MEYER v. LEVY

No. 64-385.

169 So.2d 339 (1964)

Baron De Hirsch MEYER, Milton Welss and Leo Rose, Jr., as partners, d/b/a Meyer, Weiss, Rosen & Rose, f/u/b/o Pacific National Insurance Company, Appellants, v. Samuel LEVY and Adeline R. Levy, his wife, and Burnett Roth, Appellees.

District Court of Appeal of Florida. Third District.

December 1, 1964.


Attorney(s) appearing for the Case

Blackwell, Walker & Gray and Melvin Boyd, Miami, for appellants.

Cassel & Benjamin, Miami, for the Levys.

Sherouse & Corlett, Miami, for the Roths.

Before CARROLL, TILLMAN PEARSON and HENDRY, JJ.


PER CURIAM.

Appellants' complaint, based on a claim of subrogation, was dismissed as to the defendant-appellees Samuel Levy and Adeline R. Levy, his wife, on their motion. Plaintiffs appealed. We agree with the trial judge that the facts alleged do not show plaintiffs to be entitled to subrogation. The obligation discharged by the appellants was theirs alone, and subrogation is not available to one who simply pays his own debt. Pathe Exchange v. Bray Pictures Corporation...

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