NATIONAL FIREPROOFING CORPORATION, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought payment for goods purchased for the new Illinois State Penitentiary, but the invoices were not received in time to be paid from the then biennium appropriation. The court awarded the principal amount of $538.04 but denied the claim for $22.51 in interest because mere delay of payment does not authorize interest under the Interest Statute.
Cases cited: Shell Petroleum Corp. vs. State, 7 C. C. R., 224
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Headnotes
- SUPPLIES-when award may be made for. Where State receives supplies as ordered by it, and bill therefor is not presented before lapse of appropriation out of which it could be paid, an award for amount due may be made on claim filed within a reasonable time.
- SAME-when award for interest on claim for will be denied. Mere delay of payment or defense of suit does not authorize an allowance of interest where award is made, as Section 2 of the Interest Statute only provides for allowance of interest on money withheld by any unreasonable and vexatious delay of payment.
This claim is for the sum of $538.04, and was for goods purchased for the use of the new Illinois State Penitentiary, [*713] at Stateville, Illinois. An itemized statement appears in the record. Claimant also asks the sum of $22.51 as interest because of deferred payment. The claim was filed July 6, 1934.
The goods were received by the State with invoices that were not received within time to be paid out of the then biennium appropriation. "Where the facts are undisputed that the State received supplies as ordered by it and that the bill was not presented for payment before the lapse of the appropriation out of which it could be paid, an award for the amount due will be made."
Shell Petroleum Corp. vs. State, 7 C. C. R., 224.
The claim for interest, however, in the amount of $22.51 will be denied for the reason that mere delay of payment or the defense of a suit does not authorize interest to be allowed under Section 2 of our Interest Statute, providing for interest on money withheld by any unreasonable and vexatious delay of payment.
An award in the sum of $538.04 is hereby made in favor of claimant.