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AETNA INSURANCE COMPANY v. COOPER WELLS & COMPANY

No. 12580.

234 F.2d 342 (1956)

AETNA INSURANCE COMPANY, a Connecticut corporation, Assignee and Subrogee of Holeproof Hosiery Company, a Wisconsin corporation, and Holeproof Hosiery Company, a Wisconsin corporation, Appellants, v. COOPER WELLS & COMPANY, a Michigan corporation, Appellee.

United States Court of Appeals Sixth Circuit.

June 13, 1956.

Attorney(s) appearing for the Case

Robert M. Waer, Grand Rapids, Mich., Reginald S. Johnson, Detroit, Mich., Harrington, Waer, Cary & Servaas, Grand Rapids, Mich., on brief, for appellants.

Laurence D. Smith, Grand Rapids, Mich., Paul D. Compton (of Rein, Mound & Colton), New York City, Schmidt, Smith & Howlett, Grand Rapids, Mich., on brief, for appellee.

Before SIMONS, Chief Judge, and ALLEN and MILLER, Circuit Judges.

ALLEN, Circuit Judge.

This appeal arises out of a summary judgment rendered by the District Court against appellants, plaintiffs below.1 The complaint set up an action on contract arising out of an alleged agreement for the transportation of certain merchandise, the property of plaintiff Holeproof Hosiery Company, hereinafter called "Holeproof," in defendant's motor truck from Cullman, Alabama, to Milwaukee, Wisconsin. It was alleged in...

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