UNITED STATES v. ELLIOTT

No. 7460.

73 F.2d 374 (1934)

UNITED STATES v. ELLIOTT.

Circuit Court of Appeals, Fifth Circuit.

November 10, 1934.


Attorney(s) appearing for the Case

Alexander C. Birch, U. S. Atty., of Mobile, Ala.

Geo. Pegram, of Linden, Ala., for appellee.

Before BRYAN, HUTCHESON, and WALKER, Circuit Judges.


HUTCHESON, Circuit Judge.

Appellee's suit, on a war risk term policy on which the premiums had been duly paid, was contested on the sole ground of fraud in its procurement. The request of appellant at the close of the evidence for an instructed verdict was denied. The jury found for plaintiff. We are urged to reverse on the undisputed evidence.

On May 18, 1929, Leonard L. Sturdivant applied for a policy of government life insurance to be issued effective June...

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