U. P. INS. CO. v. BALCRANK

No. 37610.

175 Ohio St. 267 (1963)

UNITED PACIFIC INS. CO., APPELLANT, v. BALCRANK, INC., APPELLEES.

Supreme Court of Ohio.

Decided November 13, 1963.


Attorney(s) appearing for the Case

Mr. Milton M. Bloom and Mr. Gordon C. Greene, for appellant.

Messrs. Pogue, Helmholz, Culbertson & French and Mr. Edward J. Utz, for appellee.


ZIMMERMAN, J.

If the present action against Balcrank was maintainable by Boyle, Boyle's insurer, as subrogee, has a right to bring and maintain the action in its own name, and its rights and position are the same as Boyle's.

We think this case can and should be decided on the basis of warranty. In the case of Rogers v. Toni Home Permanent Co., 167 Ohio St. 244

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