Grain Dealers Mutual Insurance v. White

Nichols, Judge.

The defendant filed a special plea in which he alleged that the plaintiff took over the defense of the prior actions against his will and paid the judgment and settled the companion case against his wishes, and therefore the plaintiff should be estopped from recovering any sum from the defendant. The trial court overruled a motion to strike such plea and the plaintiff excepts.

It is unnecessary to decide if such judgment was error for if such judgment was error it was harmless to' the plaintiff. The defendant had alleged in his answer that any payment made by the plaintiff was…