McDonald v. United States

HUTCHESON, Circuit Judge.

The suit was on a converted war risk insurance policy. The claim was that before March 1, 1933, when his policy lapsed, appellant was stricken with active pulmonary tuberculosis, in such a state of advance and incurability as rendered him totally and permanently disabled.

The United States denied this, and, the evidence all in, obtained a favorable ruling on its motion for an instructed verdict. This appeal tests that ruling for error.

The case has this unusual feature: That, though appellant does not claim to have been totally and permanently disabled until January,…