New York, Chicago and St. Louis Railroad v. Hoffman

On July 24, 1956, the New York, Chicago and St. Louis Railroad Company, a domestic corporation, reported to the Secretary of State certain changes in its capital stock structure, together with an increase in stated capital occurring as a result of the change. An additional license fee in the amount of $11,271.65 was charged by the Secretary of State and paid under protest. Within the time prescribed by law the railroad company brought suit in the circuit court of Sangamon County against the State Treasurer and the Secretary of State to restrain a transfer into the general revenue fund and to…