UNITED STATES v. JONES

Civ. No. 583.

101 F.Supp. 128 (1951)

UNITED STATES v. JONES.

United States District Court S. D. West Virginia, Huntington Division.

September 28, 1951.


Attorney(s) appearing for the Case

A. Garnett Thompson, U. S. Atty. of Charleston, W. Va., and Milton J. Ferguson, Asst. U. S. Atty., of Huntington, W. Va., for plaintiff.

Duncan W. Daugherty, Sr., and Duncan W. Daugherty, Jr., both of Huntington, W. Va., for defendant.


WATKINS, District Judge.

Plaintiff seeks to recover $5,798.00 which it says the United States paid to defendant by mistake. The money was paid to defendant as the beneficiary of a National Service Life Insurance policy. Plaintiff contends that the policy had lapsed prior to the death of the insured by reason of (1) failure to pay premiums and (2) termination of military service. Upon re-enlistment the insured stated in writing "no insurance desired", and no premiums...

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