William Savage, Inc. v. Manufacturers Trust Co.

The court below recognized that no contractual liability on the part of defendant existed due to plaintiff’s failure to renew the stop payment order. Plaintiff failed to plead a cause of action other than breach of contract but a recovery was nevertheless allowed on the theory of defendant’s negligence in paying a check 11 months after the date of issuance, on the authority of Goldberg v. Manufacturers Trust Co. (199 Misc. 167) wherein the check in question was paid more than 27 months after issuance and where there was proof, absent in the case at bar, that plaintiff was damaged to the…