United States v. Patterson

DAVIS, Circuit Judge.

This is an appeal from a judgment for the plaintiff who was insured under a policy of war risk term insurance. He was discharged from the military service July 16, 1919, and paid no premiums on his insurance after that date. The policy was effective for '30 days thereafter, and the question in this ease is whether the insured was permanently and totally disabled within the time that his policy was in effect.

This case is controlled by the decision in United States v. Auer (C. C. A.) 51 F.(2d) 921, this day decided, for the evidence here is stronger than in the Auer Case.…