Legal Opinion

T. B. Clark Co. v. Mount Morris Bank

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903PublishedCited by 7 opinions

Appeal by the plaintiff, The T. B. Clark Company, from a judgment .of the Supreme' Court in favor of the plaintiff, for nominal damages, entered in the office of the clerk of the county of New York on the 14th day of February, 1903, upon the verdict of a jury rendered by direction of the court, and also from an' order entered in said clerk’s office on the 24th day of February, 1903, denying the plaintiff’s motion for 'a new trial made upon the minutes.

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Appeal by the plaintiff, The T. B. Clark Company, from a judgment .of the Supreme' Court in favor of the plaintiff, for nominal damages, entered in the office of the clerk of the county of New York on the 14th day of February, 1903, upon the verdict of a jury rendered by direction of the court, and also from an' order entered in said clerk’s office on the 24th day of February, 1903, denying the plaintiff’s motion for 'a new trial made upon the minutes. The action is brought to recover damages claimed. to have been sustained by the plaintiff because of the defendant’s failure, to pay on…

1Opinion of the Court

- O’Brien,. J.:

■ The single question presented upon this appeal is whether or not the plaintiff upon the proof can recover.substantial damages. The appellant insists that when a depositor in á bank with sufficient funds draws checks or notes on such bank, which are refused payment on the ground that the depositor has no funds, the depositor, in an action brought against the bank, is not limited to the actual pecuniary damage alleged' and proved, bat in addition is entitled to recover, general or substantial damages.

Here the plaintiff neither alleged nor proved any special damage, but insists…

2Cases cited2 opinions

  1. Davis v. Standard National BankAppellate Division of the Supreme Court of the State of New York · 1900
  2. Burroughs v. Tradesmen's Nat. BankNew York Supreme Court · 1895

3Cited by7 opinions

  1. Wildenberger v. Ridgewood National BankNew York Court of Appeals · 1921
  2. Katz v. Pacific BankAppellate Division of the Supreme Court of the State of New York · 1925
  3. Lajam v. Abraham Sahdala & Son Corp.Appellate Division of the Supreme Court of the State of New York · 1918
  4. Stella Flour & Feed Corp. v. National City BankAppellate Division of the Supreme Court of the State of New York · 1954
  5. Wildenberger v. Ridgewood National BankAppellate Division of the Supreme Court of the State of New York · 1919

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