United States v. Barry

SIMONS, Circuit Judge.

The appellees as the beneficiaries sued on a policy of war risk insurance issued by the government on the life of John N. Barry, deceased. ' From judgment in their favor upon an agreed statement of facts the government appeals.

The deceased soldier had been almost continuously in the military service of the United States from 1908 to the date of his death, March 31, 1920. His last enlistment prior to the passage of the War Risk Insurance Act began November 1,1915, and terminated with his honorable discharge on April 24, 1918. During this period he applied for and was…