Tierney v. United States

(after stating the facts as above).

*817These actions are at law to recover upon a policy of war risk insurance issued to Desmond Tierney, deceased, during his lifetime and while in the military service of the United States, which policy lapsed for nonpayment of the premium due July 1, 1919.

It is claimed by the plaintiffs that, prior to the lapse of the policy, the insured became totally and permanently disabled, thus maturing the policy.

Attached to the motion papers is an affidavit of Mi*. Streissguth, stating that it is impossible for the plaintiffs to properly prepare for the trial of these…