UNITED STATES v. CLAPP

No. 180.

63 F.2d 793 (1933)

UNITED STATES v. CLAPP.

Circuit Court of Appeals, Second Circuit.

March 6, 1933.


Attorney(s) appearing for the Case

Harry B. Amey, U. S. Atty., of Burlington, Vt., and Allen Martin, Asst. U. S. Atty., of Essex Junction, Vt., C. L. Dawson and Davis G. Arnold, both of Washington, D. C., and William J. Hession, of Boston, Mass., for the United States.

Harold C. Sylvester, of St. Albans, Vt. (J. A. McNamara, of Burlington, Vt., on the brief), for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


L. HAND, Circuit Judge.

The action was by a discharged soldier upon a policy of war risk insurance which lapsed on May 29, 1919. The plaintiff had been a farm boy before he was drafted, helping his father, who owned the farm. During his service the army rations apparently affected his digestion; at any rate he was much troubled with disorder of his stomach before his discharge, though it does not appear that his malady was serious enough to prevent the performance...

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