Stanley Trucking Co. v. National Indemnity Co.

Sheran, Justice.

Appeal from an order of the district court denying defendant’s motion for judgment notwithstanding the verdict or for a new trial.

Action was instituted by Stanley Trucking Company, Inc., against National Indemnity Company to recover $8,750 which defendant had promised and agreed to pay plaintiff in settlement of a claim for loss due to the theft and destruction of a tractor-trailer unit. Defendant acknowledged the existence of a policy of insurance under which it would ordinarily be liable for the loss but contended that there was no *312consideration for its promise to pay the…