Kintner v. United States

McDERMOTT, Circuit Judge.

The trial court dismissed this action on a war risk insurance policy on the ground that the reply set up a new cause of action and that, being filed after the Act of March 20, 1933, § 17 (38 USCA § 717) there was no jurisdiction over the defendant.

The complaint, filed on July 5, 19'20', alleged that insured entered the service on June 27, 1918, and shortly thereafter was granted war risk insurance, evidenced by a certificate thereof; that insured paid all premiums until February 20, 1923; “that while said insurance certificate was in effect, said Ixintner died of a…