Illinois Court of Claims Opinions
Lapsed Appropriation
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Josjah S. Cooper v. State of Illinois

25 Ill. Ct. Cl. 339 Illinois Court of Claims Filed 1966-07-14 No. 5284
Disposition: (No. 5284-Claimant awarded $387.64.) Award: $387.64 Agency: Division of Highways, Department of Public Works and Buildings
Cite as: Josjah S. Cooper v. State of Illinois, 25 Ill. Ct. Cl. 339 (1966)
Lapsed Appropriation 25 awarded 1960s Josjah S. Cooper v. State of Illinois 25 Ill. Ct. Cl. 339 1966-07-14 (No. 5284-Claimant awarded $387.64.) /opinions/v25-p0372-1/

JOSJAH S. COOPER, JR., Claimant, os. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought reimbursement for travel and meal expenses incurred as a state employee, which were not paid because vouchers were submitted after the appropriation lapsed. The court awarded the amount due, finding the contract proper and funds available when expenses were incurred.

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. TRAVEL EXPENSES-lapsed appropriation. Where a contract was properly entered into, the right to receipt of certain funds established, adequate funds were available at the time said monies were expended on behalf of the State, and the appropriation from which such claim could have been paid had lapsed, the Court will make an award.

Claimant, Josiah S . Cooper, Jr., seeks to recover the sum of $387.64 for reimbursement of expenses for travel and for meals in connection with his duties as an employee of the Division of Highways of the Department of Public Works and Buildings. Claimant alleges that he presented his claim for that amount to the Division of Highways, but that [*340] payment of said claim was denied because the appropriation available for the 73rd biennium had lapsed.

A Departmental Report was filed in this matter and received in the Attorney General’s Office on March 23rd, 1966. It stated in part:

“The only reason that the travel expenses have not been paid is that Mr. Cooper failed to submit the travel vouchers for the months of April, May, and June in time for them to be scheduled for payment from the 73rd biennium appropriation. If the vouchers had been submitted at the proper time, payment of the travel expenses would have been made.” Thereafter, a written stipulation was entered into between claimant and respondent, which found that claimant had furnished the money for the expenses claimed, and should be reimbursed for the same.

This Court has routinely held that, where a contract was properly entered into; the right to receipt of certain funds established; and, adequate funds were available at time said monies were expended on behalf of the State, then, when the appropriation for the biennium from which such claim should have been paid had lapsed, it will enter an order for the amount due.

Claimant is hereby awarded the sum of $387.64.

Official volume 25 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion between: August 25, 1964–November 17, 1966)  ·  All opinions in this volume  ·  Also on CourtListener

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