Merchants Fire Assurance Corp. of New York v. Retail Credit Co.

These are appeals in two cases between the same parties. The first action was dismissed after a separate trial on the statute of limitations. The second action resulted in an interlocutory judgment of abatement because of the pendency of the other action. Plaintiff has appealed from both judgments.

The First Appeal

The following facts were assumed to be true for the purpose of the special trial:

Plaintiff is in the business of insuring property against various kinds of physical damage. Defendant is in the business of furnishing information, for a price, to insurance companies, among others. On…