H. Channon Co. v. State, 5 Ill. Ct. Cl. 136 (1925)

May 1, 1925 · Illinois Court of Claims · No. 732

5 Ill. Ct. Cl. 136

(No. 732

Claimant awarded $3,800.00.)

H. Channon Company, a Corporation, Claimant, vs. State of Illinois, Respondent.

Opinion filed May 1, 1925.

Franchise tax — volien will he awarded. This case is controlled by the decision of the court in Herenden Milling Go- v. State, supra.

Moran, Paltzer & O’Donnell, for claimant.

Oscar E. Carlstrom, Attorney General; Edward E. Fitch, Assistant Attorney General, for respondent.

Mr. Justice Leech

delivered the opinion of the court:

This is a claim for the refund of franchise taxes erroneously paid to the Secretary of State of the State of Illinois, by above claimant, in the years 1920 and 1921; total excess paid by claimant amounting to $3,800.00.

The demurrer filed by the Attorney General of the State of Illinois, is, as a matter of law, sustained.

On the grounds of social justice and equity, we award claimant the sum of $3,800.00.