United States v. Young

WILBUR, Circuit Judge.

The appellee recovered judgment upon a war risk insurance policy on the ground that he was totally and permanently disabled before the 28th day of April, 1919; prior to the time the policy lapsed. '

At the time of his application for conversion of his war risk insurance policy on January 29, 1927, in answer to the question, “Are you now permanently and totally disabled?” he answered, “No.” Dr. Rigby, a physician and surgeon, called as a witness by the plaintiff, was asked by hypothetical question, which contained an assumption of facts, to state whether in his opinion the…