Montgomery Ward & Co. v. State

Court of Claims of Illinois

Montgomery Ward & Co. v. State

5 Ill. Ct. Cl. 399, 1927 Ill. Ct. Cl. LEXIS 132

Court of Claims of Illinois·Decided May 26, 1927·No. No. 931·Published

Opinion

Mr. Justice Leech

delivered the opinion of the court:

The claim in this case is for the repayment of excess taxes paid by the claimant. The facts are not in controversy in this case and are substantially the same as those in the case of Altorfer Brothers Company, in which we have filed an opinion today. The questions of law involved'are' also the same. There is no question involved here of the Statute of Limitations. For the reasons given in the Altorfer case, we, therefore, are of the opinion that this claimant is entitled to the refund of excess taxes paid aggregating $55,104.46 and that the State should in equity and good conscience repay this sum. The sum is hereby awarded.

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Mr. Justice Leech

delivered the opinion of the court:

The claim in this case is for the repayment of excess taxes paid by the claimant. The facts are not in controversy in this case and are substantially the same as those in the case of Altorfer Brothers Company, in which we have filed an opinion today. The questions of law involved'are' also the same. There is no question involved here of the Statute of Limitations. For the reasons given in the Altorfer case, we, therefore, are of the opinion that this claimant is entitled to the refund of excess taxes paid aggregating $55,104.46 and that the State should in equity and good conscience repay this sum. The sum is hereby awarded.

Montgomery Ward & Co. v. State, 5 Ill. Ct. Cl. 399, 1927 Ill. Ct. Cl. LEXIS 132 (Ill. Super. Ct. 1927).

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