common-law voluntary payment doctrine (Illinois) · Go Syfert
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common-law voluntary payment doctrine in Illinois

6 Illinois opinions name it 2 courts 2019–2026 4 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (12)

CaseFollowedCited
Illinois Glass Co. v. Chicago Telephone Co.green
ill · 1908 · cited in 4 Illinois opinions naming this issue, 2019–2026
2 sentences

2026“The common-law voluntary payment doctrine embodies the ancient and ‘universally recognized rule that money voluntarily paid under a claim of right to the payment and with knowledge of the facts by the person making the payment cannot be recovered back on the ground that the claim was illegal.’ ” McIntosh v. Walgreens Boots Alliance, Inc., 2019 IL 123626, ¶ 22 (quoting Illinois Glass Co. v. Chicago Telephone Co., 234 Ill. 535, 541 (1908)).

2021Therefore, the voluntary payment doctrine does not apply to this case. ¶ 22 “The common-law voluntary payment doctrine embodies the ancient and ‘universally recognized rule that money voluntarily paid under a claim of right to the payment and with knowledge of the facts by the person making the payment cannot be recovered back on the ground that the claim was illegal.’ ” McIntosh v. Walgreens Boots Alliance, Inc., 2019 IL 123626, ¶ 22 (quoting Illinois Glass Co. v. Chicago Telephone Co., 234 Ill. 535, 541 (1908)).

44
McIntosh v. Walgreens Boots Alliance, Inc.green
ill · 2019 · cited in 4 Illinois opinions naming this issue, 2021–2026
2 sentences

2026“The common-law voluntary payment doctrine embodies the ancient and ‘universally recognized rule that money voluntarily paid under a claim of right to the payment and with knowledge of the facts by the person making the payment cannot be recovered back on the ground that the claim was illegal.’ ” McIntosh v. Walgreens Boots Alliance, Inc., 2019 IL 123626, ¶ 22 (quoting Illinois Glass Co. v. Chicago Telephone Co., 234 Ill. 535, 541 (1908)).

2026Therefore, SIH argues, the fraud deprived SIH of the knowledge required to apply the voluntary payment doctrine. ¶ 51 In evaluating the parties’ arguments, we note that the Illinois Supreme Court summarized the voluntary payment doctrine as it exists in Illinois in McIntosh v. Walgreens Boots Alliance, Inc., 2019 IL 123626 , ¶¶ 22-24, where it stated: 18 “The common-law voluntary payment doctrine embodies the ancient and ‘universally recognized rule that money voluntarily paid under a claim of right to the payment and with knowledge of the facts by the person making the payment cannot be recov

34
Vine Street Clinic v. HealthLink, Inc.green
ill · 2006 · cited in 2 Illinois opinions naming this issue, 2019–2019
2 sentences

2019Section 2 requires, however, that the misrepresentation must relate to a material fact. 815 ILCS 505/2 (West 2014). -6- ¶ 22 The common-law voluntary payment doctrine embodies the ancient and “universally recognized rule that money voluntarily paid under a claim of right to the payment and with knowledge of the facts by the person making the payment cannot be recovered back on the ground that the claim was illegal.” Illinois Glass Co. v. Chicago Telephone Co., 234 Ill. 535, 541 (1908); see also Vine Street Clinic v. HealthLink, Inc., 222 Ill. 2d 276, 298 (2006); King v. First Capital Financial

2019Section 2 requires, however, that the misrepresentation must relate to a material fact. 815 ILCS 505/2 (West 2014). ¶ 22 The common-law voluntary payment doctrine embodies the ancient and “universally recognized rule that money voluntarily paid under a claim of right to the payment and with knowledge of the facts by the person making the payment cannot be recovered back on the ground that the claim was illegal.” Illinois Glass Co. v. Chicago Telephone Co., 234 Ill. 535, 541 (1908); see also Vine Street Clinic v. HealthLink, Inc., 222 Ill. 2d 276, 298 (2006); King v. First Capital Financial Ser

22
Geary v. Dominick's Finer Foods, Inc.green
ill · 1989 · cited in 2 Illinois opinions naming this issue, 2019–2019
2 sentences

