Carter v. Virginia Sur. Co.
Decision Date | 11 December 1948 |
Citation | 216 S.W.2d 324,187 Tenn. 595 |
Parties | CARTER v. VIRGINIA SURETY CO. |
Court | Tennessee Supreme Court |
Appeal from Chancery Court, Washington County (Johnson City); Joe. W. Worley, Chancellor.
Suit by Wade H. Carter against Virginia Surety Company, for damages for an alleged violation of the fiduciary relationship between the parties as insured and insurer, respectively under an indemnity policy covering ownership, maintenance and use of a tractor with trailer.
From a decree sustaining defendant's demurrer, complainant appeals.
Affirmed.
W. J. Carter and Geo. N. Barnes, both of Johnson City, for appellant.
Kilgo & Armstrong, of Greeneville, for appellee.
The Virginia Surety Company demurred to a bill filed against it by Carter in the Chancery Court at Johnson City, Tennessee. The Chancellor sustained this demurrer. Carter has duly perfected his appeal to this Court.
We find in the record as excellent memorandum opinion of the cause by the learned Chancellor, Joe W. Worley. We adopt both the reasoning and conclusion therein set forth. His opinion reads as follows:
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