Legal Opinion · Dissent

Manufacturers Casualty Insurance v. Wilhelm

Supreme Court of Arkansas

Decided October 26, 1959No. 5-1886Published

1DissentEd. F. McFaddin, Associate Justice

The majority is holding that the Manufacturers Casualty Insurance Company was subrogated, to the extent of $2,-000.00 to the position of Mrs. McLaughlin against Sheehan, Tyrrell, and Hoover, who were sureties on Wilhelm’s supersedeas bond in his first case in this Court. My study convinces me: (a) that the insurance company can now assert by subrogation only the rights that Mrs. McLaughlin could have asserted against the sureties on Wilhelm’s supersedeas bond; (b) that Mrs. McLaughlin lost the right to assert the $2,000.00 claim here involved, against the sureties, Sheehan, Tyrrell, and…

2Cases cited1 opinion

  1. Wilhelm v. McLaughlinSupreme Court of Arkansas · 1958

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