Plaintiff moves pursuant to subdivision 4, 5 and 6 of rule 109 of the Civil Practice Act dismissing the first affirmative defense and counterclaim contained in the answer of the interpleaded defendant upon the grounds that they may not be properly interposed in this action; or, in the alternative, the defense and counterclaim are insufficient.
The insured vessel became a total loss. Defendant had insured the owner, the interpleaded...
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