Rose v. United States

Suit upon a war risk insurance policy. The main issue was whether the insured, James Milford Rose, became permanently and totally disabled during the life of the policy. The parties by written stipulation waived trial by jury and consented that the court might make “separate findings of fact and conclusions of law * *

The court found that the premiums on the policy were paid up only to the date of the insured’s discharge from the army, and that at the time of his discharge, ho was not suffering total disability within the meaning of the policy, and dismissed the ease. Plaintiff appealed,…