Neel v. Field

• Decision Date: 30 September 1883
• Citation: 72 Ga. 201
• Parties: Neel, receiver. vs. Field.
• Court: Georgia Supreme Court

72 Ga. 201

Neel, receiver. vs. Field.

Supreme Court of the State of Georgia

SEPTEMBER TERM, 1883.

Where matters in controversy between two parties were submitted to arbitration, and the party in whose favor the award was made received money and notes of other persons from the opposite party, in full settlement thereof, knowing, at the time, that there was a mistake in the calculation by which the full amount of interest due him had not been allowed, he could not retain the amount received under the arbitration, and also sue for the balance claimed to be due by reason of the mistake. If he received the money and notes in full settlement under the award, after notice of the mistake, he must abide the settlement. Judgment reversed.

November 20, 1883.

Blandford, Justice.