Stuthman v. United States

GARDNER, Circuit Judge.

This is an action on a contract of war risk insurance, in which the pleadings are in conventional form.

The parties will be referred to as they appeared in the lower court.

After a jury had been impaneled and sworn, one of plaintiff’s attorneys made an opening statement of the case to the jury, reciting that before the war plaintiff was an able-bodied man, able to do the hardest kind of farm work; that he enlisted in the service, was sent to Fort Riley, Kan. and then transferred to Camp Cody, at Deming, N. M.; that he took out a policy of war risk insurance, the premiums…