
    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.  