Kane

Appeal from judgment in favor of plaintiff in action to recover on policy of war risk insurance. The action was instituted by Sam B. Kane, the insured. At the conclusion of plaintiff’s case the government moved for a nonsuit, on the ground that the plaintiff had not made out a prima facie case and that there was m> substantial evidence of total and permanent disability during the life of the *397 policy. The motion was denied. After both sides had rested the government moved for a directed verdict on1 the same grounds as the prior motion, and the same ruling had. The verdict of the jury was in favor of plaintiff. The sole question involved is whether the evidence presented was of a character substantial enough to warrant submission to the jury.

At the outset, it might be well to allude to another point raised by appellant, that of reinstatement and conversion of the sum of $2,000 of plaintiff’s original $5,000 policy. Kane converted $2,000 of the original $5,000 policy into a thirty-year endowment policy, effective June 1, 1920, with the premiums paid to include the month of July, 1921. On the remaining $3,000 carried as term insurance, the premiums were paid to include August,…