Opinion
November 6, 1942.
Appeal from Dunkirk City Court.
Present — Crosby, P.J., Cunningham, Taylor, Dowling and McCurn, JJ.
Memorandum: The finding of the jury that the defendant procured the stock by fraud is not supported by the evidence. Moreover, the measure of damages adopted on the trial was not the proper one. ( Hobaica v. Byrne, 216 App. Div. 307.) All concur. (The judgment affirms a judgment of the Dunkirk City Court in favor of plaintiff in an action for damages sustained by reason of fraud and misrepresentation.)