Madigan
United States v. Madigan
Opinion
Lead Opinion
Garrecht, J.
Harry J. Madigan entered the military service of the United States July 15, 1917, and, after service was honorably discharged on July 25, 1919. While in such military service he applied for and was granted $10,000 war risk insurance, upon which premiums were paid to November 1, 1919. On this latter date Madigan converted his $10,000 war risk term insurance contract into a twenty-payment life policy of United States government insurance, upon which premiums were paid to keep it in force until January 31, 1920.
On November 1, 1919, and also on January 31, 1920, appellee was suffering from a compensable disability. On June 6, 1920, the Veterans’ Bureau rated him totally and permanently disabled and on said date there was due him as compensation, the sum of $312.25.
The case was tried to the court without jury on an agreed statement of facts and judgment entered for plaintiff, from which the government appeals.
The statute under which the action was brought (section 305 of the World War Veterans’ Act 1924, 43 Stat. 626 , amended 44 Stat. 799 , 45 Stat. 971 , 46 Stat. 1016 , 38 U.S.C.A. § 516 [quoted]) is as follows: “Where any person has, prior to June 7, 1924, allowed his…