United States v. Tate

BRYAN, Circuit Judge.

The government appeals from a judgment against it in an action on a war risk insurance policy, on the sole ground that the trial court erred in denying its motion •for a directed verdict. The policy lapsed in September, 1919, for nonpayment of premium, unless it had then matured by reason of plaintiff’s total and permanent disability. The suit was brought in August, *8231932, practically thirteen years after the cause of action accrued.

The plaintiff while serving in the World War, having encountered and inhaled poison gas, was hospitalized for 30 days, and then returned…