FOSTER v. UNITED STATES

No. 6349.

25 F.Supp. 837 (1939)

FOSTER v. UNITED STATES.

District Court, D. Massachusetts.

January 4, 1939.


Attorney(s) appearing for the Case

John H. Sherburne and Walter White, both of Boston, Mass., for plaintiff.

John A. Canavan, U.S. Atty., and William J. Hession, Asst. U.S. Atty., both of Boston, Mass., for defendant.


BREWSTER, District Judge.

This action is brought by the beneficiary named in a policy of insurance issued by the United States on the life of Winthrop M. Foster, a World War Veteran, who disappeared December 28, 1926. The only question is whether a presumption of death, arising from the unexplained absence of more than seven years, may be invoked by the plaintiff as proof of the death of the insured. The facts are not in dispute.

The insured was born in 1890...

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