Wisconsin Marine & Fire Insurance v. State

Idaho Supreme Court

Wisconsin Marine & Fire Insurance v. State

51 P. 983, 5 Idaho 785, 1898 Ida. LEXIS 9

DecidedJanuary 24, 1898

StatusPublished

This text of 51 P. 983 (Wisconsin Marine & Fire Insurance v. State) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wisconsin Marine & Fire Insurance v. State, 51 P. 983, 5 Idaho 785, 1898 Ida. LEXIS 9 (Idaho 1898).

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Opinion

SULLIVAN, C. J.;

This suit was brought in this court, under the provisions of section 10, article 5 of the constitution of Idaho, to obtain a recommendatory decision, recommending to the legislature the payment of the claim of the plaintiff. The matter was referred to H. E. McElroy, Esq., to take the evi-[786]*786deuce, and to report the same, with his findings, to this court. On the return and filing of said report the same was presented to this court on the oral arguments of Frank T. Wyman, Esq., attorney for the plaintiff, and E. E. McFarland, attorney general, on behalf of the state. The facts are substantially as follows: During the World’s Fair in Chicago, in 1893, Captain J. M. Wells, commissioner for this state, purchased hardware and furnishings for the use of the state from A. H. Andrews & Co., amounting to $5,090.46, and thereafter paid $1,000 on said account. Thereafter said A. H. Andrews & Co. duly assigned the balance of said account to the plaintiff. Said merchandise was received and used by the state, and thereafter sold, and the proceeds turned into the state treasury. Under these facts, equity and common honesty would dictate that the state ought to pay said claim. We think the legislature is authorized to make an appropriation with which to pay said claim, and this court would most respectfully recommend that it do so.

Huston and Quarles, JJ., concur.

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SULLIVAN, C. J.;

This suit was brought in this court, under the provisions of section 10, article 5 of the constitution of Idaho, to obtain a recommendatory decision, recommending to the legislature the payment of the claim of the plaintiff. The matter was referred to H. E. McElroy, Esq., to take the evi-[786]*786deuce, and to report the same, with his findings, to this court. On the return and filing of said report the same was presented to this court on the oral arguments of Frank T. Wyman, Esq., attorney for the plaintiff, and E. E. McFarland, attorney general, on behalf of the state. The facts are substantially as follows: During the World’s Fair in Chicago, in 1893, Captain J. M. Wells, commissioner for this state, purchased hardware and furnishings for the use of the state from A. H. Andrews & Co., amounting to $5,090.46, and thereafter paid $1,000 on said account. Thereafter said A. H. Andrews & Co. duly assigned the balance of said account to the plaintiff. Said merchandise was received and used by the state, and thereafter sold, and the proceeds turned into the state treasury. Under these facts, equity and common honesty would dictate that the state ought to pay said claim. We think the legislature is authorized to make an appropriation with which to pay said claim, and this court would most respectfully recommend that it do so.

Huston and Quarles, JJ., concur.

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Bluebook (online)

51 P. 983, 5 Idaho 785, 1898 Ida. LEXIS 9, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wisconsin-marine-fire-insurance-v-state-idaho-1898.