Magenton v. United States

SANBORN, Circuit Judge.

From a judgment entered upon a directed verdict for the defendant in an action upon a policy of war risk insurance, this appeal is taken. The insured was discharged from the service on February 15, 1919. He paid no premiums on his policy thereafter. It lapsed March 31, 1919. He brought this action in August, 1932, claiming that, prior to the date of his discharge and while he was in the service, he was “afflicted” with a compound fracture of the right elbow, a paralytic stroke, bronchitis, pneumonia, tonsilitis, and “general weakness and disability,” which caused total…