Genesee Valley Trust Co. v. United States

SWAN, Circuit Judge.

This action seeking recovery on a war risk insurance policy was dismissed on the ground that it had not been brought within the time prescribed by statute, 38 U.S. C.A. § 445. The correctness of this ruling is the question presented by this appeal. There is no dispute as to the facts, which are as follows:

The insured, Roy Miller, attempted to bring suit on June 18, 1935 by causing a summons to be issued by a deputy clerk of *408the district court and to be served on an assistant United States attorney at Rochester, N. Y. A motion to quash the service of summons was granted by…