Mencher v. Weiss’s Empirical Analysis
1953
Citation profile
33 federal appellate · 10 district · 44 state decisions
How this case has been cited
Cited by 165 later decisions — most recently June 2020 · most notably United States v. The Montreal Trust Company, and Tillie v. Lechtzier, Executors of the Estateof Isidor J. Klein, Deceased (1966), BROWN BROS. v. Beam Constr. (1977)
33 federal appellate · 10 district · 44 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on National City Bank v. Hotchkiss · Pimpinello v. Swift & Co. · Hotchkiss v. National City Bank of New York · Amend v. Hurley · Ernst v. Mechanics' & Metals Nat. Bank of New York
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 165 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Under New York law, an agent who signs an agreement on behalf of a disclosed principal will not be individually bound to the terms of the agreement 'unless there is clear and explicit evidence of the agent's intention to substitute or superadd his personal liability for, or to, that of his principal.'”
5 later decisions quote this exact passage““A contract has, strictly speaking, nothing to do with the personal, or individual, intent of the parties. A contract is an obligation attached by mere force of law to certain acts of the parties, usually words, which ordinarily accompany and represent a known intent. If, however, it were provéd by twenty bishops that either party, when he used the words, intended something else than the usual meaning which the law imposes upon them, he would still be held, unless there were some mutual mistake, or something else of the sort.””
2 later decisions quote this exact passage“[T]he manifestation of a party's intention rather than the actual or real intention is ordinarily controlling.”)); see also Hanley v. Sevilla Restaurant & Bar, No. 96 Civ. 3193(LAK), 1997 WL 30954 , at (S.D.N.Y. Jan.24, 1997) (”
2 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.