UNITED STATES v. BROWN

No. 2959.

76 F.2d 352 (1935)

UNITED STATES v. BROWN.

Circuit Court of Appeals, First Circuit.

March 26, 1935.


Attorney(s) appearing for the Case

William J. Hession, Atty., Department of Justice, of Boston, Mass. (Will G. Beardslee, Director, Bureau of War Risk Litigation, and Thomas E. Walsh, Atty., Department of Justice, both of Washington, D. C., and John D. Clifford, Jr., U. S. Atty., of Portland, Me., on the brief), for the United States.

Herbert J. Welch, of Portland, Me., for appellee.

Before BINGHAM, WILSON, and MORTON, Circuit Judges.


MORTON, Circuit Judge.

This is an appeal by the United States from verdict and judgment for the plaintiff in an action upon a policy of war risk insurance. The policy was in usual form, conditioned to become payable if the insured should become totally and permanently disabled while it was in force. The only substantial question presented by the appeal is whether the government was entitled to a directed verdict in its favor.

Waterhouse, the insured, enlisted...

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