Bailey v. United States

HUTCHESON, Circuit Judge.

On August 22, 1933, appellant brought this suit on a five-year convertible war risk policy, reinstated on October 7, 1927, as of July 1, 1927, on an application for reinstatement received by the Bureau on July *4576, 1927. The claim in the suit was that between' October 7, 1927, when the policy was reinstated, and April 1, 1928, plaintiff, by reason of stricture and diverticulum of the esophagus, became totally and permanently disabled.

In addition to, denying permanent and total disability as alleged, the United States affirmatively presented the defenses of fraud in the…