United States v. Ferguson

BRYAN, Circuit Judge.

This is an action on a war risk insurance policy which expired in May, 1919, for nonpayment of premium. Appellees, suing as beneficiaries, and alleging that during the life of the policy the insured became totally and permanently disabled, recovered judgment. The government, in support of its appeal, assigns as error the denial by the trial court of its motion for the peremptory instruction, which was based on the ground that the evidence was insufficient to warrant the jury in finding that the insured became totally and permanently disabled while the policy remained in…