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GUNBY v. PILOT FREIGHT CARRIERS, INC.

No. 8521DC1271.

346 S.E.2d 188 (1986)

William W. GUNBY and J.E. Gunby v. PILOT FREIGHT CARRIERS, INC., a North Carolina Corporation.

Court of Appeals of North Carolina.

August 5, 1986.

Attorney(s) appearing for the Case

Pfefferkorn, Pishko & Elliot by David C. Pishko, Winston-Salem, for plaintiffs-appellees.

Bell, Davis & Pitt by Joseph T. Carruthers, Winston-Salem, for defendant-appellant.

COZORT, Judge.

Plaintiffs brought this action to recover over $10,000 in C.O.D. charges from a carrier who failed to collect the C.O.D. charges from the recipient of the merchandise. Plaintiffs claimed entitlement to the C.O.D. charges as assignee of the shipper of the merchandise. After discovery was complete, the trial court granted summary judgment for plaintiffs. Defendant appeals, alleging (1) there was no valid assignment from the shipper to plaintiffs; (2)...

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