Bartow Guano Co. v. Adair

(After stating the foregoing facts.) It was the right of the plaintiff under the law to make an amendment of the nature indicated in the foregoing statement. In the case of Akin v. Ordinary, 54 Ga. 59 (4), (5), it was said: “If a plaintiff should sue on a promissory note in the statutory form which the law requires to be stamped, and the note could not be read in evidence for the want of a stamp on it, the plaintiff might amend his declaration by adding the common count of money had and received of the plaintiff, or paid by the plaintiff for the use and benefit of the defendant, and .on proof…