Duncan v. Judge

This is an action by one tort-feasor and his insurer against another tort-feasor for indemnity. Plaintiffs sought to recover amounts paid by them in settlement of judgments recovered against, both tort-feasors by third' parties for personal injuries resulting from an automobile collision. The trial court entered judgment dismissing the action, and plaintiffs have appealed.

The court records in the original litigation (herein called the tort cases) were admitted as exhibits in this case and constitute the sole evidence as to the legal relationship between the tort-feasors.

The tort cases arose…