elastic rule in Tennessee

10 Tennessee opinions name it 1 courts 1954–2024 2 in the last five years

The cases below were cited by Tennessee courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

Case	Followed	Cited
Sanders v. McClanahangreen tennctapp · 1969 · cited in 6 Tennessee opinions naming this issue, 1980–2024 2 sentences 2024The reason for the exacting burden of proof is “‘the fear that a more elastic rule might bring about more fraud than it would prevent.’” Sanders v. McClanahan, 442 S.W.2d 664, 667 (Tenn. 1969) (quoting Haven v. Wrinkle, 195 S.W.2d 787, 793 (Tenn. Ct. App. 1945)). 2024Doubtless this is due to the fear that a more elastic rule might bring about more fraud than it would prevent.” Sanders v. McClanahan, 442 S.W.2d 664, 667 (Tenn. Ct. App. 1969) (citing Haven v. Wrinkle, 195 S.W.2d 787, 793 (Tenn. Ct. App. 1946)).	6	6
Haven v. Wrinklegreen tennctapp · 1945 · cited in 5 Tennessee opinions naming this issue, 1980–2024 2 sentences 2024The reason for the exacting burden of proof is “‘the fear that a more elastic rule might bring about more fraud than it would prevent.’” Sanders v. McClanahan, 442 S.W.2d 664, 667 (Tenn. 1969) (quoting Haven v. Wrinkle, 195 S.W.2d 787, 793 (Tenn. Ct. App. 1945)). 2024Doubtless this is due to the fear that a more elastic rule might bring about more fraud than it would prevent.” Sanders v. McClanahan, 442 S.W.2d 664, 667 (Tenn. Ct. App. 1969) (citing Haven v. Wrinkle, 195 S.W.2d 787, 793 (Tenn. Ct. App. 1946)).	4	5
Crook v. Mid-South Transfer & Storage Co.green tennctapp · 1973 · cited in 2 Tennessee opinions naming this issue, 1988–2016 2 sentences 2016“Where, as here, the articles lost were household goods, furniture, wearing apparel, and other articles which had been acquired by the plaintiff over the years[,] the value of such articles is not to be estimated by what each item would bring if sold in the market, but by the more elastic standard of „value to the owner.‟” Crook v. Mid-South Transfer & Storage Co., Inc., 499 S.W.2d 255, 260 (Tenn. Ct. App. 1973) (citing Clift v. Fulton Fire Insurance Company, 315 S.W.2d 9, 12 (Tenn. Ct. App. 1958)). 1988This court, in referring to the measure of damages in cases of this nature, said in Crook v. Mid-South Transfer & Storage Company, Inc., 499 S.W.2d 255, 260 (1973): Where, as here, the articles lost were household goods, furniture, wearing apparel, and other articles which had been acquired by the plaintiff over the years the value of such articles is not to be estimated by what each item would bring if sold in the market, but by the more elastic standard of “value to the owner”. [Citations omitted.] Accord: Merritt v. Nationwide Warehouse Co., Ltd., 605 S.W.2d 250 (Tenn.App.1980).	2	2
Clift v. Fulton Fire Insurancegreen tennctapp · 1958 · cited in 2 Tennessee opinions naming this issue, 1973–2016 2 sentences 2016“Where, as here, the articles lost were household goods, furniture, wearing apparel, and other articles which had been acquired by the plaintiff over the years[,] the value of such articles is not to be estimated by what each item would bring if sold in the market, but by the more elastic standard of „value to the owner.‟” Crook v. Mid-South Transfer & Storage Co., Inc., 499 S.W.2d 255, 260 (Tenn. Ct. App. 1973) (citing Clift v. Fulton Fire Insurance Company, 315 S.W.2d 9, 12 (Tenn. Ct. App. 1958)). 1973Where, as here, the articles lost were household goods, furniture, wearing apparel, and other articles which had been acquired by the plaintiff over the years the value of such articles is not to be estimated by what each item would bring if sold in the market, but by the more elastic standard of “value to the owner.” Clift v. Fulton Fire Insurance Company (1958) 44 Tenn.App. 483 , 315 S.W.2d 9 ; 22 Am.Jur.2d, Damages, § 150, pp. 218-219.	1	2
Shrum v. Powellgreen tennctapp · 1980 · cited in 1 Tennessee opinions naming this issue, 2024–2024 1 sentence 2024A petitioner “seeking to show that a lost will was not revoked by the testator must do so by presenting ‘the clearest and most stringent evidence’ or ‘clear, cogent and convincing proof.’” In re Estate of Leath, 294 S.W.3d at 575 -76 (citing Shrum v. Powell, 604 S.W.2d 869, 871 (Tenn. Ct. App. 1980)).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway.

Also cited on this issue (4)

Case	Cited	Years
In Re Estate of Leath green tennctapp · 2008 2 sentences 2024While the required burden of proof is substantial, “the proponent of a lost will is not required to overcome the ‘almost impossible barrier’ of proving absolutely, rather than circumstantially, that the will was not revoked.” In re Est. of Leath, 294 S.W.3d at 575 (quoting In re Est. of Brown, No. 01A01-9809-PB-00471, 1999 WL 802718 , at 11 (Tenn. Ct. App. Oct. 7, 1999)). 2024*A petitioner “seeking to show that a lost will was not revoked by the testator must do so by presenting ‘the clearest and most stringent evidence’ or ‘clear, cogent and convincing proof.’” In re Estate of Leath, 294 S.W.3d at 575 -76 (citing Shrum v. Powell, 604 S.W.2d 869, 871 (Tenn. Ct. App. 1980)).	2	2024–2024
Merritt v. Nationwide Warehouse Co., Ltd. green tennctapp · 1980 1 sentence 1988This court, in referring to the measure of damages in cases of this nature, said in Crook v. Mid-South Transfer & Storage Company, Inc., 499 S.W.2d 255, 260 (1973): Where, as here, the articles lost were household goods, furniture, wearing apparel, and other articles which had been acquired by the plaintiff over the years the value of such articles is not to be estimated by what each item would bring if sold in the market, but by the more elastic standard of “value to the owner”. [Citations omitted.] Accord: Merritt v. Nationwide Warehouse Co., Ltd., 605 S.W.2d 250 (Tenn.App.1980).	1	1988–1988
Garrison v. State green tenn · 1931 2 sentences 1954Garrison v. State, 163 Tenn. 108 , 40 S. W. (2d) 1009 ; Riverside Mills v. Parsons, 176 Tenn. 381, 387 , 141 S. W. (2d) 895 . 1954Garrison v. State, 163 Tenn. 108 , 40 S. W. (2d) 1009 ; Riverside Mills v. Parsons, 176 Tenn. 381, 387 , 141 S. W. (2d) 895 .	1	1954–1954
Riverside Mill Co. v. Parsons green tenn · 1940 2 sentences 1954Garrison v. State, 163 Tenn. 108 , 40 S. W. (2d) 1009 ; Riverside Mills v. Parsons, 176 Tenn. 381, 387 , 141 S. W. (2d) 895 . 1954Garrison v. State, 163 Tenn. 108 , 40 S. W. (2d) 1009 ; Riverside Mills v. Parsons, 176 Tenn. 381, 387 , 141 S. W. (2d) 895 .	1	1954–1954

Where else courts name it

NY 10 (1966–2018) TN 10 (1954–2024) OH 8 (1986–2023) FL 2 (1959–2009)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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