Kemp v. United States

SPARKS, Circuit Judge.

This action was instituted by appellants, the widow and son of Henry W. Kemp, on February 23, 1932, to recover total permanent disability benefits on a war risk insurance policy issued to decedent during his service in the United States Army. The government pleaded the general issue, and also a special plea to the effect that the suit was not timely instituted as required by section 19 of the World War Veterans’ Act *2141924, as amended July 3,1930, § 4, 38 USCA § 445. A demurrer to the special plea was overruled, whereupon, a jury having been waived, the cause was…