Allen-Wright Furniture Co. v. Hines
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Chas. P. McCarthy, Judge. Action for damages. Judgment for plaintiff. Defendant appeals. Subrogation was never intended for the relief of those who were at liberty to elect whether they would or would not be bound, and cannot be invoked by a volunteer who, without being legally bound, pays the debt of another. (Aetna Life Ins. Co. v. Town of Hiddleport, 124 U. S. 534, 8 Sup.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Chas. P. McCarthy, Judge. Action for damages. Judgment for plaintiff. Defendant appeals. Subrogation was never intended for the relief of those who were at liberty to elect whether they would or would not be bound, and cannot be invoked by a volunteer who, without being legally bound, pays the debt of another. (Aetna Life Ins. Co. v. Town of Hiddleport, 124 U. S. 534, 8 Sup. Ct. 625, 31 L. ed. 537; 25 R. C. L. 1324; Pensacola State Bank v. Thornberry, 226 Fed. 611, 618, 141 C. C. A. 367; Prairie State National…
1Opinion of the CourtDunn, J.
This action was brought by respondents Allen-Wright Furniture Company and eight insurance companies to recover from appellant Walker D. Hines, Director General of Railroads of the United States, as damages the suni of $29,372.71, alleged to be the value of a warehouse and contents which said respondents claimed were destroyed by fire due to the negligence of the said appellant on August 13, 1918.
The complaint alleges, and it is admitted by the answer, that said warehouse was situated in the western part of Boise near the main line of the Oregon Short Line Railroad running from Boise to Nampa,…
2Cases cited8 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- St. Louis, Iron Mountain & Southern Railway Co. v. Commercial Union InsuranceSupreme Court of the United States · 1891
- Wager v. Providence InsuranceSupreme Court of the United States · 1893
- LeRoy Fibre Co. v. Chicago, Milwaukee & St. Paul RailwaySupreme Court of the United States · 1914
- Texas & Pacific Railway Co. v. WatsonSupreme Court of the United States · 1903
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