Flying Tiger Line, Inc. v. Portland Trading Co.

This case began as an action for money due on an open account. Third party defendant appeals, its dis-positive assignment of error being that the circuit court lacked subject matter jurisdiction.

From May to August, 1977, The Flying Tiger Line, Inc., (plaintiff) transported merchandise for "Protege”, a division of Portland Trading Company (defendant). In October, 1977, defendant sold its "Protege” division to Western Garment Asssociates, Inc., the third party defendant, which assumed liability for any amounts due to plaintiff. However, plaintiff did not release defendant from primary liability.