Palanuk v. United States

SANBORN, Circuit Judge.

This is an appeal from a summary judgment dismissing an action brought by the plaintiff (appellant) on August 16, 1952, upon a $10,000 policy of National Service Life Insurance issued to her deceased husband, James Palanuk, while in the military service of the United States. 1 She was the beneficiary named in the policy. The insured died December 25, 1947. No premiums on the policy had been paid since May 1, 1946, and apparently it had lapsed on June first of that year for nonpayment of premiums.

The claim upon which the plaintiff’s complaint is based is, in substance,…