United States v. Atkison

FOSTER, Circuit Judge.

This is an appeal from a judgment, entered on a verdict, awarding appellee a recovery of monthly payments on a policy of war risk insurance, issued to John E. Atkison while in the army of the United States. Error is assigned to the refusal of the court to direct a verdict for defendant.

The case is typical and presents only a question of fact. It is unnecessary to review the evidence in detail. The policy lapsed for nonpayment of premiums in December, 1918, in which month the soldier was discharged. He married appellee one month later. He applied for compensation in…