Burns v. United States

L. HAND, Circuit Judge.

This appeal is from a judgment, dismissing a petition to recover upon a policy of war risk insurance upon summary motion made on affidavit. The petition, filed April 25, 1936, alleged that Burns, the plaintiff’s intestate, had enlisted in the regular army of the United States and had been mustered out on April 10, 1919; that while in the service, a policy of war risk insurance was issued to him upon which he paid all premiums falling due throughout the month of April, 1919; and that from the date of his discharge until his death on October 8, 1923, he was permanently…