United States v. Braden

HICKS, Circuit Judge.

Suit by the guardian of Carl C. Braden upon a war risk insurance policy. The policy lapsed on October 1, 1919, unless the veteran was then permanently and totally disabled. The court denied a motion to direct a verdict for the defendant.

The principal question is whether there was substantial evidence that the veteran became totally and permanently disabled during the life of the policy.

The veteran enlisted October 9, 1917, and served until May 13, 1919, when he was honorably discharged. There is evidence tending to show that prior to enlistment his health was good, his…