Illinois Court of Claims Opinions
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McGuire v. State of Illinois

3 Ill. Ct. Cl. 72 Illinois Court of Claims Filed 1916-12-22
Disposition: awarded Award: $4,023.20 Agency: Auditor of Public Accounts
Cite as: McGuire v. State of Illinois, 3 Ill. Ct. Cl. 72 (1916)
Legacy General 3 awarded 1910s McGuire v. State of Illinois 3 Ill. Ct. Cl. 72 1916-12-22 awarded /opinions/v03-p0086-1/

THOMAS MCGUIRE, DOING BUSINESS AS THE MCGUIRE AND WHITE DETECTIVE AGENCY. v. STATE OF ILLINOIS.

Case summary

The claimant provided detective services to protect bank property under investigation by the Auditor of Public Accounts. The court awarded $4,023.20, finding the services were necessary and the charges reasonable, based on the precedent of Anson v. State.

Claim type: Contract

Cases cited: Anson, et al v. State (1914)

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

  1. CONTRACTS-when law will imply promise on part of State to pay.

THOMAS MCGUIRE, DOING BUSINESS AS THE MCGUIRE AND WHITE DETECTIVE AGENCY. v.

STATE OF ILLINOIS.

Opinion filed December 22, 1916.

CONTRACTS-when law will imply promise on part of State to pay.

Where a duty is imposed by law upon an officer and moneys are not provided with which to perform the duty, he may perform the duty and the necessary expenses are a proper charge against the State.

Benson Landon, for State.

P. J. Lucey, Attorney General, for State.

Thomas McGuire, the claimant, is carrying on a general detective business in the City of Chicago, under the name of McGuire & White Detective Agency.

On June 12, 1914, the Auditor of Public Accounts employed Mr.

McGuire to furnish men to protect the property of the La Salle Street Trust and Savings Bank, the State Bank of Calumet, and the Ashland Twelfth Bank, which banks were under investigation by the Auditor's office. Mr. McGuire furnished men and rendered service for the period of time beginning June 12, 1914, and ending September 27, 1914. The statement for services and expense of operatives rendered shows a charge against the LaSalle Street Bank of $210.85, against the Ashland Twelfth Street Bank of $1,909.20, and against the State Bank of Calumet of $1,903.15, a total of $4,023.20.

The testimony of the witnesses shows that the contract was made by the Auditor, that the services were rendered, and that the charges are the usual and reasonable charges for such service.

The State was represented at the taking of testimony by the Attorney General, but he has not filed any brief or argument contesting the claim.

On the authority of the case of Anson, et al v. State, decided in the October Term, 1914, by this Court, this claim will be allowed, and it is the judgment of the Court that claimant be awarded the sum of $4,023.20.

Official volume 3 (Compiled and Reported by the Authority of the State of Illinois 1916)  ·  All opinions in this volume  ·  Also on CourtListener

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