United States v. National Bank of Commerce

This is an appeal from a judgment of the District Court in favor of the plaintiff, appellee here, in an action against the United States upon a policy of war risk insurance in the sum of $10,000. A jury was impaneled to try the case, and, at the conclusion of plaintiff’s evidence, defendant moved for a nonsuit, which was denied. At the conclusion of the ease, the defendant again moved for a nonsuit, which was denied, and, as well, moved for a directed verdict, and the plaintiff likewise made such a motion; thereupon the jury was dismissed, and the court rendered judgment in favor of the plaintiff.

Appellant assigns as error the action of the court in denying its motions for nonsuit and for directed verdict; in excluding certain evidence offered by defendant; in the overruling of defendant’s objection to hypothetical questions based upon the ground that the questions called for conclusions of witnesses as to the ultimate facts; and in entering judgment in favor of plaintiff.

Plaintiff, a laborer possessing a sixth grade education, entered the United States Army in 1916 at the age of 20 years, and saw service on the Mexican border for 6 months, after which he was transferred to…