SHARP v. BANNON


258 S.W.2d 713 (1953)

SHARP et al. v. BANNON et al.

Court of Appeals of Kentucky.

May 29, 1953.


Attorney(s) appearing for the Case

Buckley, Stilz & Rouse, Lexington, Boehl, Stopher, Kilgariff, Graves & Deindoerfer, Louisville, for appellants.

Stoll, Keenon & Park, Lexington, for appellees.


MILLIKEN, Justice.

In this case a tort-feasor, without notice of an insurance company's subrogation claim, settled a suit brought by the insured and an agreed order "now dismissed settled" was filed in court. The principal question presented on this appeal is whether this order "dismissed settled" is a bar to a subsequent action by the insurance company, subrogee, for the same damage.

In behalf of the insured, Charles E. Bannon, the Detroit Inter-Insurance...

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