Sharpe v. Columbus Iron Works Co.
Supreme Court of Georgia
A petition in an action based on promissory notes given by the defendant to the plaintiff is not amendable by adding thereto an action ex delicto on the ground that the defendant has fraudulently converted to his own use collateral notes belonging to the plaintiff and has refused to pay over the same on demand. Equitable petition. Before Judge Gilbert. Muscogee superior court.
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A petition in an action based on promissory notes given by the defendant to the plaintiff is not amendable by adding thereto an action ex delicto on the ground that the defendant has fraudulently converted to his own use collateral notes belonging to the plaintiff and has refused to pay over the same on demand. Equitable petition. Before Judge Gilbert. Muscogee superior court. February 9, 1910. The substance of the petition was as follows: The defendant is indebted to the plaintiff in a given amount on certain promissory notes made by the defendant and payable to the order of the plaintiff. A…
1Opinion of the CourtFish, C. J.
(After stating the facts.) In the view we take of the case it is necessary to pass upon but one of the points raised by the assignments of error. This point is, did the court err in overruling the ground of the demurrer to the amendment, and of the motion to strike the same, that the amendment sought to add a cause of action ex delicto to one arising ex contractu. In our opinion the court did err in this respect. In the original petition the plaintiff sought to recover the balance due on certain promissory notes executed by the defendant and payable to the plaintiff’s order. While it was…
2Cited by8 opinions
- East Atlanta Bank v. LimbertSupreme Court of Georgia · 1941
- Lamb v. HowardSupreme Court of Georgia · 1916
- Houze v. BlackwellCourt of Appeals of Georgia · 1917
- Hutchens v. Seaboard Air-Line RailwaySupreme Court of Georgia · 1915
- Hartley v. FoldsCourt of Appeals of Georgia · 1919
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