Graetz v. Smith

Judgment unanimously reversed upon the law and new trial granted, with thirty dollars costs to appellant to abide the event.

Plaintiff’s proof established that the purchase of the stock was induced by the false statement of the defendant. Upon the argument of the appeal, respondent’s counsel conceded that a prima jade case of fraud was established, though in his brief, submitted later, he maintained the contrary. Plaintiff did not seek rescission. She kept her stock and sought to recover her damages. This she had the right to do. (Turner Lumber Co. v. Lacey, 199 App. Div. 534, 536.) Her…