Majority
p. 661Eugene S. Wood, Respondent, v. Portus R. Ordway, Appellant. (Argued December 10,1912; decided December 31, 1912.)
Headnote
Wood v. Ordway, 143 App. Div. 973 , affirmed.Appeal from a judgment of the Appellate Division of the Supreme Court in’ the third judicial department, entered March 15, 1911, affirming a judgment in favor of plaintiff entered upon the report of a referee in an action for services.
Clarence W. Smith for appellant.
A. C. Taylor for respondent.
Judgment affirmed, with costs, no opinion.
Concur: Cullen, Ch. J., Gray, Werner, Hiscock, Chase and Collin, JJ.; Willard Bartlett, J., dissents on the ground that the plaintiff’s books were not sufficiently proved.