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UNITED STATES v. WITBECK

No. 7543.

113 F.2d 185 (1940)

UNITED STATES v. WITBECK.

United States Court of Appeals for the District of Columbia.

Decided May 29, 1940.

Attorney(s) appearing for the Case

Allen Crenshaw, of U. S. Atty.'s office, and Fendall Marbury, of Department of Justice, both of Washington, D. C., for appellant.

Warren E. Miller, of Washington, D. C., for appellee.

Before GRONER, Chief Justice, and EDGERTON and VINSON, Associate Justices.

EDGERTON, Associate Justice.

The war risk insurance policies of Albert T. Witbeck lapsed on January 13, 1933. He died December 1, 1933. His mother has recovered judgment on the policies, and the government appeals. The jury were instructed that they might find for the plaintiff on the theory that, by January 13, 1933, "the insured became permanently and totally disabled by reason of impairment of mind to the extent and degree that by reason thereof he was unable to...

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