No. 192.

297 U.S. 121 (1936)


Supreme Court of United States.

Decided February 3, 1936.

Attorney(s) appearing for the Case

Mr. J. Melville Broughton, with whom Mr. Wm. H. Yarborough, Jr., was on the brief, for petitioner.

Mr. Will G. Beardslee, with whom Solicitor General Reed and Messrs. Wilbur C. Pickett, Randolph C. Shaw, and W. Marvin Smith were on the brief, for the United States.

By leave of Court, Mr. Warren E. Miller filed a brief, as amicus curiae, supporting the position of petitioner.

MR. JUSTICE McREYNOLDS delivered the opinion of the Court.

Petitioner, Tyson, sued to recover total permanent disability benefits under a war risk term insurance contract, kept in force by premium payments while the insured remained in service. The petition, filed November 17, 1932, alleged that disability had existed ever since the claimant's discharge from the Army, December 18, 1918.

The trial court dismissed the...

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