Meyer v. Levy

District Court of Appeal of Florida

Meyer v. Levy

169 So. 2d 339

CourtDistrict Court of Appeal of Florida

DecidedDecember 1, 1964

DocketNo. 64-385

StatusPublished

Cited by2 cases

This text of 169 So. 2d 339 (Meyer v. Levy) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Meyer v. Levy, 169 So. 2d 339 (Fla. Ct. App. 1964).

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Opinion

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, 231 App.Div. 465, 247 N. Y.S. 476. See Barber Asphalt Paving Co. v. Northern Ohio Traction and Light Co., 6 Cir. 1913, 202 F. 817. Moreover, the entire debt was not paid. See Whyel v. Smith, 101 Fla. 971, 134 So. 552; Fowler v. Lee, 106 Fla. 712, 143 So. 613. There was no unjust enrichment of the defendants.

Affirmed.

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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, 231 App.Div. 465, 247 N. Y.S. 476. See Barber Asphalt Paving Co. v. Northern Ohio Traction and Light Co., 6 Cir. 1913, 202 F. 817. Moreover, the entire debt was not paid. See Whyel v. Smith, 101 Fla. 971, 134 So. 552; Fowler v. Lee, 106 Fla. 712, 143 So. 613. There was no unjust enrichment of the defendants.

Affirmed.

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169 So. 2d 339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meyer-v-levy-fladistctapp-1964.

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