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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1967 Page 1 of about 42 results (0.058 seconds)

1967

Rederi a/B Disa Vs. Cunard Steamship Co.

Court : US Supreme Court

Decided on : Jan-01-1967

..... owner then claimed that cunard was liable to indemnify it for any damages it might have to pay cunard's employee. if the claim of indemnity is considered to be a dispute arising under the charter contract, that contract governs and the controversy must be arbitrated in london. if, however, the controversy arises not under the charter but under the stevedore's warranty .....

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May 22 1967 (FN)

Sec Vs. United Benefit Life Ins. Co.

Court : US Supreme Court

Decided on : May-22-1967

..... four dissenting justices] . . . was conclusively rejected . . . in valic for the reason that variable annuities are 'securities,' and involve considerations of investment not present in the conventional contract of insurance." prudential insurance co. v. s.e.c., 326 f.2d 383, 388. it was implied in the majority opinion in valic and made explicit by the two concurring ..... mr. justice harlan delivered the opinion of the court. this action was initiated by the securities and exchange commission to enjoin respondent (united) from offering its "flexible fund annuity" contract without undertaking the registration required by 5 of the securities act of 1933, [ footnote 1 ] and to compel united to register the "flexible fund" itself as an "investment ..... , the question whether the "flexible fund" was an investment company under the investment company act was not reached. held: 1. the operation of the "flexible fund" contract during the pre-maturity period during which the insurer promises to serve as an investment agency is distinctly separable from the post-maturity benefit scheme which is exempted from the ..... circuit syllabus petitioner, the securities and exchange commission (sec), brought this action to enjoin respondent, united benefit life insurance co. (united), from offering its "flexible fund annuity" contract without meeting the registration requirements of the securities act of 1933, and to compel united to register the "flexible fund" as an "investment company" pursuant to 8 of the .....

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Mar 31 1967 (SC)

Bhajan Singh Hardit Singh and Co., Delhi Vs. Karson Agency (India) and ...

Court : Supreme Court of India

Decided on : Mar-31-1967

..... the party aggrieved was in a position to fix or quantify his damages. different considerations would apply to a claim for indemnity. in a case of a simple breach of contract, where the breach is complete on the expiry of the period fixed for performance time commences to run under article 115 ..... indian port within the meaning of the agreement. they, however, did not agree in the conclusion of the trial court regarding the effect of the indemnity clause and held that the second respondent was liable for the damages, if any. the learned judges held that the first respondent was not liable ..... .4105/- was barred by limitation. but, the suit was however, dismissed by the trial court because the second respondent was exonerated by reason of an indemnity clause in the agreement. (33) on appeal to the high court, the learned judges of the high court agreed with the finding of the trial ..... there should be an ascertainment or separation of the goods from the bulk by the seller, secondly, that there should be appropriation of the goods to the contract; thirdly, that the said appropriation by the seller should be with the consent of the buyer; and fourthly, that the appropriation should be unconditional. (37 ..... on the ground that there was no privity of contract between the appellant and the first respondent. then, on the question of the actual damages, the learned judges held that there was no satisfactory proof .....

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Jan 03 1967 (SC)

Lala Shanti Swarup Vs. Munshi Singh and ors.

Court : Supreme Court of India

Decided on : Jan-03-1967

Reported in : AIR1967SC1315; 1967(0)BLJR483; [1967]2SCR312

..... the covenant on the part of the purchaser to pay off the previous encumbrance on the property sold. under section 124 of the indian contract act 'a contract of indemnity' is a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the ..... and venkatanarayaniah v. subramania iyer. 74 i c 209. 6. it was then contended by mr. b. c. misra that even if there was a contract of indemnity the cause of action for the plaintiff arose on february 4, 1937, when the final mortgage decree was passed and not on february 25, 1943 when the plaintiff ..... purchase the vendor's property but also one to relieve the vendor from the liability of the mortgage, and in that sense there was an implied contract of indemnity in favour of the vendor. it follows therefore that article 83 of the limitation act applies to this case and as the sale deed is a ..... the purchaser ought to have paid off the mortgage. in the second place, it is also open to the vendor to bring a suit on the contract of indemnity if as a result of the failure of the purchaser to discharge the encumbrance the vendor incurs a loss. it was contended on behalf of the ..... c. misra put forward the argument that a provision in a conveyance whereby the purchaser agrees to pay off an encumbrancer does not give rise to any contract of indemnity and that the appropriate article of limitation act was article 116 and not article 83 and time began to run from the date from which the covenant .....

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Dec 18 1967 (FN)

Case-swayne Co., Inc. Vs. Sunkist Growers, Inc.

Court : US Supreme Court

Decided on : Dec-18-1967

..... themselves nor their arrangements with growers are claimed by sunkist to be capper-volstead cooperatives exempt because of that status from examination under the sherman act. also, the contracts and arrangements between the agency associations, nonexempt entities, and the exchanges and page 389 u. s. 403 sunkist, which should be treated as otherwise exempt entities, ..... cooperatives. a relatively small number, however, the so-called agency associations, are privately owned packing houses which buy and pack the fruit of those growers with whom they contract. the local associations, including the agency associations, are, in turn, organized into district exchanges which, unless agency association membership disqualifies some of them, would seem also to ..... interstate and foreign commerce, such products of persons so engaged. such associations may have marketing agencies in common, and such associations and their members may make the necessary contracts and agreements to effect such purposes: provided, however, that such associations are operated for the mutual benefit of the members thereof, as such producers, and conform ..... growers. however, about 15% of the local associations, called "agency associations," are private corporations or partnerships owning and operating packing houses for profit. they have marketing contracts with growers to handle fruit for cost plus a fixed fee. all the local associations participate in the control and policy making of sunkist. held: respondent is not .....

