28 N.Y.S. 540 | New York Court of Common Pleas | 1894
This action is brought to recover damages for the breach of a contract of bailment, the subject of the action being 140 shares of stock of the American Telegraph & Cable Company,
The loss to the plaintiff of the dividends declared upon these certificates between the date of the deposit and the time of the demand was properly included in computing the damages, such loss being a direct and necessary result of this breach of contract. “The broad general rule in such cases is that the party injured is entitled to recover all his damages, including gains prevented as well as losses sustained; and this rule is subject to but two considerations: The damages must be such as may fairly be supposed to have entered into the contemplation of the parties when they made the contract, and must be such as might naturally be expected to follow its violation; and they must be certain, both in their nature and in respect to the cause from which they proceed.” Griffin v. Colver, 16 N. Y. 494. This case is clearly within the rule, and the fact that neither the defendants nor Stout is shown to have obtained the benefit of such dividends cannot affect the question. It is the plaintiff’s loss which forms the basis of recovery. The judgment is affirmed, with costs