United States v. Meserve

WEBSTER, District Judge.

Appellee brought suit on a policy of war risk insurance held during his lifetime by her husband and intestate, George B. Me-serve. From a verdict and judgment in her favor, the government has appealed. The sole question presented for decision is whether there was sufficient evidence of total and permanent disability to warrant the submission of the case to the jury. Meserve was honorably discharged from the army on August 19, 1919, and the insurance policy in suit lapsed for nonpayment of premium on October 1,1919. It was necessary, therefore, for appellee to establish…