Opinion

Vanderbilt University v. Henderson

  • 23 Tenn. App. 135
  • 127 S.W.2d 284
  • 1938 Tenn. App. LEXIS 85
Court
Court of Appeals of Tennessee
Filed
Jul 9, 1938
Status
Published
Author
Felts
On the bench
Felts, Faw, Crownover
Cited by
19 cases
Authority
More cited than 1.2%

The opinion

*145

On Petition to Rebear.

FELTS, J.

On a former day of tbe term we affirmed tbe circuit court’s judgment in plaintiff’s favor against Vanderbilt University, but with tbe modification that the judgment was limited for its satisfaction to tbe liability insurance mentioned in tbe pleadings.

John E. Henderson has filed a petition for rehearing, in which it is said that tbe policy is not a liability but an indemnity policy, and we are asked to modify our former ruling and enter a general, unconditional judgment against Vanderbilt University and to tax all tbe costs against it.

Such a judgment would permit tbe institution’s trust property to be taken for its satisfaction, and it is plain that Abston v. Waldon Academy, 118 Tenn., 24 , 102 S. W., 351 , 11 L. R. A. (N. S.), 1179; Gamble v. Vanderbilt University, 138 Tenn., 616 , 200 S. W., 510 , L. R. A., 1918C, 875, and McLeod v. St. Thomas Hospital, 170 Tenn., 423 , 95 S. W. (2d), 917 , forbid the allowance of such a thing to be done; and that we can enter no judgment except one limited as indicated in our former opinion, as was done in Rogers v. Butler, 170 Tenn., 125 , 92 S. W. (2d), 414 .

The petition for a rehearing is overruled and petitioner is taxed with the costs incident thereto.

Faw, P. J., and Crownover, J., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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