Pate v. Maxwell

85 N.Y.S. 1139 Court N.Y. App. Div. Decision date 1904-01-12 English

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p. 1139

PATE, Respondent, v. MAXWELL, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

January 12, 1904.)

Headnote

Action by Charles J. Pate against Augustus E. Maxwell.

Judgment affirmed, with costs. Seld that, it not appearing that the ease

p. 1140

upon appeal contains all the evidence and proceedings upon the trial, it must be assumed that there is sufficient evidence to sustain' the findings o£ the referee.