Plocher v. United States

HICKS, Circuit Judge.

Suit by the guardian of William Spencer Coon upon a war risk insurance policy. The policy lapsed on August 29, 1919, unless the veteran was then permanently and totally disabled. The court directed a verdict for the defendant. The question is whether there was substantial evidence that the veteran became totally and permanently disabled during the life of the policy.

The veteran was incapacitated in a hospital at Buffalo, N. Y., in April or May, 1919. His wife testified that while he was there he lay as if dead. He was discharged from the army on July 30, 1919, and was…