Bank of Arizona v. United States

Appellant brought this action on behalf of the estate of John Clark Wilson, deceased. The decedent was a veteran who enlisted in the United States Army, May 27, 1918, and was discharged January 27, 1919. At the time of his discharge, he had a war risk insurance policy. He was murdered at Prescott, Ariz., May 2, 1919. The government thereafter began payment of the insurance at the rate of $57.50 per month to the mother of the deceased, who was the beneficiary under his war risk insurance policy, and continued to so pay her until her death on August 25, 1930. Appellant applied for payment to it for and on behalf of the estate of the veteran of the remaining payments due under the terms of the policy, amounting to $5,178. The government refused to make theso payments on the ground that the policy of insurance had lapsed at the time of the death of the veteran and that the payments theretofore made by the government to the mother had been the result of mistake.

The government records show a payment of $27.20 premium on the 5th day of May, 1939, three days after the death of the veteran. The evidence discloses that a draft was issued by the Bank of Italy on May 5, 1919, payable to the…