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WEISS v. UNITED STATES

No. 192, Docket 21936.

187 F.2d 610 (1951)

WEISS v. UNITED STATES.

United States Court of Appeals Second Circuit.

Decided March 7, 1951.

Attorney(s) appearing for the Case

Sidney Morse, of Brooklyn, N. Y., for plaintiff-appellant.

Thomas E. Walsh, Atty., Dept. of Justice, of Washington, D. C. (Frank J. Parker, U. S. Atty., and Nathan Borock, Asst. U. S. Atty., both of Brooklyn, N. Y., Newell A. Clapp, Acting Asst. Atty. Gen., and D. Vance Swann, Atty., Dept. of Justice, of Washington, D. C., on the brief), for defendant-appellee.

Before AUGUSTUS N. HAND, CHASE, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

The plaintiff, Adele Weiss, is the sister of a veteran Eugene Morse who, while serving in the Armed Forces of the United States, took out two certificates of level premium term National Service Life Insurance, each for $5,000, naming her as beneficiary. He was honorably discharged on December 7, 1945, and died on August 27, 1948, having failed to pay the premiums after March 31, 1947 — a period of some seventeen months. She brought suit...

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