Calhoun v. West End Brewing Co.

Motion to strike out a defense contained in the answer, as insufficient in law (Rules Civ. Prac. rule 109, subd. 6).

The defense in question alleges that Royal Indemnity Company was the compensation insurance carrier covering Airway *424Painting and Decorating Company, the employer of plaintiff, that the expenses for medical treatment referred to in the complaint were paid by Royal Indemnity Company and, because of the provisions of section 13 of the Workmen’s Compensation Law, the cause of action to recover the amounts so paid for medical treatment belongs to Royal Indemnity Company.

Plaintiff…