STAPLES v. HAMILTON NAT. BANK OF KNOXVILLE


298 S.W.2d 24 (1956)

Hattie Mae Jones STAPLES, Plaintiff in Error, v. HAMILTON NAT. BANK OF KNOXVILLE, Defendant in Error

Supreme Court of Tennessee, East Division, Nashville.

Rehearing Denied February 8, 1957.


Attorney(s) appearing for the Case

Warren R. Webster, Knoxville, Ferdinand Powell, Jr., Johnson City, for plaintiff.

Fowler, Rowntree & Fowler, S. F. Fowler, Jr., Wilbur W. Pipfr, Knoxville, for defendant.


SWEPSTON, Justice.

This is an action at law in six separate and independent counts. No subsequent count refers to any previous count nor does it incorporate by reference, any of the allegations in the preceding count or counts and, as will be shown later, all of the counts except the first one sound in contract, while the first count, although the contrary is insisted by the plaintiff in error, sounds in tort for conversion.

The gravamen of the action as stated...

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