UNITED STATES v. SIMPSON

No. 7590.

77 F.2d 764 (1935)

UNITED STATES v. SIMPSON.

Circuit Court of Appeals, Fifth Circuit.

May 20, 1935.


Attorney(s) appearing for the Case

Jim C. Smith, U. S. Atty., of Birmingham, Ala., for the United States.

John J. Sparkman, Douglass Taylor, and S. H. Richardson, all of Huntsville, Ala., for appellee.

Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges.


BRYAN, Circuit Judge.

The government appeals from a judgment against it in an action on a war risk insurance policy, on the ground that the trial court erred in denying its motion for a directed verdict. The policy lapsed in July, 1919, for nonpayment of premium, unless it had then matured by reason of plaintiff's total and permanent disability; and no claim was made under it until May, 1931, nearly 12 years after the cause of action accrued. The disability asserted...

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