Triton Insurance Company v. Garner

460 S.W.2d 262 (1970)

TRITON INSURANCE COMPANY, Appellant,

v.

Roger Dale GARNER, Appellee.

No. 7186.

Court of Civil Appeals of Texas, Beaumont.

November 12, 1970.

Rehearing Denied December 10, 1970.

Ronny B. Baxter, Orange, for appellant.

Louis Dugas, Jr., Orange, for appellee.

KEITH, Justice.

Triton Insurance Company (hereinafter "Triton") sued Garner to recover the amount which it had paid to its assured, Williams, because of damages sustained by Williams when he was involved in a collision with Garner. In a non-jury trial, the court entered judgment for the defendant upon his plea of release and this…