MIKELL v. UNITED STATES

No. 3392.

64 F.2d 301 (1933)

MIKELL v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

April 4, 1933.


Attorney(s) appearing for the Case

Irvine F. Belser, of Columbia, S. C. (Melton & Belser, of Columbia, S. C., on the brief), for appellant.

John M. George, of Richmond, Va., Atty., U. S. Veterans' Administration (Henry E. Davis, U. S. Atty., of Florence, S. C., on the brief), for the United States.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.


PARKER, Circuit Judge.

This is an appeal in a war risk insurance case in which verdict was directed for the government. Two points are presented by the appeal: (1) That the policy sued on did not lapse prior to the death of the insured because the government was indebted to him in an amount which, if applied in payment of premiums, would have continued the policy in force beyond his death; and (2) that, on the date when the government contends the policy lapsed for...

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