Kennedy-Ingalls Corp. v. Meissner

The two questions presented on this appeal are: (1) Do the facts as pleaded in Smith’s proposed complaint and in Kennedy-Ingalls’ amended complaint establish that *104Smith has been subrogated to part of Kennedy-Ingalls’ cause of action against the defendants ?(2) If the foregoing question be answered in the affirmative, is Smith entitled as a matter of right, and not discretion, to intervene in the action instituted by Kennedy-Ingalls against the defendants?

In passing on the issue of subrogation, which Smith contends arose out of the compromise settlement of the prior James action, it is…