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.