Us Supreme Court Court April 1944 Judgments
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Great Northern Life Ins. Co. Vs. Read
Court: US Supreme Court
Decided on: Apr-24-1944
Great Northern Life Ins. Co. v. Read - 322 U.S. 47 (1944) U.S. Supreme Court Great Northern Life Ins. Co. v. Read, 322 U.S. 47 (1944) Great Northern Life Insurance Co. v. Read No. 235 Argued January 31, 1944 Decided April 24, 1944 322 U.S. 47 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus 1. On review by certiorari of a judgment of the Circuit Court of Appeals, the respondent may urge in support of the judgment a contention which was sustained by the District Court. P. 322 U. S. 49 . 2. A foreign insurance company brought suit in the federal district court of Oklahoma against the Insurance Commissioner of Oklahoma, to recover payments made to him pursuant to a state statute which levied a tax of four percent on premiums received by foreign insurance companies in the State. Section 12665, Oklahoma Statutes of 1931, prescribed a judicial procedure for recovery of money wrongfully collected as taxes. Held: (1) The suit was a suit against the Sta...
United States Vs. Ballard
Court: US Supreme Court
Decided on: Apr-24-1944
United States v. Ballard - 322 U.S. 78 (1944) U.S. Supreme Court United States v. Ballard, 322 U.S. 78 (1944) United States v. Ballard No. 472 Argued March 3, 6, 1944 Decided April 24, 1944 322 U.S. 78 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Upon an indictment charging use of the mails to defraud, and conspiracy so to do, respondents were convicted in the District Court. The indictment charged a scheme to defraud through representations -- involving respondents' religious doctrines or beliefs -- which were alleged to be false and known by the respondents to be false. Holding that the District Court had restricted the jury to the issue of respondents' good faith and that this was error, the Circuit Court of Appeals reversed and granted a new trial. Held: 1. The only issue submitted to the jury by the District Court was whether respondents believed the representations to be true. P. 322 U. S. 84 . 2. Respondents did not acquiesce in the ...
The Anaconda Vs. American Sugar Refining Co.
Court: US Supreme Court
Decided on: Apr-24-1944
The Anaconda v. American Sugar Refining Co. - 322 U.S. 42 (1944) U.S. Supreme Court The Anaconda v. American Sugar Refining Co., 322 U.S. 42 (1944) The Anaconda v. American Sugar Refining Co. No. 649 Argued March 29, 1944 Decided April 24, 1944 322 U.S. 42 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus The parties to an agreement for arbitration of disputes arising out of a charter party cannot, by stipulation, make unavailable the right of the aggrieved party under 8 of the United States Arbitration Act to begin his proceeding by "libel and seizure of the vessel . . . according to the usual course of admiralty proceedings." P. 322 U. S. 46 . 138 F.2d 765 affirmed. Certiorari, 321 U.S. 758, to review the reversal of a judgment, 48 F.Supp. 385, dismissing a libel in admiralty. Page 322 U. S. 43 MR. JUSTICE ROBERTS delivered the opinion of the Court. We granted certiorari because this case poses an important question arising under the United...
Southern Railway Co. Vs. United States
Court: US Supreme Court
Decided on: Apr-24-1944
Southern Railway Co. v. United States - 322 U.S. 72 (1944) U.S. Supreme Court Southern Railway Co. v. United States, 322 U.S. 72 (1944) Southern Railway Co. v. United States No. 578 Argued March 28, 29, 1944 Decided April 24, 1944 322 U.S. 72 CERTIORARI TO THE COURT OF CLAIMS Syllabus Under a land grant equalization agreement whereby a nonland grant carrier agreed to accept for the transportation of Government property, "the lowest net rates lawfully available" over land grant routes, the Government is entitled to the lowest rate which it could have obtained over any land grant route, however circuitous, which could have been used. P. 322 U. S. 76 . 100 Ct.Cls. 175 affirmed. Certiorari, 321 U.S. 758, to review a judgment denying recovery in a suit by the railroad company upon a land grant equalization agreement. MR. JUSTICE DOUGLAS delivered the opinion of the Court. In 1933, petitioner, a common carrier, entered into a "Freight-Land grant Equalization Agreement" with ...
United States Vs. Mitchell
Court: US Supreme Court
Decided on: Apr-24-1944
United States v. Mitchell - 322 U.S. 65 (1944) U.S. Supreme Court United States v. Mitchell, 322 U.S. 65 (1944) United States v. Mitchell Nos. 514 and 515 Argued March 27, 1944 Decided April 24, 1944 322 U.S. 65 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA Syllabus 1. Promptly and spontaneously after a housebreaking suspect had been taken into custody by police officers and had arrived at the police station, he admitted his guilt and consented to the officers' recovering stolen property from his home. Held that the admission of guilt and the property thus recovered were admissible in evidence in a criminal prosecution in a federal court, and that the admissibility of the evidence was not affected by the subsequent illegal detention of the suspect for eight days before arraignment. McNabb v. United States, 318 U. S. 332 , distinguished. P. 322 U. S. 69 . 2. The power of this Court to establish rules governing the admissibility of evid...
