Ebenezer B. Cobb, Appellant v. Samuel A. Hatfield and Elijah P. Fenton, Respondents

Summary

The New York Court of Appeals affirmed the lower court's order granting a new trial and entered judgment absolute for the defendants. It held that the plaintiff, having received the stock certificate after learning of the fraud, ratified the contract and therefore could not rescind without returning the certificate. The Court also clarified that appeals from orders granting new trials with a stipulation for judgment absolute are only proper when the sole issue on the record determines the merits of the case.