GOULD v. WEIBEL


62 So.2d 47 (1952)

GOULD et al. v. WEIBEL. SLIMER v. WEIBEL.

Supreme Court of Florida, Special Division A.

December 22, 1952.


Attorney(s) appearing for the Case

Shackleford, Farrior, Shannon & Stallings, Tampa, for appellants.

Lindsey & Cargell, St. Petersburg Beach, and Mann, Harrison & Stone, St. Petersburg, for appellee.


ROBERTS, Justice.

The sole question here is whether an insurance company must be joined as a party plaintiff in a suit by the insured against a third party tort-feasor where the insurance company has advanced to the insured, by means of a "loan receipt" transaction, an amount equal to the insured's loss and for which the suit against the third party is being prosecuted.

The loan receipt agreement in the instant case was of a type which appears to be in general...

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