Kytle v. Collins

By amendment the plaintiff sought to recover of the defendant Kytle in his capacity as executor. The court in its charge eliminated the issue as to the liability of the executor. The jury found against the defendants as individuals. There was no exception to the charge of the court exonerating the executor. Under the rulings in Penn Mutual Life Insurance Co. v. Taggart, 38 Ga. App. 509 (144 S. E. 400), no affirmative action would lie against the individual defendants for an alleged fraud not involving conscious moral guilt. The only authority I have been able to find which seems to authorize…