Milton v. United States

HUTCHESON, Circuit Judge.

The- suit to recover for total and permanent disability, was on a war risk insurance policy, which lapsed on July 1, 1919,-for nonpayment of the premium due June 1, 1919. Brought in December 1937, it was, upon, defendant’s exception, that appellant did not file his suit within the time prescribed by statute, dismissed, for want of jurisdiction. The gist of this exception was: that plaintiff had ninety days from the mailing on September 17,, 1937, of the letter denying his claim, within which to commence suit; that he did not file his petition until December 17, 1937,…