UNITED STATES v. LUMBRA

No. 182.

63 F.2d 796 (1933)

UNITED STATES v. LUMBRA.

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. (Davis G. Arnold, William J. Hession, and Lawrence A. Lawlor, all of Washington, D. C., of counsel), for the United States.

J. A. McNamara, of Burlington, Vt., and Harold C. Sylvester, of St. Albans, Vt., for appellee.

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


AUGUSTUS N. HAND, Circuit Judge.

This is an appeal by the government from a judgment in favor of Newton W. Lumbra, who brought action to recover upon a war risk insurance policy. We think the judgment must be reversed, because there was no evidence that on May 1, 1919, when the policy lapsed for nonpayment of premiums, it was reasonably certain that the disability of the insured would continue throughout his life.

From 1917 to 1919 Lumbra was a soldier in...

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