Fairbanks v. United States

PRAY, District Judge.

This is an action to recover on a war risk insurance contract. The case was tried by the court without a jury, and decision was delayed for an unusual length of time, ■ due partly to the request of defendant to submit further testimony at a later date, leave having been granted therefor. The supplementary transcript was not filed in the case until later, and was followed some time thereafter by briefs of counsel. According to the Lumbra v. U. S. Case (290 U.S. 551, 54 S.Ct. 272, 78 L.Ed. 492), the fact, as here, that plaintiff waited ten or twelve years before commencing…