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Dike v. Kilbourn

32 N.Y. St. Rep. 1135 Court N.Y. Gen. Term Decision date 1890-09-20 English

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Majority

p. 1135
Eliza Dike, App’lt, v. William K. Kilbourn, Resp’t.

Judgment and order reversed on the exceptions, and a new trial ordered, with costs to abide the event. Reid, 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.