Portland Trust & Savings Bank v. United States

JAMES ALGER FEE, District Judge.

Plaintiff as the guardian of Frank M. DeLin filed a complaint alleging permanent and total disability of DeLin by reason of insanity within the life of a policy of war risk insurance and sought recovery on the contract. Defendant set up by answer a general denial and two affirmative defenses, res adjudicata by previous dismissal of a like action and lack of jurisdiction.

At a preliminary hearing under Rule 12, Subdivision (f) of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c,* the attorney for the Veterans’ Administration confessed that the…