Johnson & Schultz Agents-Brokers, Inc. v. Overnite Transportation Co.

Evans, Judge.

Overnite Transportation Company filed suit against Johnson & Schultz Agents-Brokers, Inc., and Westchester Fire Insurance Company, which suit was later amended to add a third defendant, to wit, Hilton F. Johnson.

The thrust of the complaint was that while plaintiff held certain money in its possession to which it was entitled by reason of its dealings with a third party, Consolidated Truck Loading Contractors, Inc., the defendants induced plaintiff to release the money to said third party, through its oral and written guaranty to pay plaintiff any loss suffered thereafter through…