United States v. Blumenthal

KENNEDY, District Judge.

This is a war risk insurance case. In a trial without the intervention of a jury, the appellee, plaintiff in the court below, recovered judgment, from which the government appeals.

Difficulty is encountered in finding a way to consider the case upon its merits, on account of the condition of the record on appeal. 28 USCA § 875 (R. S. § 700) provides: “When an issue of fact in any civil cause in a district court is tried and determined by the court'without the intervention of a jury, according to section 773 of this title, the rulings of the court in the progress of the…