Kerr

Appellee, Harry H. Kerr, brought this action against appellant, the United States, under section 19 of the World War Veterans’ Act 1924, as amended, 1 38 U.S.C.A. § 445 , on a claim for disability benefits under a contract of yearly renewable term insurance granted to appellee under section 400 of the Act of September 2, 1914, 38 Stat. 711 , as added by section 2 of the Act of October 6, 1917, c. 105, 40 Stat. 398 , 409.

The contract became effective on February 12, 1918, while appellee was employed in active service in the United States Navy. Premiums thereon were paid up to and including the premium for June, 1925. None was paid thereafter. Consequently, the contract lapsed on July 31, 1925, unless, as claimed in appellee’s petition, he had become and was on that date permanently and totally disabled. Appellant’s answer denies that such disability existed, and asserts, therefore, that nothing is due or owing to appellee under the contract.

At the conclusion of all the evidence, appellant moved for a directed verdict in its favor, on the ground that there was no substantial evidence that appellee was permanently and totally disabled at any time while the contract was in effect.…