Honey v. Davis

(concurring) — I concur in the result the *223majority reaches, but I reach that result by an entirely different approach.

Subrogation in suretyship is of ancient lineage. Its roots extend to Roman law. Saul Litvinoff, Subrogation, 50 La. L. Rev. 1143, 1149 (1990); Allied Fidelity Ins. Co. v. Environmental Quality Council, 753 P.2d 1038, 1041 (Wyo. 1988). "It came to us through the civil law, and it was from the civil law that the courts of chancery derived both the term and doctrine.” 73 Am. Jur. 2d Subrogation § 5, at 602 (1974). Justice Black stated the principle in Pearlman v. Reliance Ins.…