Hopkins v. First Tennessee National Bank

NEARN, Judge.

Ollie J. Hopkins appeals from an adverse judgment rendered in the Chancery Court for Sullivan County at Kingsport.

Counsel for appellant asserts, and opposing counsel agrees, that the case comes to this Court for a review de novo with a presumption that the decree below is correct unless the evidence preponderates to the contrary. T.C.A. § 27-303. In part, both counsel are incorrect.

Hopkins filed his bill in the Chancery Court for a declaration of the rights, duties and liabilities between the parties arising out of mutual business transactions. The Chancellor appointed a Special…