Gunby v. Pilot Freight Carriers, Inc.

COZORT, Judge.

Plaintiffs brought this action to recover over $10,000 in C.O.D. charges from a carrier who failed to collect the C.O.D. *428charges from the recipient of the merchandise. Plaintiffs claimed entitlement to the C.O.D. charges as assignee of the shipper of the merchandise. After discovery was complete, the trial court granted summary judgment for plaintiffs. Defendant appeals, alleging (1) there was no valid assignment from the shipper to plaintiffs; (2) there was no evidence of a “trip lease” agreement imposing any obligations on the defendant; (3) there was no evidence that…