FURBEE v. UNITED STATES

No. 3670.

73 F.2d 190 (1934)

FURBEE v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

October 11, 1934.


Attorney(s) appearing for the Case

John B. Wyatt, of Clarksburg, W. Va. (Wyatt & Randolph, of Clarksburg, W. Va., on the brief), for appellant.

Howard L. Robinson, U. S. Atty., of Clarksburg, W. Va., for the United States.

Before NORTHCOTT and SOPER, Circuit Judges, and MYERS, District Judge.


PER CURIAM.

The plaintiff in the District Court sought to recover upon a war risk insurance policy, which lapsed for nonpayment of premiums on April 1, 1919, unless at that date the soldier was totally and permanently disabled. The suit was not brought until March 11, 1931. The cause of disability was said to be tuberculosis, from which disease the insured died on April 1, 1931. There was, however, no evidence tending to show that the insured was so afflicted with...

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