1000 LLC v. Calogero

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• mere creation of debtor/creditor relationship through checking account does not satisfy requirement of establishing specific and identifiable property
• the exception occurs ‘“only where the contract creates a relation out of which springs a duty, independent of the contract obligation, and that independent duty is also violated’ ”
• “a tort may accompany a breach of contract, but only where the contract creates a relation out of which springs a duty, independent of the contract obligation, and that independent duty is also violated”
• “Abstractly, a tort may accompany a breach of contract, but only where the contract creates a relation out of which springs a duty, independent of the contract obligation, and that independent duty is also violated.”
• “Abstractly, a tort may accompany a breach of contract, but only where the contract creates a relation out of which springs a duty, independent of the contract obligation, and that independent duty is also violated”
• no implied duty owed to debtor from bank

Source: CourtListener parenthetical corpus (CC0).