United States v. Hammons

KENNEDY, District Judge.

This is a war risk insurance case. It was tried to the court below without the intervention of a jury, by stipulation, and at the close of all the evidence each party submitted a motion for judgment in his favor. The motion of the appellee, plaintiff in the court below, was sustained, and a judgment entered in his favor accordingly, to which an exception on the part of the appellant, defendant in the court below, was taken and allowed. The appeal brings before this court the question of the soundness of such judgment.

It was stipulated that the plaintiff was inducted…