Anderson v. United States

DIETRICH, Circuit Judge.

Appellant brought this action to recover upon a $10,-000 war risk insurance policy for which he made application on February 8, 1918, while he was in the military service. From a judgment of dismissal, entered pursuant to a directed verdict, he appeals.

*46By his complaint he shows that he enlisted and was inducted into the army on March 31, 1917, and continued in the service until April 19, 1918, when he was honorably discharged. He further expressly alleges that he was totally and permanently disabled on October 6, 1917, while he was “acting in line of duty.” In giving…