Illinois Court of Claims Opinions
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Burpee Can Sealer Co. v. State of Illinois

6 Ill. Ct. Cl. 378 Illinois Court of Claims Filed 1930-03-12 No. 1499
Disposition: (No. 1499-Claimant awarded $17.15.) Award: $17.15
Cite as: Burpee Can Sealer Co. v. State of Illinois, 6 Ill. Ct. Cl. 378 (1930)
Legacy General 6 awarded 1930s Burpee Can Sealer Co. v. State of Illinois 6 Ill. Ct. Cl. 378 1930-03-12 (No. 1499-Claimant awarded $17.15.) /opinions/v06-p0399-1/

BURPEE CAN SEALER COMPANY, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant alleged it paid $17.15 more franchise tax than legally required in 1928. The court overruled the State's demurrer and awarded the amount, holding that money paid by mistake can be recovered.

Claim type: Tax Refund

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

Headnotes

  1. FRANCHISE TAX-when money paid by mistake may be recovered back.

Claimant's declaration alleges that in the year 1928 it paid by mistake $17.15 more franchise tax than it was legally required to pay. To this declaration the State has filed a general demurrer. While the declaration may be informal, the demurrer is only general, and we think the declaration states sufficient grounds to sustain an award, and the demurrer will be overruled.

Money paid by mistake is not deemed to have been voluntarily paid and can be recovered back. It is not contended that the State did not receive $17.15 more franchise tax from claimant in 1928 than it was entitled to receive.

Claimant is therefore awarded the sum of $17.15.

Official volume 6 (Containing cases in which opinions were filed between July 1, 1927–June 30, 1931)  ·  All opinions in this volume  ·  Also on CourtListener

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