Callaway v. Pearson

This case was here on a former occasion, when this court held that no case of equitable accounting was alleged; and that “The allegations respecting the execution of the note to Y. and C. in behalf of C. and P., in excess of the amount agreed on, with intent to defraud P., and the payment of the judgment on the note by P., sufficiently state a case of tort.” Callaway v. Pearson, 139 Ga. 540 (77 S. E. 816). When the case was returned to the lower court for a second trial, certain amendments to the petition were filed and allowed, but they did not so change the character of the action as to…