Wahrman v. Bronx County Trust Co.

We are of opinion that the complaint sufficiently alleges a cause of action for damages resulting from the defendant’s ■willful refusal to honor the plaintiff’s check. Such a refusal would entitle the jury to award general damages. (Wildenberger v. Ridgewood National Bank, 230 N. Y. 425.) In order to recover, however, for the special damages alleged in those paragraphs of the complaint which the defendant has moved to strike out as immaterial it is necessary for the plaintiff to allege and establish that the defendant had actual or constructive knowledge of the consequences reasonably to be…