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Dike v. Kilbourn

11 N.Y.S. 944 Court N.Y. Gen. Term Decision date 1890-09-20 English

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p. 944
Dike, Appellant, v. Kilbourn, Respondent.
(Supreme Court, General Term, Fourth Department.
September 20, 1890.)

No opinion. Judgment and order reversed on the exceptions, and a new trial ordered, with costs to abide the event. Held, that it was a question of fact for the jury whether defendant obtained or held possession of the premises in question Under or by virtue of any valid agreement with the plaintiff; and, also whether the agreement or consent were invalid by reason of fraud, want of capacity in plaintiff, or want of delivery or consideration therefor.