City of Chicago v. Northwestern Mutual Life Insurance
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. Appellee brought an action of assumpsit against appellant, in the superior court of Cook county, to recover for certain water charges paid by it under protest.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. Appellee brought an action of assumpsit against appellant, in the superior court of Cook county, to recover for certain water charges paid by it under protest. An agreed state of facts was entered of record, and upon the case being submitted to the court without a jury, judgment was entered against appellant for $1849, together with interest and costs of suit. This judgment has been affirmed by the Appellate Court, and…
1Opinion of the CourtJustice Wilkin
The sole question is as to the right of appellee to recover the sum thus paid under protest. It is not claimed that the city had any lien on the lots for the back taxes or that appellee was under any obligation to pay the same, but it is claimed by appellant that the city had a right to say that it would not furnish a future supply of water unless its old bills were paid, and that the payments were made by appellee with full knowledge of all the facts, and were therefore voluntary and not under protest, and cannot be recovered.
Appellant is a municipal corporation. Its corporate powers do not…
2Cases cited2 opinions
- Wagner v. City of Rock IslandIllinois Supreme Court · 1893
- Vider v. City of ChicagoIllinois Supreme Court · 1896
3Cited by58 opinions
- Smith v. Prime Cable of ChicagoAppellate Court of Illinois · 1995
- City of Springfield v. AllphinIllinois Supreme Court · 1980
- Illinois Glass Co. v. Chicago Telephone Co.Illinois Supreme Court · 1908
- Austin View Civic Ass'n v. City of Palos HeightsAppellate Court of Illinois · 1980
- City of Logansport v. Public Service CommissionIndiana Supreme Court · 1931
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