Drury v. County of McLean

I respectfully dissent and suggest that the majority has misapplied Meyerowitz. In that case, unlike the case at bar, the county was in possession of the fines. There is no suggestion in Meyerowitz that mere receipt and transmittal to other entities of government of fines would impose liability on the county. On the contrary, the supreme court recognized, sub silentio, that there could be a variety of defendants in such recovery actions when it described such actions as “resemble[ing] the common law action for money had and received.” (61 Ill. 2d 200, 212,335 N.E.2d 1.) Therefore, the instant…