United States v. Cote

MORTON, Circuit Judge.

This is an action on a war risk insurance policy. The District Judge submitted the case to a jury which returned a verdict for the plaintiff, with a special finding that the plaintiff became permanently and totally disabled on October 11, 1918. The principal question presented by this appeal is whether the defendant was entitled to a directed verdict.

The plaintiff enlisted in the Navy in August, 1918, and was honorably discharged in December of the same year, having served two and one-half months. He took out a policy of war risk insurance which took effect on September…