Wildenberger v. Ridgewood National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Christian Wildenberger, from a judgment of the Supreme Court, entered in the office of the clerk of the county of Queens on the 28th day of January, 1918, upon the verdict of a jury in his favor for six cents rendered by direction of the court, and also from an order entered in said clerk’s office on the 22d day of January, 1918, denying his motion to set aside the verdict and for a new trial.
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Appeal by the plaintiff, Christian Wildenberger, from a judgment of the Supreme Court, entered in the office of the clerk of the county of Queens on the 28th day of January, 1918, upon the verdict of a jury in his favor for six cents rendered by direction of the court, and also from an order entered in said clerk’s office on the 22d day of January, 1918, denying his motion to set aside the verdict and for a new trial. The plaintiff, a depositor in defendant bank for about eight years, on May 10, 11 and 14, 1917, drew four checks aggregating $222.98. He had ab the time a balance in his…
1Opinion of the Court
Rich, J.:
The trial court directed a verdict for plaintiff for nominal damages, but he claims general damage which follows as a *322matter of law. He conceded he had suffered no actual damage, and he cannot be allowed punitive damages unless he can show express malice, in addition to that which the law implies from the publication of defamatory matter. (Bingham, v. Gaynor, 135 App. Div. 426.) Substantial damages can be awarded in such an action only when the bank is guilty of express or implied malice, i. e., where the bank in refusing payment acts willfully, without just cause or excuse, or with…
2Cases cited4 opinions
- Davis v. Standard National BankAppellate Division of the Supreme Court of the State of New York · 1900
- T. B. Clark Co. v. Mount Morris BankAppellate Division of the Supreme Court of the State of New York · 1903
- T.B. Clark Company v. . Mount Morris BankNew York Court of Appeals · 1905
- Bingham v. GaynorAppellate Division of the Supreme Court of the State of New York · 1909