United States v. Mathis

PHILLIPS, Circuit Judge.

This is an appeal by the United States from a judgment recovered by Mathis on a policy of war risk insurance.

Mathis served in the United States Army from May 1, 1917 to March 28, 1918. On February Í, 1918, he applied for and received a policy of war risk term insurance for $10,000. He duly filed a claim for insurance benefits on March 21, 1930. The claim was denied March 29, 1932, and Mathis brought the action within the time limited by law.

Trial by jury was duly waived. This appeal presents the question properly raised below, whether there was substantial evidence…