
    Katz v. Koster.
    (New York Superior Court—General Term,
    December, 1893.)
    A statement in a case on appeal that “the foregoing presents all the evidence bearing upon the extent of the plaintiff’s damages” is not equivalent to the statement that “the case contains all the evidence,” called for by the rule, and does not authorize the appellate court to review alleged errors of fact.
    Appeal from a judgment entered on verdict of a jury, and from order denying plaintiff’s motion for a new trial.
    
      Leopold Leo, for plaintiff (appellant).
    
      Johnston & Johnston (Edward W. S. Johnston, of counsel), for defendant (respondent).
   Gildersleeve, J.

This is an appeal from a judgment in favor of the defendant and against the plaintiff for the sum of $110.95, costs, entered on the verdict of a jury in favor of the plaintiff and against tfie defendant for the sum of six cents damages. The action is brought upoh a warranty contained in a bill of sale of a horse. The case was properly submitted to the jury by the learned trial judge in a charge to which no exception was taken, and the jury brought in a verdict for nominal damages.

The statement contained in the case, to wit, “ The foregoing presents all the evidence bearing upon the extent of the plaintiff’s damages,” is not equivalent to the statement required, that the case contains all the evidence.” See Hyman v. Friedman, 45 N. Y. St. Repr. 636 ; Guion v. Mundy, Id. 667; Upington v. Pooler, 47 id. 30. Inasmuch as there are no exceptions presented to us for review, the appeal rests entirely upon issues of fact; and, as the statement herein is not equivalent ■to the .one called for hy the rule, the General Term will not review these alleged errors of fact. For aught that appears to the contrary there may have been other evidence which told largely for the defendant, and justified the verdict of the j™7-

For the reasons above stated, we do not feel warranted in disturbing the determination of the jury. The judgment and order appealed from must be affirmed, with costs.

Fbeedman, J., concurs.

Judgment and order affirmed, with costs.,  