United States v. Myers

THOMAS, Circuit Judge.

This is an appeal by the United States of America from a judgment for William H. Myers, plaintiff-appellee. A National Service Life Insurance Policy for $10,000 had been issued to Myers while he was a soldier in the army. He .was discharged from the army on December 31, 1945, and one month thereafter the policy lapsed for non-payment of premiums. In this action Myers sought to have the policy declared to be in force with premiums waived on the ground that his failure to make timely application for waiver of premiums was due to circumstances beyond his control.

The case…