Clifford F. Macevoy Co. Vs. United States
Court: US Supreme Court
Decided on: Apr-24-1944
Clifford F. MacEvoy Co. v. United States - 322 U.S. 102 (1944) U.S. Supreme Court Clifford F. MacEvoy Co. v. United States, 322 U.S. 102 (1944) Clifford F. MacEvoy Co. v. United States No. 483 Argued March 7, 1944 Decided April 24, 1944 322 U.S. 102 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus 1. Where A sold materials to B, who merely sold them to a contractor for use on a Government project, A is not entitled to recover upon a payment bond furnished by the contractor pursuant to the Miller Act. P. 322 U. S. 104 . 2. The term "subcontractor" in the proviso of 2(a) of the Miller Act -- "any person having direct contractual relationship with a subcontractor but no contractual relationship express or implied with the contractor furnishing said payment bond shall have a right of action upon said payment bond" -- does not include a materialman who merely sells materials to the contractor. P. 322 U. S. 108 . 3. The salutary policy of the Mil...
United States Vs. American Surety Co.
Court: US Supreme Court
Decided on: Apr-24-1944
United States v. American Surety Co. - 322 U.S. 96 (1944) U.S. Supreme Court United States v. American Surety Co., 322 U.S. 96 (1944) United States v. American Surety Co. No. 381 Argued March 27, 28, 1944 Decided April 24, 1944 322 U.S. 96 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus 1. Under the Government construction contract here involved, the Government was not entitled to recover liquidated damages for delay in completion where, though subsequently to the specified completion date, the Government terminated the contractor's right to proceed. P. 322 U. S. 100 . 2. A Government construction contract may validly provide for liquidated damages in limited situations only. Act of June 6, 1902, 21. P. 322 U. S. 101 . 136 F.2d 437 affirmed. Certiorari, 320 U.S. 729, to review a judgment which reversed in part a Judgment for the United States in a suit upon a construction contract, 44 F.Supp. 871. MR. JUSTICE MURPHY delivered the opinion o...
Nlrb Vs. Hearst Publications, Inc.
Court: US Supreme Court
Decided on: Apr-24-1944
NLRB v. Hearst Publications, Inc. - 322 U.S. 111 (1944) U.S. Supreme Court NLRB v. Hearst Publications, Inc., 322 U.S. 111 (1944) Labor Board v. Hearst Publications, Inc. No. 336 Argued February 8, 9, 1944 Decided April 24, 1944 * 322 U.S. 111 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus 1. The meaning of the term "employee" in the National Labor Relations Act is to be determined not exclusively by reference to common law standards, local law, or legal classifications made for other purposes, but with regard also to the history, context and purposes Page 322 U. S. 112 of the Act and to the economic facts of the particular relationship. Pp. 322 U. S. 120 , 322 U. S. 129 . 2. The determination of the National Labor Relations Board that, in the circumstances of the case, a person is an "employee" under the National Labor Relations Act, may not be set aside on review if it has warrant in the record and a reasonable basis in law. P. 322 U. S....
Medo Photo Supply Corp. Vs. Labor Board
Court: US Supreme Court
Decided on: Apr-10-1944
Medo Photo Supply Corp. v. Labor Board - 321 U.S. 678 (1944) U.S. Supreme Court Medo Photo Supply Corp. v. Labor Board, 321 U.S. 678 (1944) Medo Photo Supply Corp. v. Labor Board No. 265 Argued March 2, 1944 Decided April 10, 1944 321 U.S. 678 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Petitioner recognized a labor union as the bargaining representative of its employees. At their request and upon their statement that they were dissatisfied with the union and would abandon it if their wages were increased, petitioner negotiated with them without the intervention of the union, granted the requested increase in wages, and thereafter refused to recognize or bargain with the union. Held: that the Labor Board properly determined that petitioner's negotiations with its employees, its payment of increased wages, and its refusal to bargain with the union constituted unfair labor practices in violation of 8(1) and (5) of the National Labor Relations...
United States Vs. Blair
Court: US Supreme Court
Decided on: Apr-10-1944
United States v. Blair - 321 U.S. 730 (1944) U.S. Supreme Court United States v. Blair, 321 U.S. 730 (1944) United States v. Blair No. 75 Argued February 1, 1944 Decided April 10, 1944 321 U.S. 730 CERTIORARI TO THE COURT OF CLAIMS Syllabus 1. The Government construction contract here involved imposed no duty on the Government to take affirmative steps to prevent a contractor from unreasonably delaying or interfering with the attempt of another contractor to complete construction in advance of the time specified, and the Government was not liable for damages for such delay. P. 321 U. S. 733 . The fact that, after the execution of the contract, the contractor gave notice to all other parties of his intention to finish ahead of schedule does not alter the obligation of the Government. 2. An award of damages by the Court of Claims against the Government on items which were the subject of "disputes concerning questions arising under this contract" -- though the actions of th...
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