Gonzalez v. Danaher

In Gonzalez v. Danaher, 30 Ill. App. 3d 992, 996, 332 N.E.2d 603 (1975), an accused deposited money with the clerk of the circuit court of Cook County to secure a bail bond. Gonzalez, 30 Ill. App. 3d at 993. When the criminal charges against the accused were dismissed, the clerk paid him the amount of his deposit, minus 10% for costs. Gonzalez, 30 Ill. App. 3d at 993. He then brought suit, in order to recover the interest actually earned on the deposit. Gonzalez, 30 Ill. App. 3d at 993, 994-95 (plaintiff's case was distinguished from a case in which "no interest had been accumulated"). The Court held that "by its silence on the subject of interest," the legislature intended to deny a right to recover it. Gonzalez, 30 Ill. App. 3d at 994. In Gonzales, the Court held that an accused had no common-law right to interest that was actually earned on bail bond money. Gonzalez, 30 Ill. App. 3d at 994. The Court stated: "In Illinois, interest cannot be recovered in the absence of a contract or statutory provision." Gonzalez, 30 Ill. App. 3d at 994.