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NATIONWIDE INS. CO. v. HARTFORD A. & I. CO.

19153

255 S.C. 320 (1971)

178 S.E.2d 660

NATIONWIDE INSURANCE COMPANY, Appellant v. HARTFORD ACCIDENT & INDEMNITY COMPANY, Respondent.

Supreme Court of South Carolina.

January 13, 1971.

Attorney(s) appearing for the Case

Pledger M. Bishop, Jr., Esq. of Moore, Mouzon & McGee, of Charleston, for Appellant.

Robert A. Patterson, Esq., of Barnwell, Whaley, Stevenson & Patterson, of Charleston, for Respondent.

January 13, 1971.

LITTLEJOHN, Justice.

The plaintiff, Nationwide Insurance Company, brings this action to recover from the defendant, Hartford Accident and Indemnity Company, a pro rata share of the $8,000 it paid to James Ronald Mixson because of an injury sustained in an accident. Hartford demurred to the complaint on the ground that it appeared on the face of the complaint that no cause of action was stated because "the Plaintiff manifestly made payment...

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