Shadley v. Grand Lodge of the Brotherhood of Railroad Trainmen

This is an action for breach of a contract for life insurance, brought by plaintiff on a petition alleging that defendant refused to accept the monthly assessment required by the terms of the contract; that such refusal constitutes a repudiation of the contract justifying plaintiff to rescind the contract and to recover assessments theretofore paid as for money had and received.

The answer, fully discussed hereinafter, admits the issuance of the certificate; alleges that plaintiff lost his membership and forfeited his rights to all payments and assessments made by him theretofore. Plaintiff…