Fulkerson

From a verdict and judgment in favor of appellee, plaintiff below, on a policy of war risk insurance, the appellant has brought this appeal.

The plaintiff alleged that on April 9,1919, he was totally and permanently disabled by reason of neurasthenia, psycho-neurosis, and maniac depressive insanity. The policy was in force, by reason of payment of premium, until April 30, 1919.

At the conclusion of plaintiff’s ease, the government made the usual motions for dismissal or for a directed verdict, which motions were denied. At the conclusion of all the evidence, the motions were renewed, with the same result.

The assignments of error are predicated upon the refusal of the court to grant these motions which were based upon the ground that the evidence adduced did not prove any permanent or total disability while the insurance was in force. The sole question before us, therefore, is whether there was any substantial evidence of total and permanent disability to support the verdict.

The enlistment record of the plaintiff, admitted in evidence, shows, among other things, that he received his honorable discharge from the military service on April 9, 1919, by reason of: “Maniac…