Hotchkiss V National City Bank Of New York
   HOME

TheInfoList



Click Here for Items Related To - Hotchkiss V National City Bank Of New York
OR:
Hotchkiss V National City Bank Of New York on:   [Wikipedia]   [Google]   [Amazon]

Hotchkiss v. National City Bank of N.Y., 200 F. 287, 293 (S.D.N.Y. 1911) was a landmark case in
contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...
law articulating the Objective Theory of Contracts and dealing with the meaning of a promise in a contract. To wit,
Judge Learned Hand Billings Learned Hand ( ; January 27, 1872 – August 18, 1961) was an American jurist, lawyer, and judicial philosopher. He served as a federal trial judge on the U.S. District Court for the Southern District of New York from 1909 to 1924 a ...
opined: "A contract has, strictly speaking, nothing to do with the personal, or individual, intent of the parties. A contract is an obligation attached by the mere force of law to certain acts of the parties, usually words, which ordinarily accompany and represent a known intent. If, however, it were proved by twenty bishops that either party when he used the words intended something else than the usual meaning which the law imposes on them, he would still be held, unless there were mutual mistake or something else of the sort."


See also

*
Lucy v. Zehmer ''Lucy v. Zehmer'', 196 Va. 493; 84 S.E.2d 516 (1954) was a court case in the Supreme Court of Virginia about the enforceability of a contract based on outward appearance of the agreement. It is commonly taught in first-year contract law classe ...
*
Judge Learned Hand Billings Learned Hand ( ; January 27, 1872 – August 18, 1961) was an American jurist, lawyer, and judicial philosopher. He served as a federal trial judge on the U.S. District Court for the Southern District of New York from 1909 to 1924 a ...
*
Contracts A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...
* Smith v. Hughes


External links and sources


WordPress.com: Briefs for Contracts with JJ White
United States contract case law United States District Court for the Southern District of New York cases 1911 in United States case law United States District Court case articles without infoboxes {{US-case-law-stub