United States v. Peet

PHILLIPS, Circuit Judge.

Peet brought this action against the United States on a policy of war risk insurance. The policy lapsed on March 1, 1919, for nonpayment of premiums unless on or prior to that date Peet became totally and permanently disabled.

On a former appeal we held the evidence failed to establish total disability and reversed a judgment in favor of Peet and remanded the cause for a new trial-United States v. Peet (C.C.A.10) 59 F.(2d) 728. On a second trial the lower court again found the issues of fact in favor of Peet and awarded judgment accordingly. The United States has…