Gracey v. Campbell

Appellate Division of the Supreme Court of New York

Gracey v. Campbell

234 A.D. 889

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 15, 1931

StatusPublished

This text of 234 A.D. 889 (Gracey v. Campbell) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gracey v. Campbell, 234 A.D. 889 (N.Y. Ct. App. 1931).

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Opinion

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.

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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.

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Bluebook (online)

234 A.D. 889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gracey-v-campbell-nyappdiv-1931.