United States v. Davis

SIBLEY, Circuit Judge.

In this suit on a term war risk policy the judge refused to direct a verdict for the United States, and the jury signed a verdict, “We find for the plaintiff and fix the date of permanent and total disability as Sept. 1, 1919.” Judgment was entered for plaintiff, and the United States appeal.

The first question raised is that the verdict does not support the judgment, because the stipulated fact is that the premium due August 1, 1919, was not paid, so that in truth the insurance expired August 31, 1919, and a disability on September 1st-was a day too late. The…