Vogue Co. v. John C. Winston Co.

Citations

• 76 Pa. Super. 158
• 1921 Pa. Super. LEXIS 107

Syllabus

<p>Equity — Contracts—Equitable subrogation — Application.</p> <p>To apply tbe doctrine of subrogation it is necessary to show an obligation of tbe person against whom relief is sought. It rests on tbe principle that one who is compelled to pay a debt which another should pay because of the neglect of the latter so to do, may recover on the ground that the law infers the debtor requested such payment.</p> <p>The principle of gubrogation will only be applied where a person under some sort of compulsion or in protection of his property or credit, has been compelled to pay that which was primarily the liability of another person.</p> <p>A plaintiff having a contract of warranty available for his protection has a legal remedy available, and, in such case, the equitable doctrine of subrogation cannot be invoked.</p> <p>Where a publishing company having purchased a magazine and having agreed to pay an annuity to its former owners, subsequently sold it to another publishing company, without providing for the assumption of this obligation, and the purchasers in turn sold the magazine, the latter cannot be compelled, under the equitable- doctrine of subrogation to pay the annuity, which the present owners of the magazine had paid under a threat that the trustee for the annuitants would institute proceedings to prevent the publication of the magazine.</p>