Hill

The plaintiff and appellee was in the military service of the United States from and after July 25, 1918, and was honorably discharged March 14,1919. On May 28,1919, while in civilian status, he was kicked in the head by a horse, and as a result was totally and permanently disabled. Upon enlisting the appellee took out a policy of war risk insurance for $10,-000 and it is upon that policy that he predicates this action against the government. The sole question involved is whether or not the injury occurred before the policy lapsed. Eight premiums were deducted from the appellee’s monthly pay; the last deduction being on the day of discharge. If eight premiums paid for eight months insurance, the period paid for expired March 25, 1919. Appellee’s position is that the premium payable March 25 was deducted March 14 on his discharge; that by a regulation of the Treasury Department adopted October 15, 1917, relating to monthly insurance premiums of persons who had left the service the payment of the premium due March 25, 1919, was postponed to April 1, 1919; that therefore the payment deducted March 14, 1919, paid premium due April 1, and that no other or subsequent payment was due…