
    PATE, Respondent, v. MAXWELL, Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    January 12, 1904.)
    Action by Charles J. Pate against Augustus E. Maxwell.
   PER CURIAM.

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