Union Trust Co. v. Lessovitz

MAUCK, PJ.

The plaintiff’s claim of subrogation is two-fold. First, it claims by conventional subrogation, that is subrogation by contract, express or implied. Second, it claims legal subrogation, independent of contract.

We find no evidence of an express contract for subrogation. As to subrogation by implied contract and legal subrogation, the distinction seems to us shadowy. What the difference whether we say that the law implies from certain circumstances a contract of subrogation or that the circumstances are such that the law endows the party'with a right of subrogation? Whether it be…