
    DANIEL AVERY, Administrator, etc., Appellant, v. MALACHI FOLEY, Respondent.
    Referee.
    Ho exception lies to the refusal of a referee to find the particulars which go to make up his general conclusions of fact.
    It is erroneous for a referee to find the evidence of facts instead of the facts themselves. (Beck v. Sheldon, 48 N. Y., 369.)
    
      Appeal from a judgment in favor of the defendant, entered upon the report of a referee. ^ •
    
      H. A. Maynard, for the appellant.
    
      James Lyon, for the respondent.
   Opinion by

Gilbert, J.

Judgment reversed and new trial granted before another referee, costs to abide event.  