Illinois Court of Claims Opinions
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Delnor Hospital v. State of Illinois

26 Ill. Ct. Cl. 45 Illinois Court of Claims Filed 1967-01-10 No. 5303
Disposition: (No. 5303-Claimant awarded $660.90.) Award: $660.90 Agency: Illinois Public Aid
Cite as: Delnor Hospital v. State of Illinois, 26 Ill. Ct. Cl. 45 (1967)
Legacy General 26 awarded 1960s Delnor Hospital v. State of Illinois 26 Ill. Ct. Cl. 45 1967-01-10 (No. 5303-Claimant awarded $660.90.) /opinions/v26-p0086-1/

DELNORHOSPITAL, a Not-For-Profit Corporation of the State of Illinois, Claimant, v. STATE OF ILLINOIS, Re- spondent.

Case summary

Claimant sought $660.90 for hospital services provided to Allan Tye. The court awarded the amount because the appropriation for the biennium had lapsed, following its precedent that an order for the amount due will be entered when funds have lapsed.

Claim type: Lapsed Appropriation

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

Headnotes

  1. CONTRACTS-hpSed appropriation. When the appropriation from which a claim should have been paid has lapsed, the Court will enter an award for the amount due claimant.

Claimant seeks to recover the sum of $660.90 for hospital services, including drugs, laboratory facilities, X-rays, nursing, r o o k and dietary facilities, rendered to one Allan Tye from June 13, 1965 to June 25, 1965.

A stipulation of facts by and between claimant and respondent was filed with this Court on the 9th day of November, 1966, and thereby it was agreed as follows: [*46]

“That one Allan Tye was admitted to the Delnor Hospital on June 13, 1965 pursuant to notice of admission issued by the Supt. of Public Aid, Du Page County, State of Illinois, and that claimant supplied drugs and services from June 13,1965 to June 25, 1965.

“That respondent was billed in the sum of $660.90, but that said billing was not processed prior to the closing of the biennium appropriation.

“That no assignment or transfer of the claim has been made.

“That there is rightfully due to claimant the sum of $660.90. ,

“That, upon the foregoing agreed case filed here, the Court shall decide thereon, and render judgment herein according to the rights of the parties in the same manner as if the facts aforesaid were proved upon the trial of said issue.”

A verified complaint of claimant indicates that the claim was not acted upon within the time allowed. It was subsequently disallowed by the Illinois Public Aid upon the grounds that the funds appropriated for such payments had lapsed.

This Court has held that, when the appropriation for the biennium from which a claim should have been paid had lapsed, it will enter an order for the amount due claimant.

Claimant is hereby awarded the sum of $660.90.

Official volume 26 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion between: January 10, 1967–June 20, 1969)  ·  All opinions in this volume  ·  Also on CourtListener

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