Prifti v. United States

BREWSTER, District Judge.

In this proceeding plaintiff, as administrator, seeks to recover upon a policy of war risk insurance issued to his intestate. Defendant has moved to dismiss on two grounds: (1) that the action is barred by statutory limitations, and (2) that when brought, the law which gave the right to sue the United States had been repealed. The motion is supported by affidavit. The facts are not in dispute.

James A. Lewis was insured for $5,000 and while the policy was in force was killed in action on October 10, 1918. The beneficiary named in the policy was his mother Bejame Allie…