United States v. Knoles

SANBORN, Circuit Judge.

This appeal is from a judgment entered upon a directed verdict in favor of the plaintiff in an action upon a policy of war risk insurance. The only question which we feel called upon to decide is whether the court erred in directing a verdict.

In his petition the plaintiff alleged total permanent disability since April, 1919, and a disagreement with the defendant (herein referred to as the government), which had “wholly failed and refused to pay” the benefits of the policy.

The government’s answer, after admitting that the policy was issued to the plaintiff and that…