MEANEY v. UNITED STATES

No. 30.

112 F.2d 538 (1940)

MEANEY v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

June 10, 1940.


Attorney(s) appearing for the Case

Edmund Clynes, of Rochester, N. Y., for appellant.

Thomas E. Walsh, of Washington, D. C., for appellee.

Before L. HAND, CHASE, and PATTERSON, Circuit Judges.


L. HAND, Circuit Judge.

This is an appeal from a judgment entered upon the verdict of a jury, dismissing a petition in an action to recover upon a policy of war risk insurance. The insured was mustered out on December 31, 1918, and the policy lapsed on January 30, 1919; he died of pulmonary tuberculosis on July 6, 1922, and the question was whether he was permanently and totally disabled when the policy lapsed. He had consulted one physician at some time, not definitely...

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