Commerce Trust Co. v. Katz Drug Co.

This is an appeal by Commerce Trust Company from a judgment against it ($4,636.31 and costs) in favor of Katz Drug Company on its cross-claim for indemnity of amounts it paid on the settlement of the claim of Ella Brown for personal injuries sustained by her in a fall on a sidewalk abutting Commerce’s garage. Commerce asks not only that the judgment against it be reversed but that the case be remanded for entry of a judgment on its own cross-claim against Katz on an indemnity theory claimed to have arisen out of a lease agreement between it and Katz. Trial was to the court without a jury.

Mrs.…