OAK PARK HOSPITAL, INC., ACORPORATION, Claimant. ws. STATE OF ILLINOIS, Respondent. Opinion pled March 13, 1940. MORTON C. ELDEN, f o r claimant.
Case summary
Claimant sought $10.00 for X-ray services furnished to an injured state employee. The court awarded the amount because the services were necessary, properly authorized, and the bill was submitted within a reasonable time but the appropriation had lapsed before payment could be made, without fault of the claimant.
Cases cited: Rock Island Sand & Gravel Co. vs. State, 8 C. C. R. 165; Indian Motorcycle Co. vs. State, 9 C. C. R. 526; Metropolitan Electrical Supply Co. vs. State, No. 3270, decided at the September Term, 1938
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Headnotes
- SERncEs-lopSe of appropriation out of which cmld be paid- before payment- when award m a v be made for, Where claimant has rendered services to the State on t h e order of one authorized to contract for it, and submits a bill therefor within a reasonable time, and due to no fault or negligence on the part of claimant, same ip not approved and vouchered for payment, before the lapse of t h e appropriation from which it is payable, a n award for the
- I 220 SMITH ZI. STATE O F ILLINOIS.
- reasonable value of same may be made, where at tlie time the services were rendered there were sufficient funds remaining therein to pay same.
- MR. CHIEF JUSTICE HOLLERICH
Claimant seeks an award in the amount of Ten Dollars ($10.00) for X-ray services furnished to an injured employee of the respondent on May 23d, 1937. The services in question were necessary and were furnished at the request of the attending physician who was acting pursuant to proper authorization by the respondent. The bill for such services was presented to respondent on September 20th, 1937, but same was not vouchered for payment for the reason that although there mere ample funds in the appropriation at the . time the services were rendered, such appropriation had lapsed at the time the statement was presented. The reasonableness of the claim is not questioned.
This court has repeatedly held that where materials or supplies have been properly furnished to the State, and a bill therefor has been submitted within a reasonable time, but the same was not approved and vouchered €or payment before the lapse of the appropriation from which it is payable, without any fault or neglect on the part of then claimant, an award for the reasonable value of such materials or supplies will be made, where, at the time the expenses were incurred there were sufficient funds remaining unexpended in the appropriation to pay for the same. Rock Islamd Sar?zda2 Gravel Co. vs.
State, 8 C. C. R. 165; I d am Motorcycle Co. vs. State, 9 C. C. R. 526; Metropolitan Elect?-ical Supply Co. vs. State, No. 3270, decided at the September Term, 1938, of this court.
This case comes within the rule above set forth, and award is therefore entered in favor of the claimant for tlie sum of Ten Dollars ($10.00).