Texas Mut. Life Ins. Ass'n v. Boyd

GALLAGHER, Chief Justice.

This suit was instituted by appellee, Mrs. Alberta Boyd, against appellant, Texas Mutual Life Insurance Association, a cor poration, to recover assessments paid on a benefit certificate issued to her, on the ground that appellant had repudiated a material part of said certificate and that such repudiation constituted a breach thereof authorizing her to sue for the return of all assessments paid by her. Appellant, as special defenses, alleged that appellee, with notice of such repudiation, had paid assessments on said certificate and that by doing so she had ratified…