New York Supreme Court, 1890

Dike v. Kilbourn

Dike v. Kilbourn
New York Supreme Court · Decided September 20, 1890
11 N.Y.S. 944; 32 N.Y. St. Rep. 1135; 1890 N.Y. Misc. LEXIS 2482 (New York Supplement)
Dike v. Kilbourn

Opinion of the Court

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.

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