UNITED STATES v. SMITH

No. 7109.

67 F.2d 412 (1933)

UNITED STATES v. SMITH.

Circuit Court of Appeals, Ninth Circuit.

November 6, 1933.


Attorney(s) appearing for the Case

George Neuner, U. S. Atty., and Rex Kimmell, Asst. U. S. Atty., both of Portland, Or. (J. O'C. Roberts, Solicitor, Davis G. Arnold, and Wilbur C. Pickett, all of Washington, D. C., Attys. Veterans' Administration, of counsel), for the United States.

J. J. Crossley, of Portland, Or., for appellee.

Before WILBUR, SAWTELLE, and MACK, Circuit Judges.


WILBUR, Circuit Judge.

The appellee brought this action against the government to recover on a policy of war risk insurance issued to her son Elias Melvin Zimmerman in which she was named beneficiary.

The sole question involved in the case is whether or not the war risk insurance policy issued December 3, 1917, on the application of the insured was in effect on June 30, 1921, when he died. This question, in turn, depends upon whether or not the insurance premiums...

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