From Casetext: Smarter Legal Research

Meyer v. Levy

District Court of Appeal of Florida, Third District
Dec 1, 1964
169 So. 2d 339 (Fla. Dist. Ct. App. 1964)

Opinion

No. 64-385.

December 1, 1964.

Appeal from the Circuit Court for Dade County, Henry L. Balaban, J.

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.


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.


Summaries of

Meyer v. Levy

District Court of Appeal of Florida, Third District
Dec 1, 1964
169 So. 2d 339 (Fla. Dist. Ct. App. 1964)
Case details for

Meyer v. Levy

Case Details

Full title:BARON DE HIRSCH MEYER, MILTON WELSS AND LEO ROSE, JR., AS PARTNERS, D/B/A…

Court:District Court of Appeal of Florida, Third District

Date published: Dec 1, 1964

Citations

169 So. 2d 339 (Fla. Dist. Ct. App. 1964)

Citing Cases

Mortoro v. Maloney

Equitable subrogation arises when one having a liability, right or fiduciary relationship pays a debt due by…

Matter of Munzenrieder Corp.

There is no question that the Bank had nothing whatever to do with the Debtor and certainly was not at any…