Ross v. United States

SPARKS, Circuit Judge.

This action was instituted to recover total, permanent disability benefits under a war risk insurance contract. The suit was filed July 2, 1931, in forma pauperis, alleging that total disability arose while appellant was in the military service and before his discharge on May 20, 1919, that the demand had been made on June 2, 1919, and that a disagreement existed as to the claim asserted. The general issue was pleaded and at the conclusion of appellant’s evidence appellee’s motion for a directed verdict was sustained on the ground that no disagreement had been shown…