2019King, 215 Ill. 2d at 28, 30 ; Illinois Graphics, 159 Ill. 2d at 497 ; Geary v. Dominick’s Finer Foods, Inc., 129 Ill. 2d 389, 393-94 (1989); Freund, 114 Ill. 2d at 79 ; Getto, 86 Ill. 2d at 49 ; Illinois Glass Co., 234 Ill. at 541 ; Yates, 200 Ill. at 207 . ¶ 24 In addition to compulsion or duress, other recognized exceptions to the voluntary payment doctrine include fraud or misrepresentation or mistake of a material fact.

2019King, 215 Ill. 2d at 28, 30 ; Illinois Graphics, 159 Ill. 2d at 497 ; Geary v. Dominick’s Finer Foods, Inc., 129 Ill. 2d 389, 393-94 (1989); Freund, 114 Ill. 2d at 79 ; Getto, 86 Ill. 2d at 49 ; Illinois Glass Co., 234 Ill. at 541 ; Yates, 200 Ill. at 207 . ¶ 24 In addition to compulsion or duress, other recognized exceptions to the voluntary payment doctrine include fraud or misrepresentation or mistake of a material fact.

22
Freund v. Avis Rent-A-Car System, Inc.green
ill · 1986 · cited in 2 Illinois opinions naming this issue, 2019–2019
2 sentences

2019Section 2 requires, however, that the misrepresentation must relate to a material fact. 815 ILCS 505/2 (West 2014). -6- ¶ 22 The common-law voluntary payment doctrine embodies the ancient and “universally recognized rule that money voluntarily paid under a claim of right to the payment and with knowledge of the facts by the person making the payment cannot be recovered back on the ground that the claim was illegal.” Illinois Glass Co. v. Chicago Telephone Co., 234 Ill. 535, 541 (1908); see also Vine Street Clinic v. HealthLink, Inc., 222 Ill. 2d 276, 298 (2006); King v. First Capital Financial

2019Section 2 requires, however, that the misrepresentation must relate to a material fact. 815 ILCS 505/2 (West 2014). ¶ 22 The common-law voluntary payment doctrine embodies the ancient and “universally recognized rule that money voluntarily paid under a claim of right to the payment and with knowledge of the facts by the person making the payment cannot be recovered back on the ground that the claim was illegal.” Illinois Glass Co. v. Chicago Telephone Co., 234 Ill. 535, 541 (1908); see also Vine Street Clinic v. HealthLink, Inc., 222 Ill. 2d 276, 298 (2006); King v. First Capital Financial Ser

22
Kanter & Eisenberg v. Madison Associatesgreen
ill · 1987 · cited in 2 Illinois opinions naming this issue, 2019–2019
2 sentences

2019Section 2 requires, however, that the misrepresentation must relate to a material fact. 815 ILCS 505/2 (West 2014). -6- ¶ 22 The common-law voluntary payment doctrine embodies the ancient and “universally recognized rule that money voluntarily paid under a claim of right to the payment and with knowledge of the facts by the person making the payment cannot be recovered back on the ground that the claim was illegal.” Illinois Glass Co. v. Chicago Telephone Co., 234 Ill. 535, 541 (1908); see also Vine Street Clinic v. HealthLink, Inc., 222 Ill. 2d 276, 298 (2006); King v. First Capital Financial

2019Section 2 requires, however, that the misrepresentation must relate to a material fact. 815 ILCS 505/2 (West 2014). ¶ 22 The common-law voluntary payment doctrine embodies the ancient and “universally recognized rule that money voluntarily paid under a claim of right to the payment and with knowledge of the facts by the person making the payment cannot be recovered back on the ground that the claim was illegal.” Illinois Glass Co. v. Chicago Telephone Co., 234 Ill. 535, 541 (1908); see also Vine Street Clinic v. HealthLink, Inc., 222 Ill. 2d 276, 298 (2006); King v. First Capital Financial Ser

