· 7/12/1968
Castleman Construction Company v. Pennington
Citations
- 432 S.W.2d 669
- 222 Tenn. 82
- 26 McCanless 82
- 1968 Tenn. LEXIS 413
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a title insurance company was negligent in discovering prior encumbrances but still entitled to subrogation
- finding that title company was subrogated to insureds’ claim despite the company’s negligence in failing to discover defects in title
- finding that despite the plaintiffs negligence, the defendant’s “want of care and diligence ... demands that the equity” would not prevent the plaintiff from being subrogated to the claims
- finding the plaintiff entitled to subrogation despite negligence in failing to discover title defects
- discussing requirement of mistake in the context of degree of negligence involved
- ordinary negligence alone will not be a complete bar to subrogation where in spite of such negligence the equities are still in favor of the subrogee
Source: CourtListener parenthetical corpus (CC0).
Judges: Burnett
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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