Wilks v. United States

SWAN, Circuit Judge.

This suit was commenced in May, 1929, to recover upon a policy of war risk insurance issued to the plaintiff during his enlistment in the United States Army. He enlisted in September, 1918, served in the Field Artillery at Camp Zachary Taylor, Ky., and was honorably discharged in January, 1919. He allowed his insurance to lapse with his discharge, but he contends that he became totally and permanently disabled while the pol-iey was still in force. This the defendant denied. The issue was submitted to a jury which, after twice reporting that it was unable to agree, finally…