Warner v. . Lessler

33 N.Y. 296

Opinion

Held, that, as the appellant had pointed out no error in the proceedings of the court below, and the only defense set up in the answer was a general denial of the allegations in the complaint, which the referee ha,d found for the plaintiff; and as there appeared to be no error in the proceedings below, this was a proper case for imposing a penalty upon the appellant.

The judgment of the General Term was affirmed with ten per cent penalty.