{
  "id": 2805298,
  "name": "Lake Street Memorial Park, a Corporation, Claimant, vs. State of Illinois, Respondent",
  "name_abbreviation": "Lake Street Memorial Park v. State",
  "decision_date": "1934-10-09",
  "docket_number": "No. 2384",
  "first_page": "190",
  "last_page": "191",
  "citations": [
    {
      "type": "official",
      "cite": "8 Ill. Ct. Cl. 190"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. Ct. Cl.",
    "id": 8793,
    "name": "Illinois Court of Claims"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 166,
    "char_count": 2258,
    "ocr_confidence": 0.536,
    "sha256": "03375063efa93d446a25e7a9f2a865cae47733a9661348583d6acf023401605f",
    "simhash": "1:5e13549f8e3b7c09",
    "word_count": 367
  },
  "last_updated": "2023-07-14T21:36:37.717265+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Lake Street Memorial Park, a Corporation, Claimant, vs. State of Illinois, Respondent."
    ],
    "opinions": [
      {
        "text": "Mr. Chief Justice Hollerich\ndelivered the opinion of the court:\nClaimant seeks to recover the sum of Forty-four Dollars and Sixty-two Cents ($44.62) on account of excess fees paid to the respondent under the terms and provisions of the Securities Law of this State.\nIt appears that on November 24, 1933, the claimant submitted a statement under the Illinois Securities Law to qualify 1,600 shares of its preferred stock of the par value of One Hundred Dollars ($100.00) per share, and 1,600 shares of its common stock of the par value of Five Dollars ($5.00) per share for sale at those prices as Class D securities. The statutory fee for such amount of securities, to-wit, $168,000.00, was $84.00, which amount was paid by the claimant in the State treasury as required by Section twenty-six (26) of the Securities Act. Thereafter an appraiser was selected to appraise the properties of the corporation as provided by the Securities Law, and he appraised the same at a lower valuation than had been given by the claimant. The claimant thereupon submitted an amended statement which sought to qualify 750 shares of preferred stock of the par value of $100.00 per share and 750 shares of common stock of the par value of $5.00 per share. The statutory fee for such amount of securities, to-wit, $78,750.00, was Thirty-nine Dollars and Eighty-three Cents ($39.83).\nClaimant having paid Eighty-four Dollars ($84.00) under its original statement, whereas, under its amended statement it was only required to pay Thirty-nine Dollars and Eighty-three Cents ($39.83), it is clearly entitled to a return of the excess fees paid, to-wit, Forty-four Dollars and Sixty-two Cents ($44.62), same having\u2019 been paid under a mistake of fact. 48 Corpus Juris 759; 21 R. C. L. 164; Firemen\u2019s Insurance Co. vs. State, 2 C. C. R. 220; Moorman Mfg. Co. vs. State, No. 1886 (decided May, 1934).\nAward is therefore hereby entered in favor of the claimant for the sum of Forty-four Dollars and Sixty-two Cents ($44.62).",
        "type": "majority",
        "author": "Mr. Chief Justice Hollerich"
      }
    ],
    "attorneys": [
      "McQueen, Churchill & Cromer, for claimant.",
      "Otto Kerner, Attorney General; John Kasserman, Assistant Attorney General, for respondent."
    ],
    "corrections": "",
    "head_matter": "(No. 2384\nLake Street Memorial Park, a Corporation, Claimant, vs. State of Illinois, Respondent.\nOpinion filed October 9, 1934.\nMcQueen, Churchill & Cromer, for claimant.\nOtto Kerner, Attorney General; John Kasserman, Assistant Attorney General, for respondent."
  },
  "file_name": "0190-01",
  "first_page_order": 212,
  "last_page_order": 213
}