AMERICAN STATES INSURANCE COMPANY, A Corporation, Claimant, os. STATE OF ILLINOIS, Respondent.
Case summary
Claimant paid $2,582.00 to the State based on the erroneous assumption that a remittance agent's bond was in effect. The court awarded the amount due to a mistake of fact, as stipulated by the Attorney General.
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Headnotes
- STATE OFFICERS AND AGENTS-mutual mistake of fact. Where money is paid under a mutual mistake of fact as to the existence of an obligation under bond purportedly issued by claimant, an award will be allowed.
American States Insurance Company has filed a claim for the sum of $2,582.00 as a result of payment made by it to the State of Illinois based upon it.s erroneous assumption that a “remittance agent’s bond” was in effect. The bond was transmitted to the Department of Financial Institutions of the State of Illinois by the applicant, Edna J. Maloney and James E:. Maloney, Jr., doing business as E. and J. Confectionery Store. Be[*171]lieving its bond to be duly issued, claimant paid to the Secretary of State the sum of $2,582.00 to cover checks returned by a bank for insufficient funds.
The Attorney General, representing the State of Illinois, has entered into a stipulation with claimant acknowledging that the sum in question was paid to the State of Illinois on the basis of a mistake of fact, and has agreed to the entry of an order in favor of claimant.
In view of the stipulation of the parties hereto, this Court hereby awards to claimant, American States Insurance Company, A corporation, the sum of $2,582.00.