United States v. Witbeck

EDGERTON, Associate Justice.

The war risk insurance policies of Albert T. Witbeck lapsed on January 13, 1933. He died December 1, 1933. His mother has recovered judgment on the policies, and the government appeals. The jury were instructed that they might find for the plaintiff on the theory that, by January 13, 1933, “the insured became permanently and totally disabled by reason of impairment of mind to the extent and degree that by reason thereof he was unable to follow continuously some substantial, gainful occupation.” This appeal is based on the court’s refusal to direct a verdict for the…