United States v. Norton

FOSTER, Circuit Judge.

This is an appeal from a judgment awarding appellee recovery, as beneficiary, on a policy of war risk insurance. Error is assigned to the refusal of the District Court to direct a verdict for the United States and to his action in directing a verdict for appellee ex proprio motu.

The material facts, which are not in dispute, are these: Daniel James Norton obtained a policy of war risk insurance in the sum of $10,000, while in the Army. The premiums were duly paid thereon and on August 23, 1927, he changed it into a five-year convertible term policy of government life…