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GRANT v. UNITED STATES

No. 7206.

74 F.2d 302 (1934)

GRANT et ux. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 11, 1935.

Attorney(s) appearing for the Case

Alfred M. Scott, of Lubbock, Tex., for appellants.

Young M. Smith, Atty., Dept. of Justice, of Washington, D. C., and Frank B. Potter, Asst. U. S. Atty., of Fort Worth, Tex., for the United States.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

SIBLEY, Circuit Judges.

Grant, by his wife as his next friend, in 1931 brought suit on a policy of war risk insurance on which no premiums have been proven paid since his discharge from the Army, May 28, 1918, the claim being that from January, 1928, to the present time he has been totally and permanently disabled because of dementia præcox, simple type. A verdict was directed for the United States, and this in various forms is assigned as error.

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