregon Stevedoring Co., Inc.

Court : US Supreme Court

Decided on : Mar-09-1964

..... mr. justice white delivered the opinion of the court. this is an action by a shipowner, italia societa per azioni di navigazione (italia), against a contracting stevedore company, oregon stevedoring company (oregon), to recover indemnity for breach of the stevedore's implied warranty of workmanlike service. the issue presented is whether the warranty is breached where the page 376 u. s ..... in ryan was not merely an escape from the no-recovery consequences of halcyon, as is evidenced by the fact that recovery of contribution between joint tortfeasors and recovery of indemnity for breach of warranty proceed on two wholly distinct theories and produce disparate results. [ footnote 7 ] see american stevedores, inc. v. porello, 330 u. s. 446 . recovery ..... unseaworthiness, [ footnote 3 ] and recovered a judgment against italia upon a general verdict. italia satisfied the judgment and thereupon brought this suit in a federal district court for indemnity from oregon. the district court found that the basis for griffith's recovery was not negligence on the part of the shipowner, but a condition of unseaworthiness created by the ..... january 8, 1964 decided march 9, 1964 376 u.s. 315 certiorari to the united states court of appeals for the ninth circuit syllabus 1. shipowner may recover indemnity from a stevedore for breach of implied warranty of workmanlike service where the stevedore, without negligence, has supplied defective equipment which injures its own employee who has recovered a judgment .....

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Dec 14 1964 (SC)

A. Venkata Subba Rao Vs. State of Andhra Pradesh

Court : Supreme Court of India

Decided on : Dec-14-1964

Reported in : AIR1965SC1773; [1965]2SCR577

..... and at prices fixed by government. it was, therefore, submitted that they were "agents" who would on the one hand be entitled to indemnity from the government for any loss that they might sustain in their engaging in the business of the agency of purchase and storage and sale on ..... of a new analytical jurisprudence gradually undermined lord mansfield's position. so long as the common lawyers thought in terms of procedure and associated quasi-contract with the writ of indebitatus assumpsit, they were content to accept the implications of unjust benefit. but when they abandoned their traditional forms and ..... of principal and agent. for this purpose reliance was placed on article 76 of bowstead on agency which runs: .lm15 " where an agent, by contracting personally, renders himself personally liable for the price of goods bought on behalf of his principal, the property in the goods, as between the principal ..... enforce the demand. in the case of some of them where there were amounts owing by government on account of rice supplied under the contract for supply referred to earlier or by reason of the government having collected the amounts from purchasers who were authorised to lift stocks from the ..... or to other licensed purchasers. the procurement price was in each case lower than the selling price and the procuring agents were under the contract entitled to the difference between the two prices. during the period with which we are concerned, three successive orders were made by the government .....

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May 01 1964 (SC)

Kettlewell Bullen and Co. Vs. Commissioner of Income-tax, Calcutta

Court : Supreme Court of India

Decided on : May-01-1964

Reported in : AIR1965SC65; [1964]53ITR261(SC); [1964]8SCR93

..... . 16. in the commissioners of inland revenue v. newcastle breweries ltd. 12 t.c. 927 compensation received under an order of the war compensation court,under the indemnity act, 1920, in addition to what was paid by the admiraltyfor rum taken over in exercise of the power under the defence of the realmregulations was held to be ..... of limestone and dolomitewas terminated when the purchaser the bengal iron company ltd. found the ratesuneconomical. a suit was then filed by the respondent for specific performanceof the contract and for an injunction restraining the company from purchasinglimestone and dolomite from any other person. a fresh agreement made betweenthe respondent and the company fell through because of ..... giving it lesssecurity than before. as compensation for loss resulting from the alterations,the manufacturers paid to the respondent company, a sum calculated on sales tothe trade during the contract period. it was held that this was a capitalreceipt, because, by the modification the framework of the respondent'sbusiness was impaired. 32. elaborate arguments were presented before ..... to complete repairs to a ship within the stipulatedperiod was regarded as revenue. 18. these cases illustrate the principle that compensation for injury totrading operations, arising from breach of contract or in consequence ofexercise of sovereign rights, is revenue. these cases must, however, be distinguishedfrom another class of cases where compensation is paid as a solatium for lossof .....

