Johnson v. United States

Appellants are the executrices of the estate of John C. Schnarr, deceased, who died on August 5, 1932, and who will hereinafter be referred to as the decedent. Appellants sued to recover for the estate of decedent a certain sum alleged to have accrued to decedent in his lifetime by reason of his total and permanent disability contracted while in the service of the United States Army and insured against by the usual policy of war risk insurance.

It appears from the allegations of the complaint that on July 2, 1931, decedent filed an action in the court below to recover the benefits of his war risk insurance policy. This was one day before the statute of limitations would have run against his action. Prior thereto, on June 15,1931, decedent had made demand upon the United States Veterans’ Administration for the benefits of his policy of war risk insurance, claiming to have been totally and' permanently" disabled prior to the lapse of the policy. His claim was denied by the Veterans’ Bureau by a letter dated October 19,1931, which letter, it is alleged, was never received by decedent. There is no allegation as to when such notice was received. It will thus be noted that the action…