Also known as:writings obligatory · bond · promissory note
Written by attorneys · grounded in primary & secondary sources — see below
A formal written instrument that creates a binding obligation to pay a sum of money or to perform a specified act.
Sources & Authorities· 26 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
How it applies
Common Examples
6
Nonparent Seeks Visitation Rights
Wanda Williams, a longtime family friend, petitioned for visitation with her niece after the child's parents separated. She presented a writing obligatory she had signed years earlier promising to provide financial support during family crises. The court found that a significant emotional bond existed between Wanda and the child, satisfying the statutory requirement for nonparent standing.
University Funding Dispute
Willa Whitman, a student journalist, challenged the university's denial of funding for her publication. The school had executed a writing obligatory promising neutral allocation of student fees. The court held that the university's selective denial violated the obligation's terms and ordered equal treatment for all viewpoints.
Rosenberger v. Rector and Visitors of the University of Virginia515 U.S. 819 (1995)
Eminent Domain Compensation
Winona Walsh owned a small business targeted for redevelopment. The city executed a writing obligatory to pay just compensation upon taking her property. The court upheld the taking and enforced the city's payment obligation as the measure of relief.
Berman v. Parker348 U.S. 26 (1954)
Appeal Bond Requirement
Wyatt Wilson lost a contract suit and sought to stay execution pending appeal. He posted a writing obligatory in the amount of the judgment plus costs. The court approved the bond and suspended enforcement during the appellate period.
Burlington Northern Railroad Co. v. Woods480 U.S. 1, 4–5 (1987)
Service of Process Challenge
Wanda Weaver was sued in federal court and contested the adequacy of service. The plaintiff had posted a writing obligatory guaranteeing appearance if service proved defective. The court found the bond satisfied procedural safeguards and upheld jurisdiction.
Hanna v. Plumer380 U.S. 460 (1965)
Punitive Damages Limit
William Williams obtained a large verdict that included punitive damages. The insurer posted a writing obligatory capping the award at a constitutionally permissible multiple of compensatory damages. The court enforced the bond and reduced the excess punitive amount.
State Farm Mutual Automobile Insurance Co. v. Campbell538 U.S. 408, 123 S.Ct. 1513, 155 L.Ed.2d 585 (2003)
Common questions
Frequently Asked
3
What is the legal effect of surrendering a writing obligatory to the obligor?+
Surrender of a writing obligatory with manifested intention to discharge the duty releases the obligor without consideration when the document customarily evidences the right.
Supporting sources
Does a writing obligatory require a seal to be enforceable?+
Traditional writing obligatory instruments were under seal, but modern enforcement turns on the manifested intention and delivery rather than the presence of a seal alone.
Supporting sources
How does a writing obligatory differ from a simple promissory note?+
A writing obligatory is a formal bond that creates an independent obligation, whereas a promissory note is evidence of a debt that may be transferred or enforced under commercial law rules.
Supporting sources
576 U.S. 644 (2015)Legislation and Regulation
…the legal question of same-sex marriage must be addressed. Pp. 10–15. (2) The nature of marriage is that, through its enduring bond, two persons together can find other freedoms, such as expression, intimacy, and spirituality. This is true for all persons, whatever their sexual orientation. There is dignity in the bond…