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Apr 24 1964 (SC)

New Asiatic Insurance Co. Ltd. Vs. Pessumal Dhanamal Aswani and ors.

Court : Supreme Court of India

Decided on : Apr-24-1964

Reported in : AIR1964SC1736; (1964)66BOMLR702; 1965MHLJ257(SC); [1964]7SCR867

..... car insured under the policy, but merely amounted to a condition affecting the liability of the company vis a vis the driver who was entitled to indemnity under any other policy. the question thus reduces itself to the determination of whether pessumal comes within the persons indemnified in para. 3 of the ..... appearing in the certificate in order to comply with the act is recoverable from the insured, and refers to the avoidance clause. 24. thus the contract between the insured and the company may not provide for all the liabilities which the company has to undertake vis a vis the third parties, ..... in the policy of the company. 23. the act contemplates the possibility of the policy of insurance undertaking liability to third parties providing such a contract between the insurer and the insured, that is, the person who effected the policy, as would make the company entitled to recover the whole or ..... persons from the general classification will have to be related to considerations affecting it and is not to be related to such classified persons right to indemnity from any other insurer. in this connection reference may be made to proviso (b) which cannot in any case be a proviso relating to ..... 'other vehicles extension clause' respectively, are material and are set out in full : '3. in terms of and subject to the limitations of the indemnity which is granted by this section to the insured the company will indemnify any driver who is driving the motor car on the insured's order or with .....

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Dec 14 1964 (FN)

Hamm Vs. City of Rock Hill

Court : US Supreme Court

Decided on : Dec-14-1964

hamm v. city of rock hill - 379 u.s. 306 (1964) u.s. supreme court hamm v. city of rock hill, 379 u.s. 306 (1964) hamm v. city of rock hill no. 2 argued october 12, 1964 decided december 14, 1964 * 379 u.s. 306 certiorari to the supreme court of south carolina syllabus the petitioners, who are negroes, were convicted for violations of state trespass statutes for participating in "sit-ins" at lunch counters of retail stores. it was conceded that the lunch counter operations would probably come within the coverage of the civil rights act of 1964, which was passed subsequent to the convictions and the affirmances thereof in the state courts. held: 1. the act creates federal statutory rights which, under the supremacy clause, must prevail over any conflicting state laws. pp. 379 u. s. 310 -312. 2. these convictions, being on direct review at the time the act made the conduct no longer unlawful, must abate. pp. 379 u. s. 312 -317. (a) had these been federal convictions, they would have abated, congress presumably having intended to avoid punishment no longer furthering a legislative purpose, and the general federal saving statute being applicable to a statute like this which substitutes a right for what was previously criminal. pp. 379 u. s. 312 -314. (b) though these were state convictions, their abatement is likewise required not only under the supremacy clause, and because the pending convictions are contrary to the legislative purpose of the act, but also because abatement is .....

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Jun 22 1964 (FN)

Jackson Vs. Denno

Court : US Supreme Court

Decided on : Jun-22-1964

jackson v. denno - 378 u.s. 368 (1964) u.s. supreme court jackson v. denno, 378 u.s. 368 (1964) jackson v. denno no. 62 argued december 9-10, 1963 decided june 22, 1964 378 u.s. 368 certiorari to the united states court of appeals for the second circuit syllabus petitioner, after robbing a hotel, fatally wounded a policeman and himself received two bullet wounds. questioned shortly after arrival at a hospital, he admitted the shooting and the robbery. some time later, after considerable loss of blood and soon after he had been given drugs, he was interrogated and admitted firing the first shot at the policeman. petitioner was indicted for murder, and both statements were admitted at the trial, at which petitioner's testimony differed in some important respects from the confessions. in accord with new york practice where the voluntariness of a confession is attacked, the trial court submitted that issue, with the others, to the jury. the jury was told to disregard the confession entirely if it was found involuntary, and to determine the guilt or innocence solely from other evidence; or, if it found the confession voluntary, it was to determine its truth or reliability and weigh it accordingly. the jury found petitioner guilty of first-degree murder, the new york court of appeals affirmed, and this court denied certiorari. petitioner filed a petition for a writ of habeas corpus asserting that the new york procedure for determining voluntariness of a confession was .....

