# Vanderbilt University v. Henderson

> Court of Appeals of Tennessee · July 9, 1938 · 23 Tenn. App. 135

URL: https://www.frixlaw.com/law-library/cases/3895308

## Case

- **Full name:** Vanderbilt University v. Henderson.
- **Court:** Court of Appeals of Tennessee
- **Decided:** July 9, 1938
- **Citations:** 23 Tenn. App. 135; 127 S.W.2d 284; 1938 Tenn. App. LEXIS 85
- **Precedential status:** Published
- **Opinion:** Addendum by Felts
- **Judges:** Felts, Faw, Crownover
- **Cited by:** 19 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3895308

## Opinion text

*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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3895308. Public record. Not legal advice.