Brennan v. National Equitable Inv. Co

In Brennan v. National Equitable Inv. Co., 247 NY 486 (1928) the Court of Appeals affirmed the Appellate Division's reversal of the trial court's judgment entered after verdict and directed a dismissal of the complaint. The Court held that rescission was unavailable to a party seeking to rescind a contract for the purchase of stock where purchaser subsequently accepted dividends despite having knowledge of the alleged fraud.