Bilderback Investment Trust v. State

Court of Claims of Illinois

Bilderback Investment Trust v. State

7 Ill. Ct. Cl. 122, 1933 Ill. Ct. Cl. LEXIS 8

CourtCourt of Claims of Illinois

DecidedJanuary 10, 1933

DocketNo. 1912

StatusPublished

This text of 7 Ill. Ct. Cl. 122 (Bilderback Investment Trust v. State) is published on Counsel Stack Legal Research, covering Court of Claims of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bilderback Investment Trust v. State, 7 Ill. Ct. Cl. 122, 1933 Ill. Ct. Cl. LEXIS 8 (Ill. Super. Ct. 1933).

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Opinion

Mr. Justice Thomas

delivered the opinion of the court:

Claimant is asking for an award of $30.00 paid by it for an insurance broker’s license. The declaration alleges it paid the $30.00 under the impression gained through lack of information that such sum was the correct amount the law required. The Attorney General has filed a demurrer to the declaration. It is apparent from the allegations of the declaration that the money was voluntarily paid. If any mistake was made by claimant, it was a mistake of law and not of fact. It is fundamental that a tax or license voluntarily paid cannot be recovered back. (Oakford & Fahnestock vs. State, 6 Ct. Cl. 439.) It is also equally well settled in this State that money paid under a mistake of law cannot be recovered back. (Illinois Merchants Trust Co. vs. Harvey, 335 Ill. 284; Richardson Lubricating Co. vs. Kinney, 337 Ill. 122; Oakford & Fahnestock vs. State, supra.)

The demurrer is sustained and the cause dismissed.

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Mr. Justice Thomas

delivered the opinion of the court:

Claimant is asking for an award of $30.00 paid by it for an insurance broker’s license. The declaration alleges it paid the $30.00 under the impression gained through lack of information that such sum was the correct amount the law required. The Attorney General has filed a demurrer to the declaration. It is apparent from the allegations of the declaration that the money was voluntarily paid. If any mistake was made by claimant, it was a mistake of law and not of fact. It is fundamental that a tax or license voluntarily paid cannot be recovered back. (Oakford & Fahnestock vs. State, 6 Ct. Cl. 439.) It is also equally well settled in this State that money paid under a mistake of law cannot be recovered back. (Illinois Merchants Trust Co. vs. Harvey, 335 Ill. 284; Richardson Lubricating Co. vs. Kinney, 337 Ill. 122; Oakford & Fahnestock vs. State, supra.)

The demurrer is sustained and the cause dismissed.

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7 Ill. Ct. Cl. 122, 1933 Ill. Ct. Cl. LEXIS 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bilderback-investment-trust-v-state-ilclaimsct-1933.

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