Opinion
March, 1933.
Appeal from Supreme Court, New York County.
Present — Finch, P.J., Martin, O'Malley, Sherman and Townley, JJ.; Finch, P.J., and Sherman, J., dissent and vote for reversal and a new trial.
The action is upon a marine insurance policy coverage on a cargo of pig lead shipped from Newark, N.J., to Bridgeport, Conn., aboard the barge New Haven.
Judgment affirmed, with costs. No opinion.
The issue presented at the trial of this case was not, in my opinion, either actually or necessarily determined in the prior suit in the United States District Court. Hence the defense of res judicata should not have prevailed. The judgment accordingly should be reversed and a new trial ordered. Finch, P.J., concurs.
See Merritt-Chapman Scott Corp. v. Marine Transit Corp. (U.S.D.C.E.D. N.Y., not reported). — [REP.