Gay v. United States

MAJOR, Circuit Judge.

This is an appeal from a judgment in favor of the defendant in a suit brought to recover total permanent disability benefits under a policy of War Risk Insurance (converted), issued to the plaintiff on July 1, 1927, and kept in force thereafter until May 1, 1934.

The issue presented by the complaint and answer thereto was whether the plaintiff became totally and permanently disabled on or prior to November 13, 1931.

Pursuant to a standing order of court, the case was heard by an Auditor on December 13, 1936, who filed his report on January 15, 1937. The defendant filed…