Travelers Insurance v. Allstate Insurance

Littlejohn, Justice.

The circuit judge sustained the respondents’ demurrer to the complaint of the appellant, and dismissed the action. The ground of the demurrer is that the complaint does not state facts sufficient to constitute a cause of action in that one tort-feasor is seeking contribution from another tortfeasor on a judgment rendered against both. This court is now asked to review and reverse the order of the lower court.

The relevant allegations of the complaint, which must be accepted as true for the purpose of the demurrer, are in essence as follows:

That Robert M. Gray procured a…