Gracey v. Campbell

Judgment reversed on the law, with costs, and complaint dismissed, with costs, upon the ground that the evidence conclusively shows that the plaintiff acquiesced in the transaction as a matter of law. Lazansky, P. J., Kapper, Scudder and Tompkins, JJ., concur; Young, J., dissents, being of opinion that the question of acquiescence on the part of the plaintiff of the sale of the stock was a question of fact and, as such, was properly submitted to the jury by the trial court.