United States v. Nickle

GARDNER, Circuit Judge.

This is an action brought to recover on a war risk insurance contract. Recovery is sought on the ground that insured became permanently totally disabled during the life of the policy. The policy lapsed for nonpayment of premiums June 1, 1919. Appellee was plaintiff below, and we shall refer to the parties as they appeared in the lower court.

The petition of plaintiff is in conventional form, and the answer, aside from certain specific admissions, is in the nature of a general denial. At the close of all the evidence, defendant moved for a directed verdict, which was…