22
Getto v. City of Chicagogreen
ill · 1981 · cited in 2 Illinois opinions naming this issue, 2019–2019
2 sentences

2019Section 2 requires, however, that the misrepresentation must relate to a material fact. 815 ILCS 505/2 (West 2014). -6- ¶ 22 The common-law voluntary payment doctrine embodies the ancient and “universally recognized rule that money voluntarily paid under a claim of right to the payment and with knowledge of the facts by the person making the payment cannot be recovered back on the ground that the claim was illegal.” Illinois Glass Co. v. Chicago Telephone Co., 234 Ill. 535, 541 (1908); see also Vine Street Clinic v. HealthLink, Inc., 222 Ill. 2d 276, 298 (2006); King v. First Capital Financial

2019Section 2 requires, however, that the misrepresentation must relate to a material fact. 815 ILCS 505/2 (West 2014). ¶ 22 The common-law voluntary payment doctrine embodies the ancient and “universally recognized rule that money voluntarily paid under a claim of right to the payment and with knowledge of the facts by the person making the payment cannot be recovered back on the ground that the claim was illegal.” Illinois Glass Co. v. Chicago Telephone Co., 234 Ill. 535, 541 (1908); see also Vine Street Clinic v. HealthLink, Inc., 222 Ill. 2d 276, 298 (2006); King v. First Capital Financial Ser

22
Elston v. City of Chicagogreen
ill · 1866 · cited in 2 Illinois opinions naming this issue, 2019–2019
2 sentences

2019Section 2 requires, however, that the misrepresentation must relate to a material fact. 815 ILCS 505/2 (West 2014). -6- ¶ 22 The common-law voluntary payment doctrine embodies the ancient and “universally recognized rule that money voluntarily paid under a claim of right to the payment and with knowledge of the facts by the person making the payment cannot be recovered back on the ground that the claim was illegal.” Illinois Glass Co. v. Chicago Telephone Co., 234 Ill. 535, 541 (1908); see also Vine Street Clinic v. HealthLink, Inc., 222 Ill. 2d 276, 298 (2006); King v. First Capital Financial

2019Section 2 requires, however, that the misrepresentation must relate to a material fact. 815 ILCS 505/2 (West 2014). ¶ 22 The common-law voluntary payment doctrine embodies the ancient and “universally recognized rule that money voluntarily paid under a claim of right to the payment and with knowledge of the facts by the person making the payment cannot be recovered back on the ground that the claim was illegal.” Illinois Glass Co. v. Chicago Telephone Co., 234 Ill. 535, 541 (1908); see also Vine Street Clinic v. HealthLink, Inc., 222 Ill. 2d 276, 298 (2006); King v. First Capital Financial Ser

22
Yates v. Royal Insurancegreen
ill · 1902 · cited in 2 Illinois opinions naming this issue, 2019–2019
2 sentences

2019Section 2 requires, however, that the misrepresentation must relate to a material fact. 815 ILCS 505/2 (West 2014). -6- ¶ 22 The common-law voluntary payment doctrine embodies the ancient and “universally recognized rule that money voluntarily paid under a claim of right to the payment and with knowledge of the facts by the person making the payment cannot be recovered back on the ground that the claim was illegal.” Illinois Glass Co. v. Chicago Telephone Co., 234 Ill. 535, 541 (1908); see also Vine Street Clinic v. HealthLink, Inc., 222 Ill. 2d 276, 298 (2006); King v. First Capital Financial

2019Section 2 requires, however, that the misrepresentation must relate to a material fact. 815 ILCS 505/2 (West 2014). ¶ 22 The common-law voluntary payment doctrine embodies the ancient and “universally recognized rule that money voluntarily paid under a claim of right to the payment and with knowledge of the facts by the person making the payment cannot be recovered back on the ground that the claim was illegal.” Illinois Glass Co. v. Chicago Telephone Co., 234 Ill. 535, 541 (1908); see also Vine Street Clinic v. HealthLink, Inc., 222 Ill. 2d 276, 298 (2006); King v. First Capital Financial Ser

22
King v. First Capital Financial Services Corp.green
ill · 2005 · cited in 2 Illinois opinions naming this issue, 2019–2019
2 sentences

