EARWOOD v. UNITED STATES

No. 8248.

90 F.2d 494 (1937)

EARWOOD v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

June 2, 1937.


Attorney(s) appearing for the Case

Wm. T. Townsend, of Cartersville, Ga., and Thomas Howell Scott, of Atlanta, Ga., for appellant.

Thomas E. Walsh, Julius C. Martin, and Wilbur C. Pickett, Attys., Department of Justice, all of Washington, D. C., and Slaton Clemmons, Atty., Department of Justice, Lawrence S. Camp, U. S. Atty., and A. Sidney Camp, Asst. U. S. Atty., all of Atlanta, Ga., for the United States.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.


FOSTER, Circuit Judge.

This is a suit brought by the guardian of an insane person to recover on a policy of war risk insurance, issued to him while serving as a soldier in the armies of the United States, on the ground that the policy matured through his becoming totally and permanently disabled because of insanity. Error is assigned to the direction of a verdict for defendant.

The policy lapsed for nonpayment of premiums on August 31, 1919. Demand for payment...

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