National Surety Co. v. Webster Lumber Co.

Action by the National Surety Company to recover of the defendant, Webster Lumber Company, some $5,000 or $6,000. The basis of the action is the right of subrogation claimed by the plaintiff to the unused remedy of the state against the defendant, which purchased ties of the Larson Brothers Lumber Company, a corporation, which were cut by the company from state lands under a regularly issued permit and sold to the defendant, Webster Lumber Company. The Webster company paid the Larson company. The latter company did not pay the state. The plaintiff as its surety paid the state under compulsion…