TOMLINSON v. UNITED STATES

No. 74.

18 F.2d 795 (1926)

TOMLINSON v. UNITED STATES.

District Court, D. Montana.

October 8, 1926.


Attorney(s) appearing for the Case

Loy J. Molumby and Charles Davidson, both of Great Falls, Mont., and Charles E. Pew, of Helena, Mont., for plaintiff.

Wellington D. Rankin, U. S. Atty., and Francis A. Silver, Asst. U. S. Atty., both of Helena, Mont., and C. L. Dawson, Sp. Counsel, of Washington, D. C., for the United States.


PRAY, District Judge.

This action is brought to recover on a contract of war risk insurance issued to John Henry Tomlinson, a son of plaintiff, and now deceased. The parties entered into a stipulation as to the facts and waived a trial by jury. It is agreed that Tomlinson entered the military service of defendant, applied for and received a contract of war risk insurance for $10,000, wherein plaintiff was made the beneficiary; that all premiums were paid while the...

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