United States v. Seattle Title Trust Co.

WILBUR, Circuit Judge.

This is an appeal from a judgment against the government on a war risk insurance policy for $10,000 predicated upon the allegation and proof that the appellee (insured) became totally and permanently disabled during the life of the policy which lapsed at midnight on February 28,1919, for nonpayment of premium on February 1, 1919. At the time of the trial of this action in March, 1931, the insured was in an insane asylum suffering from paresis resulting from syphilis. He acquired the disease during the term of his service in the'Army and while the policy was in effect. It…