American Life Ins. Co. v. Aladdin Temple Ben. Ass'n

On Rehearing.

FOSTER, Justice.

Appellant claims that we fell into error in holding that a recovery could be had of the amount paid under a void contract, because the alleged contract violated the statute against premium discrimination, invoking the well known principle that money cannot be recovered when paid under a void contract, if the contract is expressly prohibited by law or its execution is made a criminal offense.

The binder fixing the rate was made by an agent of appellent, which appellant claimed was without authority to bind it, and repudiated it as a contract.

We held that the…