United States v. Wilfore

AUGUSTUS N. HAND, Circuit Judge.

This is an appeal by the government from a judgment in favor of Floyd E. Wilfore, who brought an action to recover upon a war risk insurance policy. The principal assignment of error is that the trial judge improperly refused to direct a verdict in favor of the government because there was no evidence from which a jury could find that the plaintiff was suffering from a permanent and total disability at the time that his policy of insurance lapsed.

The defendant, by its answer, admitted that the policy was in force on May 2, 1919, the date when the plaintiff was…