United States v. Halliday

DOBIE, Circuit Judge.

This was an action on a war risk insurance policy, brought by James H. Halliday (hereinafter called, the insured), who sued through his Committee, Annie Halliday,' to' recover total permanent disability benefits under his term policy, which was issued between June 23, 1918, and April 2, 1919, while he was in the military service of the United States.

In his complaint, filed November 20, 1936, insured alleged that he had been totally and permanently disabled since April 2, 1919, the date of his discharge from the army. Insured’s policy, which had lapsed for nonpayment of…