Third Nat. Bank & Trust Co. v. United States

MOORMAN, Circuit Judge.

This suit was filed by Thaddeus C. Stewart to recover the benefits of a contract of insurance issued' under the War Risk Insurance Act (38 Stat. 711, as amended). While the case was .pending in the District Court, the Third National Bank & Trust Company was appointed guardian for Stewart, and substituted as party plaintiff. The sole issue made in the pleadings was whether Stewart became totally and permanently disabled while the policy of insurance was in effect. Upon this issue, the jury returned a verdict for defendant, upon which there was .a judgment.

The first error…