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Jun 15 1964 (FN)

United States Vs. Boyd

Court : US Supreme Court

Decided on : Jun-15-1964

..... ] the general purposes of commission control and direction are stated in the preface to the contract: "whereas, the corporation recognizes that attainment of the commission's overall objectives and discharge of its responsibility for economy and efficiency in the conduct of the atomic energy ..... close analysis of the extraordinary' contractual relationship between du pont and aec at this plant. . . ." and the factual determination that du pont received no benefits from the contract. because the services involved herein are performed for a substantial fee in the course of the contractor's commercial operation, the livingston decision is not controlling. [ footnote 7 ..... code ann. 67-3004 (1963 cum.supp.): "where a contractor or subcontractor hereinafter defined as a dealer, uses tangible personal property in the performance of his contract, or to fulfill contract or subcontract obligations, whether the title to such property be in the contractor, subcontractor, contractee, subcontractee, or any other person, or whether the title holder ..... 4 ] carbide is generally free to make purchases up to $100,000 without prior approval. although carbide exercises considerable managerial discretion from day to day in performing the contract, the commission retains the right to control, direct and supervise the performance of the work and has issued directions and instructions governing large areas of the operation. carbide .....

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Jun 01 1964 (FN)

Hudson Distributors, Inc. Vs. Eli Lilly and Co.

Court : US Supreme Court

Decided on : Jun-01-1964

..... lilly's fair trade prices;" "(2) lilly, a foreign corporation, was not properly licensed to transact business in the state of ohio;" "(3) paragraph 6 of lilly's fair trade contract [which provides that: 'retailer agrees not to knowingly sell any of manufacturer's i dentified commodities' to any dealer who fails to observe the minimum retail resale prices established under ..... raised by hudson in its second amended answer to the cross-petition, [ footnote 11 ] including the contention page 377 u. s. 395 that paragraph 6 of the lilly fair trade contracts compels retailers to enter into allegedly unlawful horizontal price-fixing agreements in violation of 1 of the sherman act, are not properly before us. they are pending and unresolved in ..... terms of the federal act by permitting the maintenance of resale prices "by notice alone," where no contract has been entered into between the owner of the trademark and any retailer. hudson emphasizes that the ohio courts sustained the ohio act under the state constitution on the theory ..... state fair trade act, a trademark owner such as lilly could be permitted to enforce, even against a nonsigning retailer such as hudson, the stipulated minimum prices established by written contracts with other retailers. [ footnote 7 ] without disputing this interpretation of the mcguire act, hudson argues that the ohio act, as interpreted by the ohio courts, reaches beyond the exemptive .....

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Jun 01 1964 (FN)

Baggett Vs. Bullitt

Court : US Supreme Court

Decided on : Jun-01-1964

..... for their refusal. nostrand v. little, 362 u. s. 474 . the washington supreme court held upon remand that, since professors nostrand and savelle were tenured professors, the terms of their contracts and rules promulgated by the board of regents entitled them to a hearing. nostrand v. little, 58 wash.2d 111, 361 p.2d 551. this court dismissed a further appeal ..... oaths prescribed in the statutes as a condition of their employment. the 1931 legislation applies only to teachers who, upon applying for a license to teach or renewing an existing contract, are required to subscribe to the following: "i solemnly swear (or affirm) that i will support the constitution and laws of the united states of page 377 u. s. 362 .....

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