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UNITED STATES v. GARDER

No. 9762.

72 F.2d 518 (1934)

UNITED STATES v. GARDER.

Circuit Court of Appeals, Eighth Circuit.

July 26, 1934.

Attorney(s) appearing for the Case

Thomas E. Walsh, Atty., Department of Justice, of Washington, D. C. (Will G. Beardslee, Sp. Asst. to Atty. Gen., William L. Vandeventer, U. S. Atty., of Springfield, Mo., and George H. Hubbell, Asst. U. S. Atty., of Kansas City, Mo., on the brief), for the United States.

Harry L. Thomas, of Kansas City, Mo. (Thomas & Thomas, of Carrollton, Mo., on the brief), for appellees.

Before GARDNER and WOODROUGH, Circuit Judges, and MARTINEAU, District Judge.

MARTINEAU, District Judge.

Appellees brought this suit to recover the proceeds of a war risk insurance certificate issued to Lloyd S. Garder, alleging total and permanent disability November 1, 1918, by reason of pulmonary tuberculosis and other ailments.

At the trial the government admitted that the insured was a soldier in the World War; that on July 19, 1918, the day after he entered the service, a war risk insurance certificate in the amount of $10,000...

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