United States v. Journey

PHILLIPS, Circuit Judge.

Journey brought this action to recover on a term policy of War Risk Insurance. Trial by jury was waived by a written stipulation.

At the close of the evidence, counsel for the United States moved for judgment, first, on the ground that there was no disagreement, and second, there was no substantial evidence establishing that Journey was totally and permanently disabled on or before September 1, 1919, and that his policy lapsed on that date for non-payment of premiums.

The trial court overruled the motion and entered judgment for Journey.

In McLaughlin v. United States…