United States v. Latimer

BRYAN, Circuit Judge.

The government appeals from a judgment against it in favor of the plaintiff Latimer in a suit on a war risk insurance policy which expired in March, 1920, for nonpayment of premium. Its contention here is that the evidence was insufficient to warrant the jury in finding that Latimer became totally and permanently disabled while the insurance remained in force, and hence that the trial court erred in denying its motion for a directed verdict. The suit was brought in July, 1932, some twelve years after the cause of action accrued. In his original petition Latimer attributed…