United States v. Wiggins

FOSTER, Circuit Judge.

This is a sxxit on a policy of war risk insurance in the sum of $10,000 brought by the insured to mature the policy on the ground of total and permanent disability. Error is assigned to the refxtsal of the District Court to direct a verdict for defendant at the close of the evidence. The following facts appear from the record:

The policy lapsed on July 1, 1919, for nonpayment of premiums. There was evidence tending to show that at the time of trial the insured was suffering from lumbago and tabes dorsalis, caused by syphilis. Suit was not instituted until some 13 years…