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HAMILTON v. UNITED STATES

No. 7410.

73 F.2d 357 (1934)

HAMILTON v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

November 10, 1934.

Attorney(s) appearing for the Case

R. W. Smith, Jr., of Gainesville, Ga., for appellant.

Lawton H. Ware, Veterans' Administration, of Atlanta, Ga., Dunbar Harrison, Asst. U. S. Atty., of Savannah, Ga., and Joseph H. San, Atty., Dept. of Justice, of New York City, for the United States.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.

SIBLEY, Circuit Judge.

After a few months' service in the Army, Lee Hamilton was discharged on December 18, 1918, having a persistent dysentery, and he paid no premium thereafter on his war risk insurance policy. Suit was brought on it in October, 1931. After hearing the evidence offered in Hamilton's behalf, the court directed a verdict against him. His appeal presents the single question whether there was substantial evidence to show that he was totally and permanently...

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