RACKOFF v. UNITED STATES

No. 189.

74 F.2d 720 (1935)

RACKOFF v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

January 7, 1935.


Attorney(s) appearing for the Case

Martin Conboy, U. S. Atty., of New York City (Thomas McCall and Francis H. Horan, Asst. U. S. Attys., both of New York City, of counsel), for the United States.

Thomas H. Greene, of New York City, for appellee.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.


AUGUSTUS N. HAND, Circuit Judge.

This is an action to recover upon a policy of war risk insurance of which Henry Cudmore, a soldier in the military service of the United States, was the beneficiary. He entered the service on August 5, 1918, at the age of 26 years, and was honorably discharged February 14, 1919. The policy expired on March 31, 1919, because of nonpayment of premiums. On January 24, 1921, Cudmore was committed to an insane asylum, as suffering from...

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