United States v. Fritz

THOMPSON, Circuit Judge.

This is an appeal from a judgment for the plaintiff in a suit brought iii the District Court for the Western District of Pennsylvania upon a contract of war risk term insurance. The plaintiff enlisted' for military service in the World War on April 4, 1918, and applied for and was granted a; policy is-' sued under-authority of the-War Risk In*301surance Act (section 400 et seq., 40 Stat. 398, 409), insuring him against the risk of death and total and permanent disability. The premium due December 1, 1918, was unpaid.

There was testimony from which the jury could find the…