Kelly v. Brotherhood of Railroad Trainmen

Plaintiff brought an action of assumpsit against the defendant to recover $1,500, and interest thereon, claimed to be due him on a beneficiary certificate issued to him by defendant. There was a trial before the court without a jury and a finding and judgment in favor of plaintiff for the amount of his claim, viz., $1,839.58, to reverse which defendant prosecutes this appeal.

The record discloses that defendant is a voluntary fraternal beneficiary society and issues its certificates to railroad employees engaged in road or yard service; that on May 30, 1906, it issued its certificate to…