UNITED STATES v. TRACY

No. 5526.

28 F.2d 570 (1928)

UNITED STATES v. TRACY.

Circuit Court of Appeals, Ninth Circuit.

October 15, 1928.


Attorney(s) appearing for the Case

Anthony Savage, U. S. Atty., and Tom De Wolfe, Asst. U. S. Atty., both of Seattle, Wash. (William Wolff Smith, Gen. Counsel, and C. L. Dawson, Atty., U. S. Veterans' Bureau, both of Washington, D. C., and Lester E. Pope, Regional Atty., U. S. Veterans' Bureau, of Seattle, Wash., of counsel), for the United States.

W. G. Beardslee, of Seattle, Wash., for appellee.

Before RUDKIN, DIETRICH, and HUNT, Circuit Judges.


DIETRICH, Circuit Judge.

The United States appeals from a judgment against it in favor of Charles Tracy upon an alleged $10,000 war risk insurance contract.

At the time he filed his complaint Tracy was, and for some time prior thereto he had been, suffering from mental disorders and was under guardianship; discrepancies between his pleading and the proofs, which otherwise might be ground for criticism, we are therefore inclined to disregard. From the record...

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