Allbright Bros., Contractors v. Hull-Dobbs Co.
| Decision Date | 11 December 1953 |
| Docket Number | No. 11785.,11785. |
| Citation | 209 F.2d 103 |
| Parties | ALLBRIGHT BROS., CONTRACTORS, Inc., and For Use and Benefit of NATIONAL SURETY CORP. v. HULL-DOBBS CO. et al. |
| Court | U.S. Court of Appeals — Sixth Circuit |
A. L. Barber, Little Rock, Ark. (Sam P. Walker, Memphis, Tenn., on the brief), for appellant.
John S. Porter, Memphis, Tenn., for appellee Hull-Dobbs Co.
J. H. Spears, W. Memphis, Ark. (Leo Bearman, Memphis, Tenn., on the brief), for appellee, Dealers Truckstell Sales, Inc.
Before SIMONS, Chief Judge, and MARTIN and McALLISTER, Circuit Judges.
Appellant, after payment of judgments entered against it as a tortfeasor in negligence cases in a state court in Arkansas, sued appellees for the use and benefit of its insurance company, to recover contributions from them as joint tortfeasors. Appellees moved to dismiss the case on the ground that appellant's payment of the judgments did not release, or purport to release them from liability to the injured parties in the negligence case, and that, under the provisions of the Arkansas Joint Tortfeasor statute, which is here, admittedly, controlling, appellant is not entitled to a judgment for contribution against a joint tortfeasor since it has not, by payment, discharged the common liability, and extinguished the liability of the joint tortfeasors to the injured parties.
It appears that the judgments entered in the original negligence action were entered upon a settlement agreement in which it was provided that the payments made by appellant to the injured parties were in full and complete settlement "of any and all claims, actions, or causes of action accruing to the Plaintiffs, and arising out of the accident complained of." In the judgments, the state court in Arkansas recited that the settlements in the judgments were "in full settlement and satisfaction of any and all claims, action or actions, cause or causes of action of the several Plaintiffs and all damages of every kind and description arising out of the accident complained of in the Complaint."
On the motion of appellees, the district court dismissed appellant's suit, with prejudice, on the ground that the settlements and judgments in the state court in Arkansas only released appellant from liability and did not extinguish the liability of appellees to the injured parties; and that, under the Arkansas Joint Tortfeasor statute, appellant was not entitled to contribution. As observed by the district court, the names of appellees were not mentioned either in the settlement agreements or in the judgments...
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Jayel Corp. v. Cochran
...received from Jayel and leave Cochran to "fend for herself against Jayel's lawsuit." Jayel relies primarily on Allbright Bros. v. Hull-Dobbs Co., 209 F.2d 103 (6th Cir. 1953), and Moore v. Missouri Pacific Railroad, 299 Ark. 232, 773 S.W.2d 78 (1989), in support of its position. In Allbrigh......
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Douglas v. U.S. Tobacco Co.
...Smith v. Tipps Engineering & Supply Co., 231 Ark. 952, 333 S.W.2d 483 (Ark.1960) (Smith ), and Allbright Brothers Contractors v. Hull-Dobbs Co., 209 F.2d 103 (6th Cir. 1953) (Allbright ), which was relied upon in Smith. We disagree with appellant's interpretation of those cases and conclude......
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United States v. Reilly
...order of approval purporting to satisfy "all claims" arising out of the incident. See Allbright Bros. Contractors, Inc., for Use and Benefit of National Sur. Corp. v. Hull-Dobbs Co., 6 Cir., 209 F.2d 103 (applying Arkansas Uniform Act), and authorities cited. In any event, the interpretatio......
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Arlene Delores Smith, Executrix of the Estate of William D. Smith v. Larry Withrow
... ... 2d 756; Reilly, supra, at 229; ... Albright Bros. Contractors v. Hull-Dobbs ... Co. (C.A.6, 1953), 209 F. 2d 103 ... ...