2019Section 2 requires, however, that the misrepresentation must relate to a material fact. 815 ILCS 505/2 (West 2014). -6- ¶ 22 The common-law voluntary payment doctrine embodies the ancient and “universally recognized rule that money voluntarily paid under a claim of right to the payment and with knowledge of the facts by the person making the payment cannot be recovered back on the ground that the claim was illegal.” Illinois Glass Co. v. Chicago Telephone Co., 234 Ill. 535, 541 (1908); see also Vine Street Clinic v. HealthLink, Inc., 222 Ill. 2d 276, 298 (2006); King v. First Capital Financial

2019Section 2 requires, however, that the misrepresentation must relate to a material fact. 815 ILCS 505/2 (West 2014). ¶ 22 The common-law voluntary payment doctrine embodies the ancient and “universally recognized rule that money voluntarily paid under a claim of right to the payment and with knowledge of the facts by the person making the payment cannot be recovered back on the ground that the claim was illegal.” Illinois Glass Co. v. Chicago Telephone Co., 234 Ill. 535, 541 (1908); see also Vine Street Clinic v. HealthLink, Inc., 222 Ill. 2d 276, 298 (2006); King v. First Capital Financial Ser

22
Harris v. ChartOnegreen
illappct · 2005 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026Therefore, SIH argues, the fraud deprived SIH of the knowledge required to apply the voluntary payment doctrine. ¶ 51 In evaluating the parties’ arguments, we note that the Illinois Supreme Court summarized the voluntary payment doctrine as it exists in Illinois in McIntosh v. Walgreens Boots Alliance, Inc., 2019 IL 123626 , ¶¶ 22-24, where it stated: 18 “The common-law voluntary payment doctrine embodies the ancient and ‘universally recognized rule that money voluntarily paid under a claim of right to the payment and with knowledge of the facts by the person making the payment cannot be recov

11
Jursich v. ARLINGTON HTS FED. SAV. & LOANgreen
illappct · 1982 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026App. 3d 878, 882 (2005), explained that where “the facts were not obscured or inaccessible but, rather, [where] the plaintiff’s lack of knowledge could be attributed to its lack of investigation into the defendant’s claim of liability and the basis upon which the defendant was seeking the [payment]” that the plaintiff’s lack of knowledge was “no exception to the voluntary-payment doctrine.” Thus, this court ruled that the plaintiff could not establish the required mistake of fact or fraud required to trigger the exceptions to the voluntary payment doctrine. ¶ 53 Similarly, in Jursich v. Arling

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Illinois Graphics Co. v. Nickum green
ill · 1994
2 sentences

2019Section 2 requires, however, that the misrepresentation must relate to a material fact. 815 ILCS 505/2 (West 2014). -6- ¶ 22 The common-law voluntary payment doctrine embodies the ancient and “universally recognized rule that money voluntarily paid under a claim of right to the payment and with knowledge of the facts by the person making the payment cannot be recovered back on the ground that the claim was illegal.” Illinois Glass Co. v. Chicago Telephone Co., 234 Ill. 535, 541 (1908); see also Vine Street Clinic v. HealthLink, Inc., 222 Ill. 2d 276, 298 (2006); King v. First Capital Financial

2019Section 2 requires, however, that the misrepresentation must relate to a material fact. 815 ILCS 505/2 (West 2014). ¶ 22 The common-law voluntary payment doctrine embodies the ancient and “universally recognized rule that money voluntarily paid under a claim of right to the payment and with knowledge of the facts by the person making the payment cannot be recovered back on the ground that the claim was illegal.” Illinois Glass Co. v. Chicago Telephone Co., 234 Ill. 535, 541 (1908); see also Vine Street Clinic v. HealthLink, Inc., 222 Ill. 2d 276, 298 (2006); King v. First Capital Financial Ser

22019–2019

Statutes the citing opinions construe

IL § 815 ILCS 505/1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 9 (2002–2021) IL 6 (2019–2026) TX 2 (2005–2013) AR 2 (1997–2002)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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