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UNITED STATES v. NORTON

No. 7615.

77 F.2d 731 (1935)

UNITED STATES v. NORTON.

Circuit Court of Appeals, Fifth Circuit.

May 22, 1935.

Attorney(s) appearing for the Case

Armistead L. Boothe, Atty., Dept. of Justice, of Washington, D. C., John W. Holland, U. S. Atty., and George B. Davis, Atty., War Risk Litigation, both of Jacksonville, Fla., and W. Sanders Gramling, Asst. U. S. Atty., of Miami, Fla., for the United States.

S. S. McCahill, of Miami, Fla., for appellee.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

FOSTER, Circuit Judge.

This is an appeal from a judgment awarding appellee recovery, as beneficiary, on a policy of war risk insurance. Error is assigned to the refusal of the District Court to direct a verdict for the United States and to his action in directing a verdict for appellee ex proprio motu.

The material facts, which are not in dispute, are these: Daniel James Norton obtained a policy of war risk insurance in the sum of $10,000, while in the Army...

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