United States v. Rice

RUDKIN, Circuit Judge.

This is an appeal by the government from a judgment in favor of the plaintiff in an action on a policy of war risk insurance. The appellee was discharged from the military service of tho United States on July 24,1919, and suffered his insurance to lapse for nonpayment of premiums on August 30, 1919. The sufficiency of the testimony to establish total and permanent disability incurred while the policy was in force and effect is the sole question presented for consideration.

There was testimony tending to prove that tho appellee has flat feet; that while in the military…