Triton Insurance Company v. Garner

*263KEITH, Justice.

Triton Insurance Company (hereinafter “Triton”) sued Garner to recover the amount which it had paid to its assured, Williams, because of damages sustained by Williams when he was involved in a collision with Garner. In a non-jury trial, the court entered judgment for the defendant upon his plea of release and this appeal follows. Defendant has not favored us with a brief so we invoke the provisions of Texas Rules of Civil Procedure, rule 419.

The accident occurred on December 26, 1967, and on January 18, 1968, Triton paid to Williams $1,131.96, and became subro-gated to his…