Marker v. United States

CAVANAH, District Judge.

This suit is now before the court upon issues of fact presented by the second amended complaint, answer of defendant, reply of plaintiff, the evidence appearing in a stipulation and oral testimony taken. A demurrer to the first ameixded complaint was sustained upon the ground that it appeared therefrom *458that plaintiff, on July 1, 1927, converted the original poliey into a five-year life insurance poliey, and .that his rights, if any, were on the converted policy and not on the original poliey, and in the absence of actionable fraud or mistake the contract of converted…