Camp v. Phillips
Supreme Court of Georgia
Mistake. Nancy Phillips, as administratrix of Noah Phillips, deceased, brought assumpsit against Archibold L. Camp, for $650 00, besides interest, making the following case: Defendant asserted to plaintiff that he held a judgment against her intestate, rendered at the September term, 1860, of Newton Superior Court, for $2,000 00, principal, and $766 10 interest, to date of judgment.
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Mistake. Nancy Phillips, as administratrix of Noah Phillips, deceased, brought assumpsit against Archibold L. Camp, for $650 00, besides interest, making the following case: Defendant asserted to plaintiff that he held a judgment against her intestate, rendered at the September term, 1860, of Newton Superior Court, for $2,000 00, principal, and $766 10 interest, to date of judgment. Plaintiff, deceived by this wrongful and fraudulent claim, on March 5th, 1867, paid to defendant the sum of $650 00 on the fi. fa., issued from said judgment. In reality, said judgment had been satisfied in full…
1Opinion of the Court
Trippe, Judge.
It was decided during the present term in Arnold & DuBose vs. The Georgia Railroad and Banking Company, that money voluntarily paid by a party through mere ignorance of law, though he may not have been legally bound to pay it, could not be recovered back. If it be paid under a mistake of facts or ignorance of facts, the rule may be different. For instance, if the facts of which the party so paying was ignorant, be such as to show that the one receiving the money ought not in equity and good conscience to retain it. But to entitle one to a recovery, the ignorance of the facts…
2Cited by6 opinions
- New York Life Insurance v. WilliamsonCourt of Appeals of Georgia · 1936
- Atlanta Telephone & Telegraph Co. v. FainCourt of Appeals of Georgia · 1915
- Bryant v. Guaranty Life InsuranceCourt of Appeals of Georgia · 1929
- Owens v. Floyd CountyCourt of Appeals of Georgia · 1956
- Butler v. RagsdaleCourt of Appeals of Georgia · 1936
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