C. 112.
S. In the civil law, an agent who buyF goods for his principal with his own money is so far subrogated to the principal's rights that if he fails the agent may sell his goods as if they were his own. Cour de Cass. Nov. 14, 1810; Dev. et Car. 3. 1. 258.
An insurer of real propert,y is subrogated to the rights of the insured against third parties who are responsible for the loss at common law. 3 Dougl. 63, 245; 2 Barnew. & C. 254; 13 Mete. Mass. 99; 39 Me. 253; 25 Conn. 265. But an insurance company is not subrogated to the rights of a mortgagee who has paid the premiums himself, so as to demand an assignment of the mortgage be fore paying his clahn when the buildings were burned. 7 Cush. Mass. 1; 2 Gray, Mass. 216; 8 Hare, Ch. 216.
In Canada, this subrogation takes place, 1 Low. Can. 222, and would probably in New York. 17 N. Y. 429.
In the civil law, whoever paid privileged debts, such, for example, as the funeral ex penses, had by subrogation the prior claim : Eorum ratio prior est creditorum. quorum pe cunia ad creditores privilegios pervenit. Dig. de reb. anc. jud. pos. 1. 24, 3.
So, if during the community of goods arising from the relation of husband and wife an annuity which was due from one of them only was redeemed by the money be longing to both, the other was subrogated pleno jure as to that part of the claim.
Pothier, Obl. pt. 3, c. 1, art. 6, 2.
In the civil- law, the consignee of goods who pays freight is said to be subrogated to the rights of the carrier and forwarder. Cour de Cass. 7 Dee. 1826; Dev. et Car. 8. 1. 476.
The common law does not recognize this right as a subrogation. But see LIEN.
In marshalling assets, where a mortgagee has a lien on two funds, if he satisfy himself out of one which is mortgaged to a junior mortgagee so as to extinguish the fund, the junior mortgagee is subrogated to the other fund. 4 Sandf. Ch. N. Y. 510.
This right of subrogation is a personal right, but may be assigned, 3 Penn. St. 300; and the creditors of the surety may claim the benefit of tbe right. 8 Penn. St. 347; 10 ic/. 519; 22 Miss. 87. As to which of two parties liable for the debt shall be subrogated, see 23 Vt. 169.
Sureties of a surety are entitled to the rights by subrogation of their principal. 5 Barb. N. Y. 398. 22 Vt. 274. The creditor need not be made a party to a bill to obtain subrogation. 10 Yerg. Tenn. 310. Consult Domat, Civil Law ; Guyot, Repert. Univ.; Masse, Droit Comm.; Dixon, Subrogation.