Magee v. T. Smith & Son, Inc.

GULOTTA, Judge.

This is an appeal from a judgment maintaining an exception of no cause or right of action. For purpose of clarity, it is necessary that some background factual information be considered.

According to the petition, Ray Magee, an employee of T. Smith & Son, Inc., was injured on December 5, 1968, while in the course of his employment. A compromise agreement was entered into by Magee with defendants, T. Smith & Son, Inc., and its insurer, Employers Commercial Union Insurance Company, in the sum of $12,500.00.

Thereafter, a check was drawn on the First National Bank of Commerce, dated…