United States v. Seattle Title Trust Co.

This is an appeal from a judgment against the government on a war risk insurance policy for $10,000 predicated upon the allegation and proof that the appellee (insured) became totally and permanently disabled during the life of the policy which lapsed at midnight on February 28,1919, for nonpayment of premium on February 1, 1919. At the time of the trial of this action in March, 1931, the insured was in an insane asylum suffering from paresis resulting from syphilis. He acquired the disease during the term of his service in the'Army and while the policy was in effect. It is claimed that as a result of this disease he then became and ever since has remained totally and permanently disabled. During the interval between his discharge and the trial of the ease, he had frequently and for long periods of time-engaged in gainful occupation, and had received in the aggregate a large,amount of compensation for such labor. During this interval he manifested some eccentricities which increased as the years went on. The appellee was examined by Dr. E. A. Nicholson .on August 20, 1925, and again on April 8, 1926, and December 12, 1929. Dr. Nicholson testified that in his opinion the insured…