ILCS » Chapter 815 · Act 105
Illinois Compiled Statutes

815 ILCS 105/9 (2026)

In any action upon a note, bond, bill, or other instrument in writing, for the payment of money or property, or the performance of covenants or conditions, if such instrument was made or entered into without a good and valuable consideration, or, if the consideration upon which it was made or entered into has wholly or in part failed, it shall be lawful for the defendant to plead such want of consideration, or that the consideration has wholly or in part failed; and if it shall appear that such instrument was made or entered into without a good or valuable consideration, or that the consideration has wholly failed, judgment shall be rendered in favor of the defendant; and if it shall appear that the consideration has failed in part, the plaintiff shall recover according to the justice of the case: Provided, that nothing in this section contained shall be construed to affect or impair the right of any bona fide assignee of any instrument made assignable by this act, when such assignment was made before such instrument became due

✓ current as of May 2026
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(815 ILCS 105/9) (from Ch. 17, par. 610)
    Sec. 9. In any action upon a note, bond, bill, or other instrument in writing, for the payment of money or property, or the performance of covenants or conditions, if such instrument was made or entered into without a good and valuable consideration, or, if the consideration upon which it was made or entered into has wholly or in part failed, it shall be lawful for the defendant to plead such want of consideration, or that the consideration has wholly or in part failed; and if it shall appear that such instrument was made or entered into without a good or valuable consideration, or that the consideration has wholly failed, judgment shall be rendered in favor of the defendant; and if it shall appear that the consideration has failed in part, the plaintiff shall recover according to the justice of the case: Provided, that nothing in this section contained shall be construed to affect or impair the right of any bona fide assignee of any instrument made assignable by this act, when such assignment was made before such instrument became due.
(Source: P.A. 83-345.)

    
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1993–2024 · leading case: South Cent. FS, Inc. v. Tensen, 2024 IL App (5th) 190506-U (Ill. App. Ct. 2024).
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South Cent. FS, Inc. v. Tensen, 2024 IL App (5th) 190506-U (Ill. App. Ct. 2024). “815 ILCS 105/9 (West 2018). ¶ 22 In an action on a validly executed negotiable instrument, such as the note and agreement at issue here, there is a presumption of consideration.”
Kim v. Kim, 618 N.E.2d 1224 (Ill. App. Ct. 1993). “(815 ILCS 105/9 (West 1992).) Once the defendant raised the meritorious defense of failure of consideration, the trial court had no discretionary authority, but was required to allow the motion to open judgment and proceed to trial.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.