First Tenn. Bank NA, Memphis. Annotate this Case. S.W.2d (). Jerry WINSTEAD and Nancy Winstead, Plaintiffs-Appellees, v. FIRST TENNESSEE.

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Plaintiff First Tennessee Bank National Association First Tennessee has responded in opposition to the motion and the court, having considered the memoranda of authorities submitted by the parties, concludes that the motion is well taken and should be granted. If there is sufficient contained in any deed or record, which a prudent person ought to examine, to produce an inquiry in the mind of an intelligent person, he is chargeable with knowledge or notice of the fact so contained. Happy Goodman Family, S.


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Plaintiff did not allege a set of facts which, if true, would support a claim for breach of fiduciary duty. The agreement was intended to cover the loaning of a substantial amount of additional money.


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TSC Industries, holding if the underlying contract is unenforceable, there can be no recovery for inducement to breach. Summary judgment was appropriate on this issue. There are in fact subdivision restrictions on record which affect the subject property, among them the following:

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Bridger, at the closing. Barnes, supra, the Court quoted the following language with approval from 91 C.


Bridger, at the closing. The decree for rescission is reversed. The description in the security agreement does not reasonably identify the securities.

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The court rejects this contention, which is, as Trustmark notes, nothing more than an attempt to make an end-run around the express statutory requirement for attachment of a security interest in the securities. The Winsteads were owners and operators of an appliance business and they were in the market for a new location for their business. Rather, as the court comprehends its memoranda, Trustmark contends that "general intangibles" was an insufficient description under both the and versions of the UCC.

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There are in fact subdivision restrictions on record which affect the subject property, among them the following: They received a telephone call from a neighbor, followed by a letter, advising them that the property could not be used for commercial purposes because such use was forbidden by subdivision restrictions running with the land. In connection with this security agreement, First Tennessee filed financing statements describing these same categories of collateral.


It is apparent that the trial court found they were not. All motions for new trial were overruled, and the defendants duly filed notices of appeal. This argument misrepresents the bankruptcy order, and it is appropriate to consider the bankruptcy order under T.



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  1. Gum says:

    There was testimony to the effect that these matters were discussed at the closing, but it is disputed whether the Winsteads were told directly of the effect of the subdivision restrictions.

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