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Dec 18 1967 (FN)

TcherepnIn Vs. Knight

Court : US Supreme Court

Decided on : Dec-18-1967

..... treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of deposit for a security, fractional undivided interest in oil, gas, or other mineral rights, or, in general, any interest or instrument commonly known ..... is tied directly to the amount of profits city savings makes from year to year. clearly, then, the petitioners' withdrawable capital shares have the essential attributes of investment contracts as that term is used in 3(a)(10) and as it was defined in howey. [ footnote 21 ] but we need not rest our decision on that ..... participation in any profit-sharing agreement or in any oil, gas, or other mineral royalty or lease, any collateral trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of deposit, for a security, or in general, any instrument commonly known as a 'security,' or any certificate of interest or participation in ..... . of the several types of instruments designated as securities by 3(a)(10) of the 1934 act, the petitioners' shares most closely resemble investment contracts. "the test [for an investment contract] is whether the scheme involves an investment of money in a common enterprise with profits to come solely from the efforts of others." id. at .....

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Jun 12 1967 (FN)

Prima Paint Corp. Vs. Flood and ConklIn Mfg. Co.

Court : US Supreme Court

Decided on : Jun-12-1967

..... separable" and valid. and the court approves a rule which is not only contrary to state law, but contrary to the intention of the parties and to accepted principles of contract law -- a rule which indeed elevates arbitration provisions above all other contractual provisions. as the court recognizes, that result was clearly not intended by congress. finally, the court ..... from the arbitrators and to reserve them for judicial resolution. see el hoss engineer. & transport co. v. american ind. oil co., supra. we note that categories of contracts otherwise within the arbitration act but in which one of the parties characteristically has little bargaining power are expressly excluded from the reach of the act. see 1. [ footnote 10 ..... corporation, entered into what was styled a "consulting agreement," with petitioner, prima paint corporation, a maryland corporation. this agreement followed by less than three weeks the execution of a contract pursuant to which prima paint purchased f & c's paint business. the consulting agreement provided that, for a six-year period, f & c was to furnish advice and consultation ..... the agreement to arbitrate." pp. 388 u. s. 402 -404. 3. the act prescribes the manner in which federal courts are to treat questions relating to arbitration clauses in contracts which involve interstate commerce or admiralty, "subject matter over which congress plainly has power to legislate." hence, state rules allocating functions between court and arbitrator do not control. pp. .....

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Jun 12 1967 (FN)

Nlrb Vs. Allis-chalmers Mfg. Co.

Court : US Supreme Court

Decided on : Jun-12-1967

..... summers, legal limitations on union discipline, 64 harv.l.rev. 1049, 1055-1056 (1951). [ footnote 2/7 ] although the court states that congress was operating within the context of the "contract theory," i have been unable to find any reference to this theory in the legislative history, even by the opponents to curtailing union power. when senator pepper suggested that the ..... by suggesting that congress was not concerned with "the permissible means of enforcement of union fines," and that court-enforcement of fines is a necessary consequence of the "contract theory" of the union-member relationship. and then the court cautions that its holding may only apply to court enforcement of "reasonable fines." apparently the court believes that ..... of such obligations than court enforcement of penalties imposed on citizens for violation of their obligations as citizens to pay income taxes or court awards of damages against a contracting party for nonperformance of a contractual obligation voluntarily undertaken. but even if the inherent imprecision of the words "restrain or coerce" may be overlooked, recourse to legislative ..... , plants of respondent allis-chalmers manufacturing company were represented by locals of the united automobile workers. lawful economic strikes were conducted at both plants in support of new contract demands. in compliance with the uaw constitution, the strikes were called with the approval of the international union after at least two-thirds of the members of each .....

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Jun 12 1967 (FN)

Nlrb Vs. Great Dane Trailers, Inc.

Court : US Supreme Court

Decided on : Jun-12-1967

..... violation of 8(a)(3) and (1). republic aviation page 388 u. s. 36 corp. v. labor board, 324 u. s. 793 . but the contract dispute is not so frivolous as to be determined without examination, [ footnote 2/1 ] and the issue framed by the court is not properly before us. moreover ..... fifth circuit correctly analyzed the problem, and that its decision should be affirmed. the court begins by stating that vacation benefits had "accrued" under the contract, and implies that striking employees had a contractual right to such benefits which was arbitrarily disregarded by great dane in order to punish those employees for ..... may be the subject of an unfair labor practice proceeding. but when the elements of an unfair labor practice are present in a breach of contract, the injured party is not automatically deprived by 301 of his right to proceed before the board where his remedy may be speedier and less ..... been relegated either to the bargaining table or to a lawsuit under 301 of the act, [ footnote 6 ] since the basic question was one of contract interpretation and application. it noted that the company's announced policy relating to vacation pay clearly concerned a "term or condition of employment"; since it was ..... the question of whether the board would have acted improperly . . . to decide whether it was an unfair labor practice to withhold benefits due under the contract. . . ." 363 f.2d 130, 133. (emphasis in original.) page 388 u. s. 37 i think the board and the court of appeals were correct .....

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Jun 12 1967 (FN)

Berger Vs. New York

Court : US Supreme Court

Decided on : Jun-12-1967

..... to such judicial substitution. although here the court uses it to expand the scope of the fourth amendment to include words, the court has been applying the same process to contract the fifth amendment's privilege against self-incrimination so as to exclude all types of incriminating evidence but words, or what the court prefers to call "testimonial evidence." see united .....

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