Fireman's Fund Insurance Co. v. Panco Forwarding, Inc.

BLACKMAR, Judge.

The plaintiff insurance company had a judgment on a jury verdict for $32,573.91 against the defendant tort-feasor, a freight forwarder, on account of a casualty loss which it had paid. The defendant raised on appeal the sole point that the suit had initially been commenced in the name of a corporation which had forfeited its charter, and that no substitution had been made until after the statute of limitations had run. The court of appeals found the point to have merit and reversed. We granted transfer. Concluding that the defendant waived the sole point asserted under the…