McIndoe

Appellant, William C. Mclndoe, brought this action under 38 U.S.C.A. § 817 to recover on a $10,000 policy of National Service Life Insurance issued to his son, William C. Mclndoe, Jr., in which the father is the agreed beneficiary. The case was tried before the United States District Court for the District of Oregon sitting without a jury, and judgment was entered for the United States.

The undisputed facts are set forth in a pre-trial order. They reveal that the policy was issued during the military service of deceased, effective September 28, 1943, and continued in force throughout his active duty period. He was discharged from service on April 26, 1946, and premiums for the following months were either paid by direct remittance, or waived (by administrative action), through May 28, 1947. The last premium was due May 28, 1947 and was paid May 1, 1947. A thirty-one day grace period existed, keeping the policy effective 31 days after the last premium payment. The policy was in effect (including such grace period) until July 29, 1947. Insured died August 24, 1947.

Appellant does not contend that the premium due June 28, 1947 was paid. Rather, he argues, that because of erroneous…