MUTH v. UNITED STATES

No. 3693.

78 F.2d 525 (1935)

MUTH et al. v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

June 25, 1935.


Attorney(s) appearing for the Case

Warren E. Miller, of Washington, D. C. (Horace T. Smith, of Baltimore, Md., on the brief), for appellants.

Fendall Marbury, Sp. Asst. to the Atty. Gen. (Bernard J. Flynn, U. S. Atty., of Baltimore, Md., and Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., on the brief), for the United States.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.


PER CURIAM.

This is a war risk insurance case in which verdict was directed for the government. Premiums paid kept the policy in force to June 1, 1919, and insured died in September of that year. When the evidence is viewed in the light most favorable to plaintiff, as it must be on motion for directed verdict, it shows that during the life of the policy insured was suffering from general paralysis of the insane, and that this disease was of such character that he...

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