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· 11/2/2001

Rawlings v. John Hancock Mutual Life Ins. Co.

Citations

  • 78 S.W.3d 291
  • 2001 Tenn. App. LEXIS 818

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that “to have an agency relationship under a power of attorney, the principal must have the capacity to contract”
  • noting that while courts “should give the language of a pleading its fair and natural construction,” they “must stop short of reading a claim into a pleading where none exists” (citations omitted)
  • “The failure to assert a claim or defense in a timely manner is deemed a waiver of the right to rely on the claim or defense later in the proceeding.”
  • evidence preponderates against a factual finding when it “support[s] another finding of fact with greater convincing effect”
  • “The failure to assert a claim or defense in a timely manner is deemed a waiver of the right to rely on the claim or defense later in the proceeding.”
  • discussing fraud, duress, and undue influence

Source: CourtListener parenthetical corpus (CC0).

Judges: Koch, Cain, Cottrell

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.