United States v. Smart

HOLMES, Circuit Judge.

Appellee filed his petition in the court below to recover total and permanent disability benefits under a policy of war risk insurance on the basis of alleged mental incapacity occurring prior to May 31, 1919, the last date on which disability would have matured the policy. Both lay and medical testimony was introduced on the trial, and, without material conflict, it appears that appellant is constitutionally psychopathic, which is explained to mean that he is definitely peculiar and eccentric.

Appellee introduced the report of a medical examination by three physicians in…