Motion denied, with ten dollars costs. .If the judgment on the report of the referee was reversed by the Appellate Division on questions of fact, as claimed by the respondent, which claim is apparently justified by his citations from the opinion of the court, the order fails to show it, and under section 1338 of the Code of Civil Procedure it must be presumed that the reversal was not granted for such errors, despite anything that may appear in the opinion.