106 Misc. 247 | N.Y. Sup. Ct. | 1919
Plaintiff claims to have hired a derrick or boat from the defendant, defendant agreeing that it was, or would be, insured for plaintiff’s benefit; that the boat was injured while in plaintiff’s possession and they were obliged to pay for the same. The boat was not insured, and by reason thereof plaintiff was unprotected by insurance and suffered damages. The answer denies the contract to insure and as an affirmative defense alleges as res adjudicata the decree of the
Ordered accordingly.