Tennessee Code Annotated
Tenn. Code Ann. § 47-3-119 (2026)
Notice of right to defend action
✓ current as of May 2026
In an action for breach of an obligation for which a third person is answerable over pursuant to this chapter or chapter 4 of this title, the defendant may give the third person written notice of the litigation, and the person notified may then give similar notice to any other person who is answerable over. If the notice states (i) that the person notified may come in and defend and (ii) that failure to do so will bind the person notified in an action later brought by the person giving the notice as to any determination of fact common to the two (2) litigations, the person notified is so bound unless after seasonable receipt of the notice the person notified does come in and defend.
Acts 1995, ch. 397, § 2.
Notes of Decisions
Cited in 3
cases, 1974–1992 · leading case: Waller, Lansden, Dortch, & Davis v. Haney, 851 S.W.2d 131 (Tenn. 1992).
Waller, Lansden, Dortch, & Davis v. Haney, 851 S.W.2d 131 (Tenn. 1992). “(See Comment 3 to the official text T.C.A. § 47-3-119). He found that neither the 27 November 1985 agreement nor the 31 December 1985 note made any reference to the other.”
Cont'l Bankers Life Ins. Co. of the South v. Bank of Alamo, 578 S.W.2d 625 (Tenn. 1979). “§ 47-3-119. Moreover, there has been no showing of fraud, duress or mutual mistake which would suspend the operation of the rule.”
Third Nat. Bk., Nashville v. Hardi-Gardens Sup. of Ill., Inc., 380 F. Supp. 930 (M.D. Tenn. 1974). “” All doubt as to the status of a subsequent purchaser is removed by T.C.A. § 47-3-119 in which it is stated that “a holder in due course is not affected by any limitation of his rights arising out of the separate written agreement if he had no notice of the limitation when he…”
— Tenn. Code Ann. § 47-3-119(1) — 1 case
Waller, Lansden, Dortch, & Davis v. Haney, 851 S.W.2d 131 (Tenn. 1992). “(See Comment 3 to the official text T.C.A. § 47-3-119). He found that neither the 27 November 1985 agreement nor the 31 December 1985 note made any reference to the other.”
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