McCarthy Freight System, Inc. v. Durand

This bill in equity is brought by the complainant for subrogation and for reimbursement. The cause is before us upon the complainant’s appeal from a decree entered in the superior court sustaining the respondent’s substantial demurrer to the bill of complaint.

Although the bill of complaint contains many allegations under different and perhaps alternative titles, it seeks only one ultimate relief. It prays for reimbursement of the complainant by the respondent for expenditures made by the former in settling, without trial, certain claims of members of the public. These claimants suffered…