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UNITED STATES v. TOWNSEND

No. 3730.

73 F.2d 222 (1934)

UNITED STATES v. TOWNSEND et al.

Circuit Court of Appeals, Fourth Circuit.

October 24, 1934.

Attorney(s) appearing for the Case

Randolph C. Shaw, Sp. Asst. to Atty. Gen. (James O. Carr, U. S. Atty., of Wilmington, N. C., and Will G. Beardslee, Director, Bureau of War Risk Litigation, and Young M. Smith, Attorney, Department of Justice, both of Washington, D. C., on the brief), for the United States.

J. M. Broughton, of Raleigh, N. C. (E. G. Hobbs, of Selma, N. C., on the brief), for appellees.

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

PER CURIAM.

The United States moved for a directed verdict in the District Court in this suit upon a contract of war risk insurance on the ground that the plaintiffs in that court had offered no substantial evidence tending to show that on February 1, 1919, when the policy lapsed for nonpayment of premiums, the insured was totally and permanently disabled. The insured was inducted in the Navy on July 22, 1918; discontinued the payment of premiums in January, 1919...

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