Midwest Mutual Insurance v. Fireman's Fund Insurance

Bussey, Justice:

In this action the plaintiff-appellant, Midwest, seeks to recover contribution from defendant-respondent, Fireman’s, in the sum of $1,500.00, such being one-half of the amount paid by Midwest to one Stephen W. Towles, in settlement of an uninsured motorist claim. Fireman’s demurred to the complaint of Midwest and answered, denying any liability. Such demurrer was argued and at the same time the cause was tried by the court on an agreed stipulation of facts. The trial judge overruled the demurrer but decreed judgment for Fireman’s on a single ground, hereinafter discussed, and…