Tyler v. Capitol Indemnity Insurance

The appellant sued the appellee to recover the premium he paid it for a bail bond on the ground that the contract between him and the bail was void ab initio. ■ His claim was that the bail had surrendered him to the State but a few days after he had been released from jail. The lower court refused the appellant’s motion for summary judgment and granted that of the appellee. No questions of procedure are raised, nor are the facts in dispute. The appeal from the judgment for the defendant below raises questions of law only.

The appellant’s declaration was for money had and received. His…