Appellate Division of the Supreme Court of the State of New York January 24, 1941 (Murray Oil Products Co. v. Hanover Fire Insurance)

Per Curiam.

The fourth and sixth affirmative defenses should not have been stricken out. In answer to the claim of plaintiff that the amount sued for was paid under protest, the defendant has attempted to show by these defenses that the money advanced by plaintiff for the increased premiums was paid voluntarily and without objection or protest and that there was no mistake of the parties which