United States v. Provost

SIBLEY, Circuit Judge.

Mary Louise Provost sued in two counts, one on a war risk insurance policy issued to her as a war nurse, claiming total and permanent disability since April 14, 1919; and another count on a converted policy issued in June, 1921, on which she had paid premiums to the time of trial, claiming total permanent disability since December, 1921, and asking a return of premiums paid since that date. During the trial she elected to proceed on the second count, and abandoned the first. There is no practical need to rule on the question whether her election should have been made…