Legal Opinion
Bond Street Knitters, Inc. v. Peninsula National Bank
Appellate Division of the Supreme Court of the State of New York
Decided July 2, 1943PublishedCited by 3 opinions
1Per curiam
The law is well settled that upon a breach of contract to loan money the recovery is only nqminal unless special damage is shown. “ The prospective borrower, however, may recover the special damage which an inability to obtain the money, under the peculiar circumstance of his case, has actually caused him.” (Avalon Constr. Corp. v. Kirch Holding Co., 256 N. Y. 137, 141, 142; see, also, 2 Sedgwick on Damages [9th ed.] § 622; 5 Williston on Contracts, rev. ed. § 1411.)
In rendering a verdict of $20,000 for plaintiff, the jury undoubtedly entertained an erroneous view that general damages were…
2Cases cited4 opinions
- Avalon Construction Corp. v. Kirch Holding Co.New York Court of Appeals · 1931
- Van Der Harst v. KoenigAppellate Division of the Supreme Court of the State of New York · 1936
- Amory v. Washington Steamboat Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Nocero v. DenittoAppellate Division of the Supreme Court of the State of New York · 1925
3Cited by3 opinions
- Pipkin v. Thomas & Hill, Inc.Supreme Court of North Carolina · 1979
- Zelazny v. Pilgrim Funding Corp.Nassau County District Court · 1963
- Abbey Rent A Car, Inc. v. MooreAppellate Division of the Supreme Court of the State of New York · 1968