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KELLEY v. UNITED STATES

No. 2540.

49 F.2d 897 (1931)

KELLEY v. UNITED STATES.

Circuit Court of Appeals, First Circuit.

May 16, 1931.

Attorney(s) appearing for the Case

Leo M. Harlow, of Boston, Mass. (Frederick Kavolsky, of Fall River, Mass., on the brief), for appellant.

John Laurence Hurley, Sp. Asst. U. S. Atty., and Frederick H. Tarr, U. S. Atty., both of Boston, Mass. (William Wolff Smith, Gen. Counsel, and Bayless L. Guffy, Atty. Bureau of Internal Revenue, both of Washington, D. C. and B. B. Mulligan, Regional Atty., United States Veterans' Bureau, of Providence, R. I., on the brief), for the United States.

Before BINGHAM, ANDERSON, and WILSON, Circuit Judges.

BINGHAM, Circuit Judge.

This is an action to recover on a contract of war-risk insurance for total disability. There is no dispute that the plaintiff was in the Navy from May 31, 1918, to October 1, 1919, when he was honorably discharged; and that he took out war-risk insurance, which was in force up to December 31, 1919, when the policy lapsed for failure to pay the premium.

At the close of the plaintiff's evidence, the court directed a verdict for the defendant...

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