Live Stock National Bank v. United States

TREANOR, Circuit Judge.

This is an appeal from the judgment of the United States District Court rendered in a suit by plaintiff, administrator of the estate of Joseph Zoke, deceased, to recover benefits under a policy of war risk term insurance. The policy matured by reason of the death of the insured on May 27, 1918, while in military service and during the life of the policy. The complaint alleged that Mary Benchick Kostecka was the named beneficiary of the insurance and claims an interest therein; and for that reason she was named as a party defendant.

In answer the United States pleaded (1)…