Federal Insurance v. United Port Service Co.

In three actions based on essentially similar facts plaintiffs sue as insurers subrogated to the rights of their assureds. The form of the complaints is for breach of contract of bailment. Defendant stored goods on piers for plaintiffs’ assureds and the goods were injured or destroyed by rising waters. Suit in each instance was begun more than three years and less than six years after the incidents causing the damage. The motions are to dismiss the complaints pursuant to rule 107 of the Rules of Civil Practice, as jbeing barred by the Statute of Limitations. The question is whether the…