Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 108

Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 108

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...We are also of opinion that when an insurance company demands an appraisal or estimate of loss, it must. be held to have conceded its liability for some amount, and the only question that remains open is the amount of the loss. This is the last step to be taken in the adjustment of a loss, and not the first one, as is usually held by insurance companies. Unless it be in exceptional cases, there is no necessity for an appraisal as long as liability is denied, and when the appraisal is demanded, other questions, which go merely to the liability of the insurance company, must be treated as waived. 96 Tenn., 193. We think there was no error in apportioning the expense of selling the salvage goods. This rule was laid down in the Palatine case, and is based upon the rule announced in the case of German Bank v. Haller, 103 Tenn., 84. While many other questions are presented and dwelt on, we think they are all settled by the Insurance Co. 1;. Morton.Scott-Robertson Co. Palatine case, and that that case was properly decided, and the present case is not distinguishable from it on any determinative question. The judgment of the Court below is, therefore, affirmed with costs. A decree directing reformation of a deed and conveyance of the property involved to the complainant by the Clerk and Master operates, under our statutes, to invest the complainant with perfect title from its date without such conveyance, the Clerk and Master being a "party " within the meaning of the statute declaring that, "If the decree direct the conveyance, release. or acquittance to be made, and the party against whom the decree is rendered fails or refuses to execute the same in the time specified in the decree, or in a reasonable time, if no more

Product details

  • Paperback | 174 pages
  • 189 x 246 x 9mm | 322g
  • United States
  • English
  • black & white illustrations
  • 1236801237
  • 9781236801234