Falls v. City of Cairo

Citations

• 58 Ill. 403

Syllabus

<p>1. Of voluntary and compulsory payment. It has been held, that the payment of an assessment, made to a collector of taxes, while having in his hands a warrant to lev}' and collect the amount of the assessment of the goods and chattels of the owner, might be considered compulsory, and made under such circumstances as would authorize the party paying the money to recover back the same, if the assessment was illegally made.</p> <p>3. But this rule does not apply where a special assessment is paid to the officer while having in his hands a precept which can only be levied upon the lands of the owner. In such case, the payment will be regarded as voluntary, because a sale under the precept would not disturb the owner in the free enjoyment of his property, and his remedies would still remain to him, in case the assessment was illegal.</p> <p>3. Action—to recover money back. The rule is, if a party, with full knowledge of all the facts of the case, voluntarily pays money in satisfaction or discharge of a demand unjustly made on him, he can not afterwards recover back the money.</p> <p>4. Where a party has voluntarily paid a special assessment, the fact that others have failed to pay, or that the municipal authorities have abandoned the collection of other assessments in respect to the same improvement, will not aid the party who has paid, in recovering back his money.</p> <p>5. Failure of consideration. Where a party sought to recover back money voluntarily paid upon a special assessment, made for the construction of a certain public improvement adjacent to his premises, on the ground that the consideration for the payment had wholly failed, it was considered, the improvement having been made, the plaintiff had received a full equivalent or compensation for the money paid, in the enhanced value which his property had derived from the improvement.</p>