United States v. Andersen

MORTON, Circuit Judge.

This is an appeal by the United States against a verdict and judgment for the plaintiff in an action on a war risk insurance policy.. We shall refer to the parties, plaintiff and defendant, as they appeared in the trial court. The plaintiff enlisted in the Navy on June 20, 1918, and was discharged on December 21, 1918. He took out a $10,000 policy of war risk insurance which lapsed on March 2, 1919. The sole question is whether there was any evidence that he was totally and permanently disabled before that date.

The plaintiff’s evidence showed the following facts: In…